Does the state oblige employers to take the necessary action on accommodations made in the work place for all employees with disabilities?

Explanation

For employees with disabilities both to work, and to work effectively for their employers, such accommodations will need to be made in the work place. Obliging such action on the part of employers should go a long way not only to ensuring both, but also to ensuring that persons with disabilities are properly included in the workforce If employers are required to take, in particular, any specific actions, please describe what these are.

In detail

Summary

21 percent of respondents replied that by law reasonable accommodation has to be provided by the employer. 46 percent however stated that in their countries the state does not oblige employers to do so – resulting in the fact that persons with disabilities cannot work effectively.

  • Restrictive criteria and quotas that inhibit action on the provision of accommodations: accommodations often depend on sets of criteria related to the person with disabilities’ case or the employer.
  • Ineffectiveness of funds for accommodations or lack of proactivity: where grants and accommodations are available, a considerable number of countries claimed the delays in the provision of accommodation are a major barrier for people with disabilities to find employment, as many can wait up to a year to received accommodations. Employers often lack in the financial and organisational preparedness to make necessary accommodations.
  • The issue also stems from recruitment processes, there is often a long time gap between application and the start of work which poses problems for the employer, and has indirect social costs for the person with disability.
Comments

Christina Ryan, Australia: “Anti-discrimination laws exist in every state / territory, but it is up to the individual employee to enforce their rights, those rights are not automatically afforded.”

Marque Pretorius, South Africa: “Legislation is in place, however the need for inspection of compliance by employers remains a serious concern. Employees are not fully aware of their rights.”

CRPD Article

Relates to UN CRPD article No. 27 (Work and Employment)