Disability Legislation and Making Recruitment Process

Inclusive

Rama Chari

DEOC

www.deoc.in

Disability Legislation – UN Convention on the Rights of Persons with Disabilities (UNCRPD)

Purpose: To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Article 27 deals with “Work & Employment”.

Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;  Ensure that reasonable accommodation is provided to persons with disabilities in the workplace.

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What is Equal Opportunity?

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Reasonable Accommodation

Reasonable accommodation" means ensuring, for

persons with disabilities, “necessary and appropriate

modification and adjustments”, wherever and whenever

needed.

Reasonable accommodation would refer to such steps,

facilities, or measures that are required to establish a

level playing field so that persons with disability can be

treated equally and on par with those who do not have

disabilities.

Types of Accommodations

• Making modifications to the premises to make it accessible

• Assigning the person to a different place of work • Providing accessible transport • Assistive Device and/or technology • Modifying equipments • Altering the person’s working hours • Job Restructuring & reassignment • Modifying instructions or reference manuals • Modifying procedures for testing and assessments • Modification in Training • Providing a reader or an interpreter

UNCRPD (Cont.)Article 9 - Accessibility

- Buildings, roads, transportation and other indoor and outdoor facilities, including

schools, housing, medical facilities and workplaces;

- Information, communications and other services, including electronic services and

emergency services.• To ensure that private entities that offer facilities and services which are

open or provided to the public take into account all aspects of accessibility for

persons with disabilities;• To provide training for stakeholders on accessibility issues • To provide in buildings and other facilities open to the public signage in

Braille and in easy to read and understand forms;• To provide forms of live assistance and intermediaries, including guides,

readers and professional sign language interpreters, to facilitate accessibility

to buildings and other facilities open to the public;• To promote other appropriate forms of assistance and support to persons

with disabilities to ensure their access to information;

UNCRPD (Cont.)

Article 21 - Freedom of expression and opinion, and access to information

a) Providing information in accessible formats

b) Accepting and facilitating the use of sign languages, Braille, augmentative

and alternative communication, and all other accessible means, modes and

formats of communication of their choice by persons with disabilities in

official interactions;

c) Urging private entities that provide services to the general public, including

through the Internet, to provide information and services in accessible and

usable formats for persons with disabilities;

d) Encouraging the mass media, including providers of information through the Internet,

to make their services accessible to persons with disabilities;

e) Recognizing and promoting the use of sign language

Making Recruitment Process Inclusive

Sourcing

MAINSTREAM- Advertisements- Regular Walk-ins- Employee Referrals- Campuses- Vendors- Job fairs- Online job portals

TARGETED- NGOs/Consultants- Special Employment Exchanges- VRCs-Special Recruitment Drives-Job fairs for disabled people

Application

• Ensure Application Form is non discriminatory.

• Communicate your EO Policy

• When you invite people to apply for a job, make it clear that you particularly Welcome applications from people with disabilities and that you are happy to adjust the arrangements for an interview in order to meet any particular needs they may have.

• Make Applications available in Alternate FormatsThe application form should be made available in alternative formats i.e. large

print, Braille or computer diskette.

• Have a system to answer any queries. (Give your mail & telephone numbers)

Selection • Ensure that you provide accommodations to participate in the selection Process (Venue, testing method, provision for scribes, time. Formats, sign language interpreter etc.)

• Ensure your recruiters and interview panel are aware of disability etiquette

• Conduct interviews in a manner that emphasises abilities, achievements and individual qualities.

• Ensure that selection/rejections are not on the grounds of disability.

• Have reasons clearly written for rejection, in case there are any dispute later.

• The terms and conditions, benefits, etc. should also be non discriminatory

• The Medical Tests should be non discriminating.

• Ensure Induction is inclusive.

DEOC

DEOC (www.deoc.in) is an inclusive company

that offers services to corporate, institutions

and NGOs - • Consultancy Service• Accessibility Service• Research & Development• Training Service

Some of our clients: Wipro, MphasiS, TCS, IIMB, CII, NCPEDP

Government of India (National Trust, RCI)

Publication: Values Route to Business Success – The Why and How

of Employing People with Disabilitieswww.deoc.in