UNIVERSITY OF PRETORIA: POLICY FOR STAFF WITH DISABILITIES

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1 UNIVERSITY OF PRETORIA: POLICY FOR STAFF WITH DISABILITIES 1. PREAMBLE As a responsible employer the University recognises the need for a policy on staff with disabilities to ensure appropriate focus, engagement and inclusion of all sections of our staff. The University acknowledges the responsibility to accept people with disabilities and to integrate them in the workplace as productive and viable human resources. Furthermore, the University is committed to ensure that people with disabilities view it as an employer of good practice in relation to disability equality. Various government policy documents and legislation make it clear that discrimination on the basis of disability violates the right to equality. 2. PURPOSE The disability policy sets out the University s responsibilities and commitments towards providing equal opportunities and equitable access for employees with disabilities. In line with the Employment Equity Act 95 of 1998 as amended (EE Act), the University will continue to work towards providing a more inclusive work environment. 3. LEGISLATIVE CONTEXT The purpose of the EE Act is to achieve equity in the workplace by: promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and implementing affirmative action measures to redress the historical disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workplace. The purpose of Affirmative Action Measures is stated in section 15(1) of the EE Act: Affirmative action measures are measures designed to ensure that suitably qualified people from designated groups have equal employment opportunities and are equitably

2 represented in all occupational categories and levels in the workplace of a designated employer 1. The EE Act further states that affirmative action measures implemented by a designated employer must include 2 : (a) measures to identify and eliminate employment barriers, including unfair discrimination, which adversely affect people from designated groups; (b) measures designed to further diversity in the workplace based on equal dignity and respect for all people; (c) reasonable accommodation for people from designated groups in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce of a designated employer. 4. DEFINITIONS OF PERSONS WITH DISABILITIES UNDER THE EE ACT The definition of disability is very broad. The University notes the following definition according to the EE Act 3 and the Code of Good Practice on Key Aspects of Disability in the Workplace: People are considered as persons with disabilities who satisfy all the criteria in the definition : 4 (i) where the impairment is physical (including sensory such as hearing or sight impairments) and/or mental (a clinically recognised condition or illness that affects a person s thought processes, judgement or emotions) (ii) which is long term or recurring: the impairment has lasted or is likely to persist for at least twelve months including progressive conditions at such time as the condition becomes substantially limiting; and (iii) the impairment is substantially limiting and cannot be addressed through medical treatment or other means to limit the adverse effects and where in the absence of reasonable accommodation, the person would either be totally unable to do a job or would be significantly limited in doing the job. Conditions which are not regarded as impairments include normal deviations in height, weight and strength and self-inflicted for example, through the use of substances, those that go against public policy and norms e.g. compulsive gambling, sexual disorders. 1 EE Act S5(1) 2 EE Act S15(2) 3 EE Act S1 4 Code of Good Practice on the employment of people with disabilities

3 5. DISCLOSURE AND CONFIDENTIALITY Consistent with the regulations of the EE Act, the Human Resources Department will keep records of all staff with impairments. These records will be confidential and will be used for no purpose other than reporting to the Department of Labour. 5.1 Disclosure The University acknowledges that it is an employee s right to disclose a disability at any time, even if there is no immediate need for reasonable accommodation; Employees will be made aware that it is their right to choose to disclose; If the University has reasonable grounds for doubting whether the employee/job applicant meets all the criteria in the definition, it requests the employee/job applicant s written consent to be tested by a competent person registered with the Health Professions Council of South Africa, at the University s expense to determine the employee/job applicant s ability or disability The University may not reveal an employee s disability, unless the individual has given written permission or this disclosure is required for the health or safety of the person with the disability or other persons. 5.2 Confidentiality People with disabilities are entitled to have their disability status kept confidential unless such persons give written consent that it may be disclosed. Should the University not be aware of the disability or the employee s need to be accommodated, the University is not obliged to provide reasonable accommodation. The University will, however, endeavour to maintain its responsibility not to discriminate unfairly, directly or indirectly against job applicants or employees; The EE Division will keep records of all staff members with impairments who have disclosed their disability. These records will be confidential and used only for reporting purposes the Department of Labour. The University may only communicate this information to another person with the consent of the member of staff concerned The University undertakes to only gather private information (such as disability status) from employee s or job applicants if it is necessary to achieve a legitimate purpose and with the written consent of the person.

4 6. EMPLOYMENT OF PEOPLE WITH DISABILITIES The University seeks: to actively facilitate the employment of people with a disability in all suitable areas of university employment; to encourage people with a disability to apply for positions for which they are qualified; to ensure that people with a disability are treated equitably during all stages of employment, including recruitment, selection, promotion, training, benefits, termination of employment; to ensure that the needs of people with a disability, such as effective interaction, management and supervision, are recognised in the performance management process; to ensure that people with a disability can contribute to and participate in the University work environment; not to employ people with impairments on less favourable terms and conditions because of their impairment. People with disabilities will be subject to the same conditions of employment, disciplinary codes and contractual obligations as other employees subject to reasonable accommodation; to ensure as far as possible that the physical environment, communication and other systems and resources are accessible to staff with a disability. 7. ACCESS TO REASONABLE ACCOMMODATION/ADJUSTMENTS Reasonable accommodation is any action on the part of the employer to reduce the impact of the impairment in such processes as recruitment and selection, performance assessments, training and development and employee benefits as well as within the work environment and in terms of the job. Such action must be reasonable and not impose an unjustifiable hardship on the University. The objectives of reasonable accommodation are to ensure that no staff member is unjustifiably excluded from any University activity or facility due to his/her disability. Requests for reasonable accommodation can be made by following the procedure as set out in the Guidelines for the provision of reasonable accommodation for staff with disabilities.

5 8. GRIEVANCES Any grievance arising from discrimination on the grounds of disability should be resolved by making use of the University s comprehensive grievance procedures for staff. 6 March 2012 (IF2/2012)