Editor: some of the statements reflect the law in Great Britian and are not identical in Canada or the United States.
PEI is governed by the Human Rights Act and by common law.
Generally employers are called on to accomodate workplace disability; however, there are many reported cases where employers have dismissed people based on disability. Such action by the employer may be a cause for action as a wrongful dismissal or to the Human Rights Commission, both of which can be long and expensive to pursue.
Check your local statutes and consult a lawyer in your specific case.
The Health Care Blog
By DP Consulting, Great Britain
Discrimination is a sin against humanity. Ironically, our society witnesses a myriad of incidents that clearly discriminate individuals. Discrimination on the ground of disability, color, race, sex, marital status is against civil rights.
Discrimination is very apparent in workplaces especially in case of disabled individuals. This is more obvious in cases where an individual is discrimination for physical disability. Disability discrimination at workplace may include demoting or firing an employee without a reasonable clause. The same may also be reflected in an employer’s treatment to a disabled individual in terms of hiring, promotion, job assignment, health covers and certain other amenities.
As per the guidelines of disability discrimination act, an employer does have the right of dismissing a disabled individual provided he is incapable of performing an operation that another human being can accomplish.
However, at the same time it is indispensable that the employer makes an effort to make changes in his working environment so as to make the conditions suitable enough for the disabled individual carry out his normal course of operation. The employer may also seek advice of government agencies that provide disability equality services. Workplace adjustments include
* While interviewing a deaf individual, an employer should make provision for an interpreter to help him communicate smoothly with the interview panel.
* Modifying work premises; for example, making ramps, modifying toilets, providing flashing lights to alert people with a hearing loss
* Making small changes in work practices-for instance swapping some duties among staff, regular meal breaks for a person with diabetes
It is a common perception that disability is only a physical phenomenon. As per statistical data, every one out of six individual suffers from mental disability.
Mental disability often stems out of factors like stress, anxiety and sleeping disorders and can be fatal to employee’s health and well being. In most cases, problems at home or even issues at workplace may be its cause. An employer should take these issues seriously and try to resolve the same in best possible way.
Disability Discrimination also includes within its scope
* Making working conditions difficult for disabled individuals and making the environment hostile
* Making humiliating remarks on one’s physical inability
The guidelines of Disability Discrimination Act, 1992 make it unlawful for employers to discriminate a person on the basis of disability. Relatives, friends of disabled individuals too are included within this act. Since then the act has undergone modification and it has been refined to serve the interest of persons suffering disability.
According to the guidelines of Disability Discrimination act, 2005 it is unlawful for an employer to discriminate employees on the basis of disability. Apart from employers, the Disability Discrimination Act applies on registered trade unions, employment agencies and on bodies with control over profession so as to address more individuals and eradicate discrimination at a faster pace.
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