The intention of this chapter is to promote an understanding of what is expected of the business world – both private and public – when addressing the issue of employment of persons with disabilities. Its purpose is to give a description of the various forms of disabilities that people can have, as well as to discuss some explanations and concepts relating to the issue. After that an attempt will be made to demystify career and transition paths, and the chapter will conclude with an example of good practice.
1. A few concepts around disability and employment
Employment involves two parties, the employer and the employee. Here we are specifically speaking about employees or potential employees living with disabilities. For the simple reason that there is a huge diversity in the forms of disabilities, we will only present here some essential generalities in this respect.
First, it is important to make a distinction between innate and acquired disabilities. Whereas an innate disability exists before the person is born, an acquired disability is the result either of an accident or a disease. It is important for an employer to know whether a person was able to perform a certain task in the past, which, due to an accident or otherwise, they are no longer able to perform (or perform in the same way). It is also essential to take into account the immense diversity of disabilities. A disability can be physical, intellectual, social, emotional… This (again) highlights the importance of considering each person living with one or several disabilities as an individual above all. It also highlights the importance of focusing on their skills and abilities, rather than on their disability(ies). Adopting this approach as a basic principle leads to a better understanding of what the person can do in a professional context, and to the type of work he or she can perform – something which is always of central concern to potential employers.
Once this point is clear, the question of how a person with a disability should go about finding a job should be addressed. School leavers with a disability should also be taken into account here. We already know that a person with a disability can be highly capable, but it is very important to link these abilities/skills to the corresponding needs on the open labour market. Once employers assess which opportunities are available in their businesses for persons with disabilities, they can go about creating opportunities for collaboration. Please see Chapter 2 on supported employment for guidelines on appropriate proceedures.
The next step is to look at the contract that fixes the frame of employment. A contract is (in general) a written agreement signed between two persons, one doing it on behalf of an organisation. The contract is a material proof of this commitment. It must be read carefully because it contains all the most important information about the job: function of the person hired, tasks to be performed, working conditions, etc. One important clause of the contract is the salary clause. Someone who works in the open labour market is entitled to be paid for it, because all work has a value. All occupations have a value that needs to be assessed. The employment chosen by an individual has a direct link to their employability in general, which becomes stronger with the development of their professional and/or social skills and competences throughout their careers.
As was stressed in Chapter 3, European Union regulation since 2000 has made it clear that equality of opportunities regarding access to jobs is a major focus. In each EU country, national equality bodies have been set up over the last ten years to promote equality and enforce the rights of all citizens.
What is meant here by equality is not ‘equality of chances’ as is the case in some countries, but rather equality of treatment at all stages in the employment-finding process, as well as at all stages of employment in general (evaluation, promotion, salary, etc.). Individuals have the right to consult the equality bodies to assert these rights in cases where they feel that they are being discriminated against in any way (in employment of course, but also in housing, education, etc.).
For persons with disabilities, the situation is closely linked to the legal circumstances of their country. Amongst the EU Member States, the legal situation varies a lot from one country to another. The most common way to legally ensure anti-discrimination practices in the labour market is either to punish bad practice (i.e. to punish employers who do not employ at least x % of persons with disabilities), or to reward good practice (tax incentive schemes for employers who do employ persons with disabilities, etc.). Both systems can also be combined.
‘Reasonable accomodations’, as they are referred to in legal terminology, are important terms for the business world to understand. These accomodations can include making somewhere physically accessible, adjusting technology, making on-the-job adaptations, or ensuring external personal help. Taking such measures often requires receiving approval, as well as suitable guidance and explanation. As with all changes, they also require time. They are however often capable of bringing new and unexpected changes which reinforce productivity and solidarity in the workplace. Indeed reasonable adjustments can often improve circumstances for all, reinforcing work/life balance, providing better ergonomics, and promoting greater open-mindedness in general.
In all cases, the expectations of a company are what counts. These are usually quite simple to predict: they expect that employees will be skilled enough to perform the tasks necessary to carry out their job. A disability is not a skill – but this is exactly why companies should focus more attention on the professional and social skills of the individuals that they hire than on their potential disabilities.
Of course, some people only acquire their disability when they are already in a certain job, as a result of a work or transportation accident, of sickness, or of ageing etc. This may affect the individual’s relationship with their working environment, and even the tasks that they must perform. Often starting a whole new career becomes necessary, and people with a newly-acquired disability must learn to recognize what skills they still have, and adapt them to a new environment.
Persons with disabilities can often have different reactions to the established system for identifying and recognising disabilities. They can choose not to have any dealings with it, because they do not wish their disability to be officialy recognised, or are reluctant to be labelled a ‘disabled person’. This is of course a private decision which has to be respected. However they may also be unaware that such a system exists, because of the lack of information available or because of difficulties in gaining access to it. They can be discouraged by all the administrative steps required to obtain official recognition of their disability(ies), as this process can often be very complex and time-consuming, and they may lack the necessary support. They may even be unaware that their specific disability(ies) can be officially recognised as such. For example, persons with diabetes do not tend to consider this constraint a disability. However the law may, as it can often interfer with their jobs.
In this context, employers have a role to play in terms of employee awareness-raising and the introduction disability-friendly policies .
Though the main focus of this document is the open labour market, it must also be pointed out that basically the same rules apply to sheltered employment, though with some moderations due to differences in setting. In many of these settings, especially the occupational ones, the focus is not an economic one (for reasons of funding, commitment to non-profit goals, or commitment or family pressure at local level).
There are, on the other hand, very competitive structures which do try to emulate the business model, and have clients from the open labour market. These are examples of good practice and of integrating persons with disabilities in society. However they require support, and all organizations from the sheltered environment need to maintain a good balance in the interests of their employees’ professional lives. Experience of the open labour market – either public or private – is a good way to integrate into society. It helps to build confidence and inspire a feeling of positive inclusion in persons with disabilities.
The rules governing access to places in sheltered work environments differ from country to country. In some countries a waiting list system operates, often a very long one. It is important to take this into account, as it can often discourage transfers to the open labour market. Transfers should always leave the possibility of returning to the previous environment open, in case the placement is not a success. However if this means that the person in question must go back to the waiting list, it is clear that some people would be very reluctant to take such a risk. It is in the interest of all not to allow this to happen, especially because persons with disabilities may then feel doubly rejected (by the open labour market, and by the sheltered employment market too).
2. How to demystify career and transition paths?
Private and public companies usually specify certain skills that they require of their prospective employees. Recruitment is the first point in the employment process, and must become more adapted to special needs and to the needs of persons with disabilities. The selection process should recognize that only skills have value, and adapt itself accordingly. Once the individual’s skills have been identified and the decision taken to employ them, the ‘reasonable adjustment’ processes can start.
Once in employment, it is essential to focus on the development of the individual’s career path. This means focusing on sustainable employability, lifelong learning and day-to-day skill development & retention. The correspondence between the employers’ needs and the employees’ skills therefore becomes crucial. In order for the two to be compatible, both sides must get to know each other well, communicate well, and make all issues and problems known to each other.
For some employers, the main argument often comes back to qualifications. We know that amongst persons with disabilities the average level of qualification can be low compared to the skill level necessary for some jobs. However qualification can be obtained on the job, through training and experience. Mobility within a company becomes a lever in career path opportunities, and tends to be well developed in most EU countries. It is an effective way to counter-balance initial training deficiencies and to gain relevant recognition of skills acquired during professional life. This should not only apply to persons with disabilities, and should not have the effect of stigmatizing them. So called ‘talent management’ policies should be open to all, be dependent on seniority, and subject to evaluation by human resources and management.
Over the last decade businesses have developed sustainability policies which address diversity, health & safety, environment or employability and Human Capital Management. One of the main consequences of this has been an increase in actions specifically targeting persons with disabilities. Sometimes this is merely the result of feelings of obligation, or of the fear of being penalised. At others it is viewed as a strategic and beneficial move. Whatever the case, the issue is being addressed in most large enterprises, as well as in growing and medium-sized ones.
There are however less policy changes being implemented in small companies, which cannot invest as much in short term human resource changes and in so-called diversity programmes. These companies are perhaps more capable of doing more at local and individual level of course. But why does the idea of introducing persons in sheltered employment to the open labour market provoke such reluctant and resistant responses? The answer is an extremely complex one.
Firstly, there is the excuse that the ‘best resources’ of the sheltered employment environment – i.e. the workers – will leave, causing productivity to decrease. However such a Fordist mentality should not rightfully enter the equation when it is a question of individuals, and when the right of persons with disabilities to lead their own lives is at stake.
Secondly, there is the issue of the ‘right to return’ to one’s previous work environment: if the switch to the open labour market does not work out, the next best solution is to ensure an immediate return to the individual’s previous work environment. This does not mean that all future attempts to return them to the open labour market should be abandoned, but rather greater attention should be paid to the work environment, and to additional coaching, mentoring and on-the-job assistance.
Intermediaries, both public and private, are key actors in the inclusion process, as their job is to find correspondences between the aspirations of recruiters and the skills of individuals. They can also identify methods by which worker competencies can be increased, and set more realistic expectations for employers when necessary. Impartial counselling can facilitate the inclusion process, and decrease the number of easily avoided problems.
Finally the people, family members, professionals and employers of the individual’s immediate acquaintance have a role to play in influencing the choices made, and encouraging efforts along the way. They can, for example, stress the fact that the individual is taking an active step towards selfempowerment, and is setting an example for his or her peers.
The availability of suitable urban transportation that allows all persons with disabilities access to the workplace should also be mentioned at this point. Employers do not usually consider it their responsibility to think about what takes place outside their premises, because it is usually the city or local authorities, which takes care of this. Nevertheless, efforts have to be made to improve access outside the workplace too, which involves addressing the issue of access to transportation.
It is impossible to generalise with career paths. This is all the more true for persons with disabilities:
each individual case is unique, and each solution needs to be tailor-made. However, it should be possible to adopt a general positive framework. Every person has the right to change, to develop and to make the most of new opportunities. In this respect, real inclusion is effective both in the short and the long term.
3. Conclusion
Being preoccupied with the running of a company and with the demands of a business, an employer’s first priority is usually not that of seeking to involve persons with disabilities in their everyday work. Usually they have never even considered the possibility, unless they have experience with disability, or have a relative with a disability. We cannot therefore expect all employers to change their ways immediately. Through established Corporate Social Responsibility or sustainability policies however, public and private organizations have committed themselves to contributing to society and to fostering positive links with it through various initiatives, depending on their sector of activity. Employing persons with disabilities is a recurrent theme of these policies, even if it is simply the result of legal pressure. Honouring these commitments and approaching them with integrity and determination to produce positive results should be a natural step for employers. Employers must now put words into action when it comes to employing persons with disabilities: positive action is essential.
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