What is seen as a disability in the South African Workplace?
According to Stats SA 7.5% of South Africans are disabled of which women make out 8.3% and men 6.5%. In terms of the work environment, the South African Employment Equity Act protects people with disabilities against unfairness within the workplace. This Act defines a person with disabilities in the workplace as: “someone who has a long term or recurring physical, including sensory or mental impairment which substantially limits their prospect of entry into or advancement in employment.”
When most people think of a disabled person, one automatically presumes someone who is wheelchair bound, deaf or blind, right? But there is a lot more to it. The disability is not just as a result of genetics or disease, but could suddenly be brought onto anyone’s life because of an accident or trauma or even a severe illness. For it to be considered a disability in the workplace it has to limit an employee’s hearing or vision, speech, mobility, or intellectual or emotional function. So what conditions are excluded?
What conditions are not considered a disability in the workplace?
There are many resources that explain the exact types of disabilities and illnesses that qualify as a disability within the work environment. These are only some of the things that are not considered a disability in the workplace:
· Vision: You are not considered disabled when you wear something like spectacles or contact lenses, unless you have difficulty seeing even with this aid.
· Behaviour: Sexual behaviours classified as a disorder that are against public policy is not considered a disability.
· Physical appearances:
§ Tattoos of self-imposed body adornments like piercings etc.
§ Standard variations in height, weight or strength
· Mental:
§ Any disorders that influence mental or physical wellbeing which are caused by current use of illegal drugs or alcohol unless that person is participating in a recognised treatment programme.
§ Compulsive gambling or tendency to steal or light fires.
How could companies discriminate or handle people with a disability unfairly?
· Firstly, workplaces which are not easily accessible or are not geared for people with disabilities like a lack of wheelchair access or ablution facilities for the disabled etc.
· Secondly, there might be insufficient provision made for suitable technical workplace support.
· Thirdly, companies might highlight certain things that can by default exclude disabled people in their employment criteria.
· Fourthly, companies might keep disabled employees in low paying and low status jobs.
· And lastly, they don’t provide adequate training for people with disabilities.
How do you as an Employer confirm if someone classifies as having a disability?
Disability is a very sensitive subject and should be handled accordingly and with the correct processes which are fair as set out by law. If the disability is not clearly noticeable you can request a clinical diagnoses by a registered health professional to determine a long term recurring physical or mental condition. Furthermore, you can explore the social manner in which the person experiences various events or happenings and pinpoint if their reactions or experiences are substantially limiting them.
Whatever your company’s procedures, the management team of any company should undergo Disability Awareness and Sensitivity Training. After attending training your management team will have a better understanding of the variety of disabilities they may encounter and how to deal with this in a sensitive, practical manner. It will help them to overcome the natural fear we may have when we interact with a disabled person and give tips on awareness and etiquette in these situations.
For more information contact 010 110 0226 or visit www.themindspa.co.za or email [email protected]
Customer Success Manager | EOR Onboarding & Offboarding specialist | Corporate Training & Instructional Design Expert | Passionate about Enablement | International Training Manager| Mental health advocate
3 年The definition of mental impairment is so open to interpretation that most mental illnesses / disabilities are not seen as a disability but rather a problem with the person. Non visible disabilities cause great difficulty within the workplace for those who live with theirs. People with Bipolar disorder, Depression, Anxiety disorder, BPD are not considered to be disabled. When companies do find out that the person is living with this disability, it is guaranteed that the person will face exclusionary practices. Managers have no clue how debilitating it can be for a person who has any mental illness to be in the workplace and "function normally". It can be extremely traumatising to do anything out of the normal routine or even to try something new. So people keep it quiet and do what ever they can. What corporates and their management don't comprehend or maybe don't care, is that sometimes it can be difficult or physically painful to get out of bed and brush hair and teeth if the person is in a spiral or depressive episode. The number of people with these disabilities are growing. A proper diagnosis is easier to come to now with professional mental health practisioners conducting the research and and not some quack who is in the pocket of a pharmaceutical company and who wants to throw tablets down a patients throat and say now you are cured. Many people cannot or will not seek out treatment as they are fearful of people knowing that they are not "normal". Medication also costs a fortune. We need to get big business (major corporations) to take the lead and do something for people with these disabilities. It is costing them millions in lost revenue from people calling in sick, taking sick leave and not being fully productive. They need to bring in skilled professionals to train all their staff on how to work with people with disabilities and not just the visible disabilites.