Training Outline

Course Summary (1 hour)

• Put up Transparency 131 and remind participants that the guidelines provided in the Primer were developed for policy-makers, lobbyists and those involved in drafting national or federal legislation concerning the employment of persons with disabilities. The exercises provided through the training, coupled with the guidelines, will hopefully prove useful in developing and reforming such legislation, so that it becomes more effective in practice.

  Further, remind participants that while the primary focus of the guidelines was on the main types of civil and labor law and related policy currently in place to promote employment opportunities for persons with disabilities, the focus has also been on how non-discrimination legislation can be enhanced through the concept of reasonable accommodation and quota laws to maximize their practical impact.

• Using Transparency 132, explain that the following principles are critical when considering the adoption of a law specifically promoting equal employment opportunities for people with disabilities or the formulation of policies seeking to implement such a law:

  • Disability laws and policies are in full conformity with international human rights law.
  • The provisions are compatible with other national laws and policies.
  • The definition or definitions of disabilities used reflect the fact that people with disabilities may be prevented from participating in the open employment market by both individual and environmental barriers.
  • Provision is made for affirmative action measures, which provide some temporary preferential treatment to groups of disadvantaged persons.
  • The gender dimension of disability is always taken into account.
  • The process of developing the laws and policies is participatory, involving consultation with all stakeholders, including employers’ organizations, workers’ organizations, disabled persons’ organizations and other interested parties.

• Using Transparencies 133-134, explain that the following guidelines and principles are critical when considering the adoption of a law aimed at prohibiting discrimination on grounds of disability in the labour market. Legislation prohibiting discrimination should:

  • Explicitly refer to disability as a protected ground.
  • Exercise caution in defining disability.
  • Cover all four forms of discrimination: direct discrimination, indirect discrimination, harassment, and instruction to discriminate.
  • Make provision for reasonable accommodation, defining what this involves while recognizing the defense of ‘disproportionate burden’.
  • Allow for genuine occupational requirements, which are to be applied narrowly.
  • Stipulate that the burden of proof shifts to the person who allegedly discriminated, once the complaining party has provided facts suggesting the existence of discrimination.
  • Be accompanied by social policy measures.
  • Allow for affirmative action measures.

• Using Transparencies 135-136, explain that the following principles are critical when considering the adoption of quota laws. Quota laws should:

  • Be aimed at assisting disabled job-seekers to get jobs.
  • Be backed up with a sanction, such as a compensatory levy and an effective enforcement mechanism to encourage compliance by employers.
  • Offer employers other optional ways of meeting the quota obligation, in addition to recruiting disabled persons and/or paying a levy.
  • Be based on clearly identified policy goals and be targeted at a clearly specified group of people with disabilities.
  • Be based on a registration/identification system which guarantees real benefits to those identified as disabled.
  • Be tailored to the economic situation and employment pattern in the State in question.

• Use Transparency 137 to review conditions upon which the eventual success of equal opportunities legislation and policy measures are dependent. These conditions and consideration include:

  • Information campaigns, including general and technical information and advice.
  • Employment support measures.
  • The extent to which the laws / policies reflect the varying interests and needs of groups in society which are affected.
  • Extensive systematic consultation with the key stakeholders – organizations of disabled persons, employer and worker organizations, service providers as well as relevant government ministries.
  • Consultations, ideally formalized through existing bodies or through task forces set up for the purpose.
• Remind participants that effective enforcement of the law requires provision for procedures to allow individuals to bring legal actions to court. In addition, it is important to provide for enforcement through agencies such as Ombudsman institutions or Rights Commissions. Enforcement procedures should be planned from the outset, and adequately resources.

• Close the programme by going around the room and asking participants to share a response to the questions highlighted in Transparency 138.

  • What insights have you gained from participating in this programme?
  • What is a first step that you are considering in applying this information?