Topic: Disability Information Document Compiled by: Siyakha Consulting

Transcription

1 Topic: Disability Information Document Compiled by: Siyakha Consulting Introduction According to the Technical Assistance Guidelines (TAG) on the employment of people with disabilities, people with disabilities are not defined by their conditions or diseases, and as such should not be discriminated against for any reason. They may have a physical, sensory, intellectual or mental disability where reasonable accommodation is required and employers should strive to create a safe and trusting environment that enables these individuals to work to their full capacity and potential. A person may have had a disability from birth, or acquired a disability during their childhood, teenage years or later in life. Their disability may have little impact on their ability to work and take part in society, or it may have major impact, requiring considerable understanding, support and assistance. Purpose The purpose of this document is to assist clients in understanding the meaning of disability and the common types of disabilities that exist, as well as the reasonable accommodation that may be required. Background Current legislation requires organisations to employ, out of the total composition of their workforce, a total of 3% of persons with disabilities. Current statistics indicate that one in ten South Africans have a disability and 1% of all employed South Africans are people with disabilities. However, this is a skewed representation as many people may have a disability but have not yet disclosed this. Furthermore, the Employment Equity Act, Broad-based Black Economic Empowerment Act and the Promotion of Equality and Prevention of Unfair Discrimination Act require organizations to maintain standards with regard to promoting the development of previously disadvantaged persons. Employers are encouraged and required to implement non-discrimination and affirmative action measures in respect of people with disabilities in the work place as well as for the potential and existing employees with disabilities.

2 According to the Constitution Act No. 108 of 1996 the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. The Employment Equity Act seeks to eliminate all forms of discrimination as it protects people who have been historically discriminated against in the workplace from unfair discrimination which would include people with disabilities. Definition of Disability In terms of section 1 of the Employment Equity Act (55 of 1998) defines people with disabilities as follows: They are people who have a 1) long-term or recurring 2) physical or mental impairment which, 3) substantially limits their prospects of entry into or advancement in employment. In order for a person to be classified as having a disability all the three basic criterions must be met. According to the Code of Good Practice (paragraph 5) the following are definitions of the physical and mental impairments that exist: Physical impairment - means a partial or total loss of a bodily function or part of the body and includes sensory impairments such as being deaf, hearing impaired, blind or visually impaired. Mental impairment means a critically recognised condition or illness that affects a person s thought processes, judgment or emotions and includes conditions such as intellectual, emotional or learning disabilities. A long term or recurring disability - means that the impairment has persisted or is likely to persist at least 12 months and it is likely to recur again to be substantially limiting. This means that the condition can go away for a period of time and return again but it is never cured. This includes chronic medical conditions even if the effects on the person can fluctuate, for example; Multiple sclerosis.

3 Progressive conditions - means those that are likely to develop or change or recur and people living with progressive conditions are considered as people with disabilities once the impairment starts to be substantially limiting. Progressive or recurring conditions which have no overt symptoms or which do not substantially limit a person with no disabilities include people with conditions or diseases such as cancer, tuberculosis or HIV. These people are not be covered under the Employment Equity Act until the symptoms are substantially limiting the person s ability to perform their job. Another important factor to take note of is that an impairment is substantially limiting in its nature, duration or effects substantially limit a person s ability to perform essential functions of the job for which she/he is being considered or fulfilling. The act does not cover a person whose effects of the impairment are not substantially limiting, even if they are physical and or mental, long term or recurring. Distinction between a Disability and Handicap A disability is a condition caused by an accident, trauma, genetics or a disease which may limit a person s mobility, hearing, vision, speech, intellectual or emotional functioning. A handicap is a physical or attitudinal constraint / barrier that is imposed upon a person, regardless of whether that person has a disability. Examples: For people using wheelchairs stairs, narrow passages and curbs are handicaps imposed on them. People who are deaf using sign language as a method of effective communication will not be provided a trained sign language interpreter and this will be a handicap for them as it will form a barrier for them to communicate to other people without a hearing impairment.

4 Types of Disabilities: Neurological/Medical Physical Mental conditions that can lead to disabilities Paraplegic or in a Schizophrenia Diabetes wheelchair Bipolar Mood Disorder HIV/AIDS Quadriplegic or in a (BMD) Epilepsy wheelchair Personality Disorder Hypertension Upper limb amputations Mental retardation Traumatic Brain Injury Lower limbs amputations Parkinson s Disease Partial sight impairment Multiple Sclerosis Total blindness Cancer Partial hearing impairment Tuberculosis or hard of hearing Reasonable Accommodation: The types of disabilities mentioned above require different reasonable accommodation interventions: Mobility / Physical: Wheelchair bound Example: Accessible working environment with door widths that are wide enough, accessible toilets, ramps and so on. Upper limb injuries (including amputations and deformities) Example: If the person is required to type at high speed a mouth stick or voice input/output device can be provided. Lower limb injuries (including amputations, someone on crutches and calipers). Example: someone on calipers will need a chair which does not revolve and cannot to be expected to use stairs frequently.

5 Medical/Neurological conditions Example: an employee with epilepsy can be reasonably accommodated by colleagues being sensitised about the candidate s disability and trained on how to assist him/her during a seizure. Visual Example: an employee who has a visual impairment may need a magnifier to read. Hearing Example: an employee who has a hearing impairment will need sound amplification technology. A deaf employee will need communication technology like , sms, fax and written messages. Flashing doorbells, flashing or vibrating alarm systems e.g. Shake awake alarms can also help in the workplace. Mental: Example: an employee with schizophrenia being allowed to attend the doctor s appointments for review and collection of medication. Other: Example: a candidate with dwarfism who does filling will need the filing cabinets to be placed at an easily accessible level. Conclusion The medical/ neurological conditions mentioned above are conditions which if not well managed can lead to complications that are disabling. If an employee has been ill or injured and it appears that the employee is not able to perform the job, the employer may require the employee to agree to a functional determination of the disability. These medical tests will be used to determine if the employee can safely perform the job or to identify reasonable accommodation required for the employee. It must also be noted that it is the employer s responsibility to pay the costs of the medical tests undertaken. If on reasonable grounds the employer does not believe that the employee is disabled or that the employee requires accommodation, the employer is entitled to request the employee to be tested to determine the employee s ability or disability at the expense of the employer.