Employment and the Disabilities Act

Blind and partially sighted people are able to do most jobs. Sometimes specialist support or equipment is required to assist them in carrying out some tasks required in their job role.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Who has rights for employment under the Act?

All government, government affiliated and government funded organisations are required to reserve at least 3% of their vacancies for potential employees With:

(i) blindness or low vision;

(ii) hearing impairment;

(iii) locomotor disability or cerebral palsy,

This information should be submitted to the Special Employment Exchange at periodic intervals.

What employment is covered by the Act?

1. Employers with 15 or more employees are subject to the Act (N.B. in 2004 this employer exemption will be removed and employers of any size will be covered).

2. Employees, including permanent, part time and temporary as well as contract workers.

3. Certain types of employers, such as the armed forces, police and fire fighters are currently excluded.

4. Volunteers are not separately covered by the Act and so whether or not they are covered will depend upon whether they are an “employee” which will depend on the nature of the contract they have. Specialist advice should be sought in relation to volunteers.

5. The employer is liable for the discriminatory actions of his or her staff, unless s/he can prove that s/he has taken reasonably practicable steps to prevent staff from discriminating (such as providing disability awareness training).

6. Similarly, all educational institutions and other educational institutions receiving aid from the Government shall reserve not less than three per cent seats for persons with disabilities.

7. The appropriate Governments and local authorities shall reserve not less than three per cent in all poverty alleviation schemes for the benefit of persons with disabilities.

8. Local authorities should provide incentives to employers both in public and private sectors to ensure that at least five per cent of their work force is composed of persons with disabilities.

What does the Act make unlawful?

It is unlawful for an employer to discriminate against a disabled person in the following ways:

• In the arrangements she/he makes for determining to whom s/he should offer employment in the recruitment process.

• In the terms on which she/he offers that person employment.

• By refusing to offer him/her employment.

• It is also unlawful for an employer to discriminate against a disabled employee in the terms of employment afforded to him/her or by dismissing him/her or subjecting him/her to any other detriment.

What is the employer mandated to do?

The employer has to:

• Regulate the employment

• Take health and safety measures and create a non-handicapping environment.

• Discrimination is:

Treating a disabled person less favorably for a reason relating to their disability and/or not making adjustments where arrangements put disabled persons employee at a substantial disadvantage without justification.

For example:

• Making adaptations to the written test arrangement used in an interview.

• Allowing job applications to be submitted on tape or by email.

• Providing a visually impaired person with a reader or adapted computer with large character, braille display or speech output.

• Providing time off when an employee becomes visually impaired for rehabilitation or assessment.

• Reallocating some minor duties to another non-disabled work colleague