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Ashley Naidoo

WHY IS IT IMPORTANT TO ACCOMMODATE PEOPLE WITH


DISABILITIES?
Disability is part of the human condition. Almost everyone will be temporarily or
permanently impaired at some point in life, and those who survive to old age will
experience increasing difficulties in functioning. Most extended families have a
disabled member, and many non-disabled people take responsibility for
supporting and caring for their relatives and friends with disabilities. Historically,
people with disabilities have largely been provided for through solutions that
segregate them, such as residential institutions and special schools. Policy has
now shifted towards community and educational inclusion, and medically focused
solutions have given way to more interactive approaches recognizing.

The Employment Equity Act was developed to address the profound challenge of
employment equity in South Africa as a result of the discriminatory policies of the
past. It acknowledges that in order to promote an equitable workplace for the
identified disadvantaged groups, a rigorous policy of redress is necessary. The
Employment Equity Act seeks to facilitate a workforce that demographically
represents the country’s diversity by, amongst other things, identifying people
with disabilities as a group that had been categorically disadvantaged.

The purpose of reasonable accommodation is to reduce the impact of the


impairment on the person’s capacity to fill the essential functions of the
job. Accommodations, which are modifications or alterations to the way a job is
usually performed, should make it possible for a suitably qualified person with a
disability to perform as everyone else.
There are many ways to accommodate people with disability such as:
 Workstation modification
 Adjustment to work schedules
 Assistance in making the workplace more accessible to the person’s
limitations and needs, for example removal of physical barriers and access
to information and technology.
 Adjustment to the nature and duration of the duties of the employee at
work; and
 The reallocation of non-essential tasks and any other modifications to the
manner in which the work is usually performed or has been performed in
the past.

Research of People with Disabilities

Research by the International Labour Organization (ILO), among other


organisations, has consistently revealed that businesses that employ people with
disabilities have experienced many benefits. Employers have consistently
identified workers with disabilities as some of the most productive and reliable;
employees with disabilities often have longer retention rates and better
attendance. Several international studies have also demonstrated that businesses
that employ people with disabilities have improved moral among all employees.
In addition, organisations with expertise in managing disability in the workplace
report they are better able to minimize costs associated with unnecessary early
medical retirement, work-related injuries and absenteeism due to stress and
illness
People with disabilities experience significant disadvantages such as:
 Children with disabilities are less likely to attend school, thus experiencing
limited opportunities for human capital formation and facing reduced
employment opportunities and decreased productivity in adulthood.

 People with disabilities are more likely to be unemployed and generally earn
less even when employed. Both employment and income outcomes appear to
worsen with the severity of the disability. It is harder for people with
disabilities to benefit from development and escape from poverty due to
discrimination in employment, limited access to transport, and lack of access
to resources to promote self-employment and livelihood activities.

 People with disabilities may have extra costs resulting from disability – such as
costs associated with medical care or assistive devices, or the need for
personal support and assistance – and thus often require more resources to
achieve the same outcomes as non-disabled people. Because of higher costs,
people with disabilities and their households are likely to be poorer than non-
disabled people with similar incomes.

 Households with a disabled member are more likely to experience material


hardship – including food insecurity, poor housing, lack of access to safe water
and sanitation, and inadequate access to health care.

 Disability may increase the risk of poverty. A growing body of empirical


evidence from across the world indicates that people with disabilities and their
families are more likely to experience economic and social disadvantage than
those without disability. The onset of disability may lead to the worsening of
social and economic well-being and poverty through a multitude of channels
including the adverse impact on education, employment, earnings, and
increased expenditures related to disability.
Throughout history disability has encountered intense stigma and people with
disabilities have often been subjected to isolation, segregation and sometimes
abuse. The increasing advancement of medical science and technology
throughout the twentieth century legitimised a medicalised description of what
was ‘normal’ versus ‘abnormal’, placing disability within the context of a medical
problem. People with disabilities were then considered objects of pity and charity.
The orthodox belief that people with disabilities are unfit or unable to participate
in typical activities of civil life became ingrained within most societies. Today,
however, disability is understood differently. Disability is now understood as the
result of an un-accommodating environment rather than the result of an
individual’s limitations or diagnosis. Disability is therefore framed within the
context of an environment designed to exclude those with variations of mobility,
cognition, and/or sensory use. The focus then changes to the social processes,
institutions and behavioral expectations that limit the participation of people with
disabilities. The implications of this transformation in thinking about disability are
significant, obliging individuals and institutions (businesses included) to examine
factors external to persons with disabilities that impose barriers to their
participation. It has become the responsibility of governments and businesses to
identify processes, social relations, physical structures and attitudes that limit the
full participation of people with disabilities in economic, social and political life.
Thus, solutions to full access and liberation revolve around the identification and
elimination (or at least mitigation) of barriers. This theoretical explanation is
necessary because it is the foundation from which existing policy was developed
and forms the framework for the intentions behind policies that support the
integration of people with disabilities.
We often tend to forget that a person with a disability is first and foremost a
human being with desires, talents, skills, heartache and loss, just like everyone
else. At the basis of every person are the similarities we all share for being
human, and that includes people with disabilities.

All these factors mentioned above affect people with disabilities and also the
people that stay with them significantly therefor it is important to accommodate
people with disability to ensures equality for disadvantaged people, also to allow
people to be evaluated in fair manner and also enhances respect for the
individual and protects workers from discriminatory attitude.

References

1. Brault, Matthew W., “Americans With Disabilities: 2010,” Current Population


Reports, P70-131, U.S. Census Bureau, Washington, DC, 2012. Available
at http://www.nasuad.org/sites/nasuad/files/hcbs/files/218/10869/Americans
_with_disabilities_2010.pdf; access January 7, 2015. Based on Survey of
Income and Program Participation, U.S. Census Bureau, 2010.
2. 2.Carroll D, Courtney-Long E, Stevens A, Sloan M, Lullo C, Visser S, Fox M,
Armour B, Campbell V, Brown D, and Dorn, J. Disability and Physical Activity –
United States, 2009-2012. Morbidity and Mortality Weekly Report. 2014.
3. Courtney-Long E, Stevens A, Caraballo R, Ramon I, Armour BS. Disparities in
Current Cigarette Smoking Prevalence by Type of Disability. Public Health
Reports. 2014 May/June; 129(3):252-
Raw Data
Employment Equity Act
The Employment Equity Act requires all designated employers, loosely defined as any entity that
employs more than fifty people, to be responsible for ensuring their workforce is diverse at all levels of
the organisation. The Act compels employers to conduct an analysis of their workforce demographics
and develop an equity plan that identifies strategies to reach employment equity goals. Employers are
expected to identify and minimise barriers to employment and provide reasonable accommodation. It
also requires employers to retain employees from the designated groups and provide skills training as
necessary and appropriate.

According to the Employment Equity Act, reasonable accommodation means “any modification or
adjustment to a job or to the working environment that will enable a person from a designated group to
have access to or participate or advance in employment”. In South Africa, reasonable accommodation
applies to all persons, regardless of disability, as an integral component of the general principle of non-
discrimination.Thus, reasonable accommodation must be provided to ensure equal opportunities on
account of not only disability, but other grounds for discrimination such as age and sex.

The provision of reasonable accommodation in South Africa is specifically defined as a measure of


“affirmative action”. Section 15(2) of the Employment Equity Act specifies that affirmative action
measures implemented by a designated employer must include the following actions:

• identify and eliminate employment barriers, including unfair discrimination;

• define measures to advance diversity, dignity and respect;

• provide reasonable accommodation;

• ensure and demonstrate equitable representation of designated groups in all occupational categories
and levels; and

• retain and advance individuals, including providing training. Thus the Employment Equity Act has a
profound impact on how employers are expected to implement employment equity activities, including
reasonable accommodation.
The background to the duty to provide for a reasonable accommodation
Reasonable accommodation builds on the understanding that only applying a
formal approach to non-discrimination will do little to help many people with
disabilities. Reasonable accommodation recognizes the relevance of
“impairment” - if one ignores the impact of an impairment, and treats a person
with a disability in exactly the same way as one treats a person without a
disability, a de facto situation of inequality will arise. The notion of reasonable
accommodation was developed to address this situation.
Requires an employer to take account of the characteristics related to disability,
and to accommodate them by, e.g. changing the job or the physical environment
of the workplace. „Instead of requiring disabled people to conform to existing
norms, the aim is to develop a concept of equality which requires adaptation and
change.‟ (Sandra Fredman) This obligation to accommodate is not unlimited –
and is subject to the requirement that the accommodation does not result in a
disproportionate burden.
What is an accommodation? “Appropriate measures should be provided, i.e.
effective and practical measures to adapt the workplace to the disability, for
example adapting premises and equipment, patterns of working time, the
distribution of tasks or the provision of training or integration resources.
Accommodation requirement applies to all aspects of employment and
employment related benefits. Accommodation does not need to be the best or
ideal solution – but must be “effective and practical”. Good practice for employer
to engage in dialogue with disabled person to identify appropriate
accommodation. Failure to do this may result in breach of obligation.
Job restructuring as a form of reasonable accommodation may involve
reallocating or redistributing the marginal functions of a job. Job restructuring
frequently is accomplished by exchanging marginal functions of a job that cannot
be performed by a person with a disability for marginal job functions performed
by one or more other employees. An employee must be able to perform the
essential functions of the job, but where it is possible to remove certain non-
essential tasks from an employee’s work requirements, this should be done.
Example: An agency has two data processing clerks. Typing on the computer is an
essential function, using the phone is a marginal one. If a qualified data
processing clerk had a speech impairment, it would be reasonable to assign the
function of using the phone to the employee without a speech impairment in
exchange for doing that employee’s filing.

The agency is not required to reallocate essential job functions.

It may be a reasonable accommodation to change when or how the essential


functions are done. These include:

 Reassign work at the existing site among coworkers.


 Example: If a secretary had a vision impairment that prevented the secretary from
typing in small spaces on forms, whenever such forms needed to be prepared,
they might be assigned to another secretary without a vision impairment. In
exchange, the secretary with a disability could assume one of the colleague’s
duties, such as filing.
 Eliminate non-essential tasks.
 Example: If a part of the job is not necessary, it could be eliminated entirely. A
mail clerk, rather than travelling to the post office in the early morning, might be
allowed to wait for regular mail delivery.
 Reassign visits to accessible sites.
Example: A repairperson who uses a wheelchair could service the accessible
sites, while the other sites could be assigned to someone who does not have
a mobility impairment.

 Allow work in other than the traditional office setting.


Example: A surveyor can make calls on a designated line from home instead
of having to come regularly to an inaccessible office to make those calls.

Modified Work Schedules and Flexible Leave Policies

Changing a regular work schedule or establishing a flexible leave policy may be a


reasonable accommodation unless it would cause an undue hardship. Modified
work schedules may include flexibility in work hours or the work week, or part-
time work.

People whose disabilities may need modified work schedules include individuals:
 Who require special medical treatment for their disability (such as people with
cancer, HIV/AIDS, or mental illness);
 Who need rest periods (including some people who have multiple sclerosis,
cancer, diabetes, respiratory conditions, or mental illness); and
 Whose disabilities (such as diabetes) are affected by eating or sleeping schedules,
Flexible leave policies should be considered as a reasonable accommodation
when people with disabilities require time off from work because of their
disabilities. The agency is generally not required to provide additional paid leave
as an accommodation, but should consider allowing use of accrued leave or leave
without pay, where this will not cause an undue hardship.

People with disabilities may require flexible leave because of:

 Medical treatment related to the disability;


 Repair of a prosthesis or equipment;
 Temporary adverse conditions in the work environment (an air-conditioning
breakdown causing temperature above 85 degrees could seriously harm the
condition of a person with multiple sclerosis); or
 Training in the use of an assistive device or a guide dog. (If an assistive device is
used at work and provided as a reasonable accommodation, and if other
employees receive training during work hours, then the disabled employee should
receive training on this device during work hours, without the need to take leave.)
Some qualified people with disabilities are unable to work a standard 9 am to 5
pm workday, or a standard Monday to Friday work week. Depending on the
nature of the work assignment and operational requirements, changes to work
schedules and hours may be a reasonable accommodation as long as it does not
result in an undue hardship.

Example: An employee who needs kidney dialysis treatment is unable to


work on two days because treatment is only available during work hours on
weekdays. Depending on the nature of the work and nature of the work
operation, it may be possible to perform work assignments at home on the
weekend or to work three days a week as a part-time employee.

reasonable accommodation to provide an employee with a motorized wheelchair


at work.

Training
Reasonable accommodation should be provided, when needed, to give
employees with disabilities equal opportunity to benefit from training to perform
their jobs effectively and to advance in employment. Needed accommodations
may include providing:

 Accessible training sites;


 Training materials in alternate formats (e.g., large print, Braille, audiotape, or
electronic format) to accommodate a disability; and
 Sign language interpreters or captioning.
Modification of Policies

Policy modifications may include:

 Change of a workplace policy that prohibits something an employee with a


disability needs to do their job (e.g., allowing a person with a disability to be
accompanied by a service animal, allowing food at the workstation of a person
with diabetes, allowing personal items at the desk of a person with a psychiatric
disability);
 Development of an emergency evacuation procedure to provide effective egress
for employees with difficulty in mobility in case of emergency; or
 Provision of accessible parking for an employee with a qualified parking permit
designated for persons with disabilities.
Modification of Physical Site (building and facility)

Communication access providers (e.g., sign language interpreter or real time


captioner) as needed may be a reasonable accommodation for a person who is
deaf, if this does not impose an undue hardship.

Example: A deaf person applies for a job as a Clerk-Typist. It may be


necessary to obtain a qualified interpreter for a job interview, because the
applicant and interviewer must communicate fully and effectively to
evaluate whether the applicant is qualified to do the job. Once hired,
however, if the employee is doing clerical work, computer applications, or
other job tasks that do not require much verbal communication, an
interpreter may only be needed occasionally. Interpretation may be
necessary for training situations, staff meetings or employee parties, so that
this person can fully participate in these functions. Communication on the
job may be handled through different means, depending on the situation,
such as written notes, “signing” by other employees who have received basic
sign language training, or by typing on a computer.

Providing an assistant as needed may be a reasonable accommodation for a


person with a disability, if this does not impose an undue hardship. Examples
include:

 An assistant may be needed to retrieve items on shelves, file, or selectively assist


a person with quadriplegia with other clerical duties.
 An assistant may be needed to guide a blind person who must travel as part of
the job
Reassignment to a Vacant Position and Light Duty

If an employee develops his/her disability after being on the job, and can no
longer perform the essential functions of his/her job, the employer may need to
reassign the employee to a vacant position within the agency or within District
government, if doing so does not constitute an undue hardship. The new position
should be one that the employee is qualified to perform and that pays a
comparable salary. Reassignment does not require the employee to compete for
the new position.

Reassignment does not require the employer to violate a seniority system or


collective bargaining agreement under which someone else is entitled to the
vacant position. Reassignment should be considered ONLY if there are no
reasonable accommodations available that would allow the employee to perform
the essential functions of his/her current job.

Reassigning an employee with a disability to a light duty job might be required as


a reasonable accommodation, depending on how an employer's light duty
program is designed. If an employer reserves certain jobs for light duty, rather
than creating light duty jobs as needed, the employer must reassign the employee
to a vacant, reserved light duty position as a reasonable accommodation if (1) the
employee cannot perform his/her current position because of his/her disability,
with or without a reasonable accommodation; (2) the employee can perform the
light duty job, with or without a reasonable accommodation; and (3) the
reassignment would not impose an undue hardship. This is because reassignment
to a vacant position and appropriate changes to an employer's policy are forms of
reasonable accommodation required by the ADA, absent undue hardship. There
is, however, no requirement to create a light duty position or any other position
under the ADA.

Other Accommodations

There are many other accommodations that may be effective for people with
different disabilities in different jobs. Some other accommodations that may be
appropriate include:

 An employee makes sporadic site visits to a home for inspection. Mileage is paid
as part of the job. Instead, an employee who doesn’t drive may be allowed to use
paratransit or taxicabs instead of a personal car.
 A person with an intellectual disability is hired for a maintenance position. An
employer may offer the use of a job coach for individualized on-the-job training
services.
 A person with a learning disability may require assignments and instructions to be
communicated by e-mail, rather than verbally.

 Founded in 1967, Epilepsy South Africa is the only national non-profit


organisation in the country focusing exclusively on rendering specialised and
comprehensive services to people living with epilepsy and other disabilities.
Epilepsy South Africa is committed to rendering quality, needs-directed services,
ensuring maximum organizational effectiveness and impact as well as
accomplishing long-term sustainability. We achieve our objectives through a
variety of education, awareness, social development and economic
empowerment programmers. Even in today’s progressive society, a person with
epilepsy is not guaranteed equality. Epilepsy South Africa is a vigorous advocate
for those living with epilepsy. We work to protect their rights, promote
empowerment, self-determination and, when unable to do so themselves,
represent their interests. We seek to ensure that people with epilepsy have equal
access to opportunities that enable them to live rich, productive and fulfilling lives
and achieve their greatest potential in all spheres in life
Disability: There are specific criteria that must be met to qualify as having a
disability. The Code of Good Practice on Key Aspects on the Employment of
People with disabilities states that the definition of disability focuses on the effect
of the disability and not on the specific diagnosis. It further states: People are
considered as persons with disabilities who satisfy all of the following criteria: •
has a physical or mental impairment;
• Which is long term or recurring; and
• Which substantially limits their prospects of entry into, or advancement in
employment. Epilepsy: A chronic neurological condition that impacts the brain,
requiring people with epilepsy to manage its neurobiological, social and
psychological consequences daily. Epilepsy is characterized by seizures which are
the result of an electrochemical disorder in the brain. A person must have
experienced more than one epileptic seizure and be diagnosed by a doctor or
neurologist. Epileptic seizures are most often treated with medication, which
offers varying results depending on the individual and the type of epilepsy one
has. Medication often, although not always, significantly reduces or even
eliminate seizures.
Reasonable Accommodation: Any action, behavior or modification to job tasks or
a working environment done in effort to eliminate a barrier to employment or
increase access, participation or advancement of a person with a disability, or
other categorically disadvantaged group. Unjustifiable hardship: A reasonable
accommodation that requires “significant or considerable difficulty or expense
and that would substantially harm the viability of the enterprise” is considered
unjustifiable hardship. According to Employment Equity Act, an employer is
required to provide reasonable accommodation unless it is an unjustifiable
hardship
Ashley Naidoo

70 Silverglen Drive

Silverglen

Durban

4092

Dear Sir/ Madam,

APPLICATION FOR THE POST ON LAB ASISTANCE

I wish to apply for the position above at your company I am fresh graduate from Durban
University and Technology with a Diploma in Analytical Chemistry. I am very active in co-
curriculum activities. I get involved in my school and my college programs in sports like soccer
and table tennis.

I can ensure that I am very keen to learn and ready to take this job as a challenge. I am also
confident with my educational experience, my training experience and my good interpersonal
skills have prepared me for making an immediate contribution for your organization.
Attached is my resume for your reference. Perhaps the details about me will meet your
requirement.

I believe that with my coursework and past work experience, I can make an immediate and
effective contribution to your company. If you need any more information about me, please
feel free to contact me. I would be available at any time to attend an interview at your
convenience and look forward to hear from you soon. Thank you for your time and
consideration.

Sincerely
Ashley Naidoo
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