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Design a poster of disabilities within the workplace.

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Design a poster of disabilities within the workplace.

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Disability inclusion at work: What it is and why it matters

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What is disability inclusion at work? Why is it important? Learn about the benefits of disability inclusion for businesses and employees.

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Advice on supporting and treating disabled people fairly at work. For employers, managers and disabled employees, workers and job applicants.

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7 facts about disability in the workplace.

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7 facts about disability in the workplace.

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It's not always easy for people with a disability to be part of the workforce - but, thankfully, things are improving.
Having a disability shouldn't stop anyone from finding a job (and neither should discrimination!).

However, the rights of people with a disability in the workplace can be quite confusing to understand. So we've taken a look at a few key facts that you may need to know.

Fact #1: In the workplace 'disability' is a pretty broad term

Often when people think 'disability' their minds jump to people with physical disabilities such as those who use wheelchairs. But in the workplace, disability can refer to physical, intellectual, psychiatric, sensory, neurological, and learning disabilities. Even people with Hepatitis C or HIV are counted as having a disability.

Why is this worth noting? Well, basically it means that the laws don't just protect people with a physical disability - they're here for everyone who may be discriminated against due to a disability.

Fact #2: Discrimination isn't ok. In fact, it's illegal

Just to recap, disability discrimination refers to people being treated unfairly (and missing out on job opportunities) just because they have a disability.

The good news? In Australia, the law protects employees with a disability from discrimination at all stages of employment - from the initial interview right through to leaving the company.

The sad truth? Some employers do still discriminate against applicants with a disability.

Sometimes this discrimination is more obvious, such as telling someone flat out that they won't be considered for the job because they assume they'll be 'too slow'. Other times, discrimination is more indirect - like when businesses don't provide access for people who use wheelchairs.

Whatever form it takes, it's not OK.

Fact #3: Sometimes an employer can refuse you a job because of your disability

Sometimes it can be legal for a company to refuse someone a job because of their disability. This can be the case if you can't perform the 'inherent requirements' of the position. In other words, you must be able to carry out the duties of the job.

These 'inherent requirements' will depend on the job - for instance, a person with low vision may not meet the requirements to be a delivery driver.

But, if your disability won't affect your performance, you deserve a fair shot - and employers aren't allowed to turn you down just because of your disability.

That's why the laws exist - to ensure there's an even playing field for everyone.

Fact #4: Sometimes, workplaces must make changes to suit your needs

Sometimes, a workplace might need a few adjustments to make it accessible and safe for an employee with a disability.

Employers must make what are called 'reasonable adjustments' for a person with a disability who is offered a job, or to an existing employee, to make sure they can do the requirements of the job.

Perhaps a ramp needs to be installed, doorways widened to allow wheelchair access, or a bigger computer screen is necessary. If such an adjustment can be made, it's the employer's responsibility to make it happen.

In some cases, employers do not have to make these changes if they can show that it would be very difficult to do so, or be very high cost.

On the upside, employers don't always have to carry to cost of these alterations. The Australian Government's Workplace Modifications Scheme can assist where there are costs in modifying the workplace or purchasing equipment for eligible employees with disability.

Fact #5: You can decide if you tell your boss about your disability

You only need to tell your employer about your disability if it has the potential to endanger yourself or your co-workers, or, if it could affect your ability to do the job.

For example, if you have epilepsy and your job involves operating heavy machinery, you need to tell your employer.

It's also good to keep in mind that if you do not let your employer know about any illness, disability, or injury - you may not be covered by Workers Compensation if the condition recurs or gets worse on the job.

Otherwise it's completely up to you whether you tell anyone or not - some people prefer to keep things private, while others are comfortable sharing. The only thing worth noting is that, if you discuss your disability with your boss, he or she may be able to make changes to your workplace to make things a little easier.

Fact #6: Your boss can't tell anyone about your disability, unless you say so

That's right: by law (the Privacy Act), your employer must keep details of your disability confidential unless you give consent.

It is up to you whether you want to tell your colleagues about your disability.

Fact #7: You can take action against discrimination

If you experience discrimination don't feel ashamed, and know you're well within your rights to take action.

As a first step, you might choose to raise the issue directly with the people involved, or with a manager, supervisor, or the Human Resources department.

Or, if you're not comfortable with this, you can make a complaint to the Australian Human Rights Commission (or have a solicitor or advocate do this on your behalf).

Your complaint to the Commission will need to be in writing, and describe when, where, what happened, and who was involved. There is a complaint form that you can fill in and post or fax back, or you can do it online. If you are not able to put your complaint in writing, the Commission can help you with this.
Our employment supports help people with a disability learn new skills, get some hands on experience, or find a job.

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7 facts about disability in the workplace | Aruma

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It's not always easy for people with a disability to be part of the workforce - but, thankfully, things are improving. Having a disability shouldn't stop anyone from finding a job (and neither should discrimination!). However, the rights of people with a disability in the workplace can be quite confusing to understand.

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In 2015 Access to Work grants were capped to a maximum yearly award limit of 1.5 times the national average salary. This was going to be raised from £42,100 to £43,100 in April 2018.

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How to make a workplace more welcoming when you have a disability.

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How to make a workplace more welcoming when you have a disability.

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Successful businessmen handshaking after good deal. Business handshake and business people.
Getty

October was National Disability Employment Awareness Month. It's a time each year when disability organizations, elected officials, business experts, and journalists discuss the status of disabled people in the job market and workplace.

We generally start by taking stock of the size and shape of the disability employment gap. It's big. According to a February 2019 disability employment report from the U.S. Department of Labor Bureau of Labor Statistics, the unemployment rate for people with disabilities actively in the job market is 8%, compared to 3.7% for people without disabilities. In a time of historically high employment, disabled Americans experience recession-level unemployment. This rate typically becomes catastrophic whenever the economy plunges.

Meanwhile, we struggle to pinpoint the most common barriers to employment for people with disabilities. Specifics vary widely from person to person and workplace to workplace. But there is almost always some combination of inadequate education and work skills training, longstanding disincentives built into disability benefits and American healthcare systems, and both formal and informal discrimination by employers.

In response, disability advocates recap a familiar round of arguments for why employers should give disabled job seekers a chance.
Disabled people are more capable and talented than you probably think. Hiring people with disabilities is a good deed ... and good publicity for your company. Disability is an important component of healthy diversity. Disabled workers are actually more dedicated and less likely to turn over than non-disabled workers. Hiring more disbaled workers is good for the economy, because it increases productivity and reduces spending on disability-related government benefits. And most workplace accommodations are simple and inexpensive.
Unfortunately, being aware of these things doesn't necessarily mean that either employers or their disabled employees know how to make a workplace truly welcoming for disabled people on a day to day basis. The motivation to do better may be there, but ableism, (disability prejudice), is more than just a collection of myths and misconceptions to unlearn. It's also a set of deeply ingrained, usually unexamined habits. Beyond good intentions and the administrative competence to be "ADA compliant," there are informal ways employers can help make workplaces more inviting and productive for current and future employees with disabilities. Here are ten of them:
1. Discourage ableist language:
When disability awareness campaigns address language, they tend to focus mostly on which terms should and shouldn't be used to refer to disabled people. In a way, the answer is easy: use the terminology each disabled person prefers for themselves. The next step, and probably a more profound one, is to cut back on seemingly harmless but corrosive labels and adjectives we throw around everyday without thinking. For example:

* Dumb, stupid, moron, idiot, slow, challenged

* Crazy, insane, out of your mind

* Lazy, clumsy, klutz, lame, deaf as a post, blind as a bat

* Fat, skinny, short

Many people won't consider all of these words seriously offensive in every situation. However, they are all by nature negative and insulting with a particular resonance for disabled people. Some, like "the R-word," should be absolutely forbidden. In any case, workplaces where even the mildest of these words are constantly and gleefully used tend to grind down people with disabilities, even if they aren't directed specifically at them. Whether or not you ban language like this outright, the important thing is to pay attention and be aware of their ableist roots and ugly effects.
2. Learn to recognize and reinterpret behaviors and communication styles that may be related to disabilities.
Both visibly obvious and invisible disabilities can sometimes affect how we come across to others. For instance:

* People with mobility impairments, and who use wheelchairs or crutches, are often seen as "too slow" and "in the way."

* People with sensory or cognitive disabilities sometimes communicate differently in ways that others interpret as difficult to understand, inattentive, long-winded or noncommittal, humorless, or rude.

* Disabilities often distort expected "body language" ... like handshakes, eye contact, and customs of sitting and standing in social situations ... in ways that seem off-putting.

Before dismissing a disabled employee as awkward, rude, or "not fitting in," managers and coworkers should consider how a person's disability may be affecting their interactions with others.
3. Don't make disability jokes, even if a disabled employee says it's fine.
Tolerating or encouraging disability-themed jokes in the workplace is always a bad idea. Like insulting words, any particualr joke may be harmless. But with time and repetition, they can create an increasingly hostile and dispiriting environment for disabled workers, even if they don't take offense right away. Plus, it's important to remember that disabled people are often under a lot of social pressure to "go along" and be "cool with" jokes at their expense. A bit of self-deprecating humor may be OK now and then. But thoughtless, cruel, and tacky disability jokes shouldn't be allowed to flourish in a work environment.
4. Make sure all company events, both formal and informal, are accessible.
Obviously, remember to invite disabled employees to participate fully in social events. But there are also scores of other ways you might unintentionally exclude them if you don't pay attention. In general, it's a good idea to avoid venues with stairs, no accessible restrooms, long walks to get there, or that lack places to sit and rest. Athletic and outdoor events are popular, but require very specific modifications to be accessible. Consider food allergies and employees who may not be able to drink alcohol. Also, employee social events should be announced well in advance, so disabeld workers can arrange transportation and other supports they might need in order to participate.
5. Provide accommodations quietly, but as often as possible, not secretly.
Don't make a spectacle of the accommodations and special arrangements you make for disabled employees. Don't show off, and resist the temptation to hover and micromanage in a very visible way. And try not to discuss accommodations in front of other employees.

At the same time, don't treat accommodations like a deep dark secret. As often as possible, work with disabled employees to keep their coworkers appropriately "in the loop" about accommodations. This can help discourage speculation, gossip and resentment over why one employee is getting "special treatment" that their coworkers don't understand.
6. Allow each disabled employee to control the terms of their own confidentiality and/or disclosure with other staff.
Different disabilities call for different levels of confidentiality and disclosure. Broadly speaking, with many individual exceptions, mental health and intellectual disabilities carry more stigma than physical and sensory disabilities. Also, invisible disabilities tend to generate more mystery, speculation, and doubt, making open discussion potentially helpful, but also risky. The key is to discuss the pros and cons of talking openly about an employee's disability and workplace accommodations, but ultimately leaving decisions about disclosure up to each person.
7. Teach employees appropriate ways to express concern and offer help to disabled employees.
One of the ways otherwise kind, decent people go wrong in dealing with disabled people is that they overthink whether and how to express concern and offer help. Follow this simple formula: If you want to ask if a disabled coworker is OK and offer them help, then ask! Just make sure you accept their answer, no matter what it is. Don't push. Don't insist. And don't get angry if they say no or don't appreciate your offer.
8. Deal immediately with gossip and insulting comments related to employees' disabilities.
There is no acceptable space for coworkers or managers to make fun of a disabled employee, especially in a public way, and especially if it's because of their disability. The most "harmless" and "all in fun" disparaging remarks must be stopped immediately. You don't have to be punitive about it, but you can't ignore it or wait until it gets worse.
9. Don't overlook the possibility that a disabled employee might join in the bullying of another disabled employee.
People with disabilities can be ableist too. In fact, disabled people in difficult social situations sometimes feel enormous pressure to side with their "normal" coworkers in targeting other disabled people in order to fit in. There is also a fairly common school of thought within parts of the disability community that disabled people who want to be accepted and "get ahead" should be easy-going and not complain about petty jokes and ableism. Encouraging everyone to examine and change their ableist habits can do a lot to make all disabled employees feel safe and accepted.
10. Learn something about the cultural norms, customs, and pressures of people with different kinds of disabilities and overlapping backgrounds.
There are scores of specific types of disabilities, and several broad categories. While you don't have to know all the medical and social details of each one, it's a good idea to have a basic understanding of the differences between diverse disability experiences. For example:

* Visible vs. invisible disabilities ... which often result in very different kinds and degrees of stigma, and call for different calculations of disclosure.

* Lifelong vs. later in life disabilities ... which can affect the amount of social integration a person has had, the quality of their education, and their overall comfort and experience with their own disabilities.

* Physical, sensory, intellectual, learning, and mental health disabilities, and chronic pain and chronic illness ... each of which have different practical effects and call for different types of accessibility and accommodation.

Finally, it's important to acknowledge that disability and other "marginalized" identities overlap and combine in distinctive ways. People of color who are also disabled can experience both ableism and racism. Women with disabilities contend with sexism compounded by ableism. And disabled LGBTQ+ people endure a similar overlapping of identity and prejudices. It's not necessary to understand these "intersections" fully and have all the right answers. The key is to be aware of them and open to helping as best you can.

Too often, the message of disability awareness ends up being, "People with Disabilities are just life like everyone else ... they just happen to have a disability!"

This is true in terms of basic human worth and potential. Disabled people deserve to be treated with equal fairness and dignity. Disabled workers with comparable traIning and experience have equal potential for workplace success. And some disabled people come ready to work on day one, requiring little or no accommodation, either practical or social.

But disabilities are real. Being qualified and hardworking doesn't mean disabled people are the same as other workers. Many disabled workers require both technical and social adjustments in order to succeed. Denying these differences in a misguided attempt to make disability unimportant doesn't work.

Ableist social habits can be as profound a barrier in the workplace as stairs and narrow doorways. Paying attention to these habits can be the difference between mere nondiscrimination and actually giving disabled people both the physical and emotional space to excel and bring maximum value to the organizations they work for.

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How To Make Workplaces More Welcoming For Employees With Disabilities

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October was National Disability Employment Awareness Month. It's a time each year when disability organizations, elected officials, business experts, and journalists discuss the status of disabled people in the job market and workplace. We generally start by taking stock of the size and shape of the disability employment gap. It's big.

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makes it difficult for them to carry normal daily activities which will usually include their normal day to day activities at work

has more than a minor or trivial adverse effect

lasts, or is likely to last, over a period of 12 months or more.

The legal definition of a workplace disability is:

"a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on [their] ability to do normal daily activities."

But what counts as 'normal daily activities' in the workplace?

In addition to looking at how your employee's day to day activities at home might be affected, you should also have a look at how their condition is impacting on their ability to carry out their normal daily work activities.

Examples include:

remembering information

following instructions

concentrating

interacting with colleagues

movement-based activity

using a phone or computer

Be aware that a mental disability could cause a physical impairment. For example, difficulty in going outdoors could be due to a learning disability.

A physical disability could also cause a mental impairment. The pain (physical disability) of recurrent, severe migraines, for instance, could contribute to a difficulty to concentrate (mental impairment) that prevents a worker from completing work to deadlines.

Highly specialised activities tend not to be regarded as normal day-to-day activities for most people, for example, delicate watch repair with specialised tools.

This can be a grey area, though. For example, we might not consider lifting heavy loads of 25kg to be a normal daily activity. But in the Employment Appeal Tribunal Banaszczyk v Booker Ltd, the judge concluded that lifting loads of that weight is a normal activity for many UK workers.

This would mean that dismissing a worker for incapacity, because a long-term back condition means they can no longer lift heavy weights, without first exploring reasonable adjustments and alternatives to dismissal, could be viewed as discrimination.

As such, it's highly recommended to always seek help from a qualified HR professional when dealing with potential cases of disability, to ensure you're approaching the situation appropriately.

So, what conditions might be classified as a disability?

Depending on the extent to which they affect an employee's capacity to carry out normal activity, any of the following illnesses and conditions might class as a disability:

problems with sight or hearing

conditions which affect certain organs such as heart disease, asthma, and strokes

learning disabilities

learning difficulties such as dyslexia and dyspraxia

autistic spectrum disorders

mental health conditions - for example, depression, schizophrenia, bipolar affective disorders, eating disorders, obsessive compulsive disorder

impairments due to injury to the body or brain

conditions where the effects vary over time or come in episodes such as osteoarthritis, rheumatoid arthritis, fibromyalgia and ME

progressive conditions such as motor neurone disease, muscular dystrophy and forms of dementia.

However, each case will need to be looked at individually and some employees may have several conditions that could potentially be disabilities.

Disability and treatment or correction measures

If someone is receiving treatment, or measures are in place to help correct the impairment, the impact of the disability, without the treatment or measures in place, is what should be considered when assessing the disability.

For example, if a person needs a hearing aid and can then hear without much difficulty you would assess the impact their hearing had on their ability to carry out day to day activity by looking at how they were affected if they did not use their hearing aid.

What conditions automatically count as a disability?

Regardless of the extent to which the condition impacts on their capacity to carry out their work, employees are automatically protected against discrimination from the day they are diagnosed with:

What conditions never count as a disability?

The following conditions are specifically excluded from being considered impairments under the Equality Act:

alcoholism or substance addiction or dependency

hay fever

behaviours including such as a tendency to set fires, steal or a tendency towards violence or sexual abuse of others, exhibitionism, voyeurism.

Managing an employee with a disability

If you discover that an employee has a disability that is having an impact on them at work you must discuss with them whether there are any reasonable adjustments that you can put in place to assist them in carrying out their job and if necessary seek medical advice on what you can do to assist.

What counts as a reasonable adjustment?

Reasonable adjustments are changes that your business can make to ensure the employee is able to do their job effectively, without causing damage or interruption to your business.

There are many ways that you can make a reasonable adjustment for an employee, depending on the type or severity of their disability, including:

Making access to your building easier for someone who has trouble walking, e.g. a ramp for wheelchair users.

Changing the equipment they use, e.g. providing a special keyboard for someone with arthritis.

Offering flexible hours to those that are stressed or get tired easily due to a physical or mental disability.

Letting the employee work from home, e.g. if they suffer from anxiety or find it difficult getting to the office because of their disability.

Visually showing an employee how to perform a task.

The size of your business will be taken into account when determining how reasonable an adjustment is. Larger businesses would be expected to be able to do much more for disabled staff, including things that a small business couldn't realistically afford to do while trying to run a viable business.

Even if you don't make reasonable adjustments, you need to be ready with evidence to prove that you've taken them into consideration. This can help you to demonstrate your business' justification for not making adjustments.

Disability discrimination in the workplace

Disability discrimination at work can be both direct and indirect.

Direct disability discrimination is when an employee is treated less favourably to others on account of their disability, a perceived disability or their association with someone who is disabled.

Indirect discrimination occurs when a disabled employee is disadvantaged by a workplace practice, such as redundancy or recruitment.

Employers are responsible for ensuring that their employees do not fall victim to either type of disability discrimination in the workplace.

When to watch for workplace disability discrimination

It's important to be especially careful that an employee, or potential employee, is not discriminated against on disability grounds in any of the following scenarios:

determining pay or promotion, e.g. paying a disabled employee less than equivalent colleagues, or overlooking them for promotion

terms and conditions, e.g. having policies that disadvantage anyone with a disability

sickness absence, e.g. dismissing them for absences due to their disability

training and development

dismissal, e.g. dismissal because their disability is impacting their ability to do their job without considering reasonable adjustments.

redundancy, e.g. putting a disabled employee through a competitive selection process without taking account of the impact their disability may have on the criteria and making adjustments.

Do stress, depression and anxiety count as disabilities?

In some circumstances, stress, depression or anxiety may be deemed a disability.

To be considered a disability, the condition would need to be having a substantial and long-term negative effect on the employee's ability to carry out their job. This means that each case needs to be assessed individually.

A person who suffers from a short reactive period of depression following a bereavement is unlikely to fit the requirement of having a condition that has lasted, or is likely to last, 12 months or more.

However, in the employment context, it's important not to assume that a mental health condition would not be classed as a disability. This is because there's a possibility that an employee may have had a condition for years without it previously having any impact on their employment. You should always investigate with the employee and seek medical advice if necessary.

Is obesity considered a disability under employment law?

Several recent court cases would indicate that obesity itself is not considered a disability.

However, an impairment resulting from obesity that causes long-term incapacity in the workplace might be considered a disability by an employment tribunal.

What if I'm not sure if my employee is disabled?

Sometimes it's not immediately obvious or outwardly visible that someone is disabled.

That's why when an employee's performance drops, it's best to have a meeting to discuss the issue and see if they have had any problems. This is when they will likely tell you if they have a mental or physical issue which is affecting their work.

Be cautious not to jump to conclusions about the reasons for an employee's poor performance without investigating properly first.

How should I manage long-term absence if I suspect it's related to a disability?

The most important thing here is communication.

Ideally, you'll have kept an appropriate level of contact with the employee leading up to the 4 week mark where an absence is classed as long-term. These conversations should help you to establish whether the absence is related to a disability.

Should an employee be off for 4 or more weeks, with little chance of imminent return despite offers to make reasonable adjustments, it may be appropriate to begin your formal absence procedure. This will usually involve seeking medical advice. You should proceed with caution here, though, and seek advice from a qualified HR professional to be sure you're not discriminating.

Get HR Support

If you're still unsure about what constitutes a disability in the workplace, or just need some advice, our HR consultants can help.

Talking through your situation with a qualified HR professional will help you to make sure you take the correct action.
Get in touch on info@citrushr.com or give us a call on 0333 014 3888 to find out more about how we can help your business with friendly, expert HR support. READ MORE

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makes it difficult for them to carry normal daily activities which will usually include their normal day to day activities at work has more than a minor or trivial adverse effect lasts, or is likely to last, over a period of 12 months or more.

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