Sample Employment Discrimination against People with Physical Disability

Employment Discrimination against People with Physical Disability

Introduction

Discrimination is defined as unfair or hurtful treatment of dissimilar categories of communities or things. Discrimination in the workplace can be based on the grounds of race, disability, equal pay or compensation package, age, genes or sickness, nationality, religion, and gender discrimination (Dunn 148). It is not naturally negative to examine differences among people and their way of living and to make distinctions. These unique differences should be learned and appreciated by different communities. Tolerating each other promotes peace and good working conditions, which establishes a stronger working team. Discrimination becomes negative when it is acted upon a certain individual. Treating a person based on a class or judging them using the category mentioned above is immature and insensitive to human feelings. Mostly, people have believed in stereotypes or statistical summaries, which are used to harm the individual or a group of people. People use prejudiced statements to discriminate or express an adverse opinion regarding a group of people (Lewis 269).

Discrimination in the workplace is very frustrating and intimidating. There are different kinds of discrimination, which are categorized in -:

The discussion reflects on major aspects of fear, avoidance, and discomfort and how they play an important role in influencing negative social attitudes against people with disability in the workplace. The materials used will range from research findings and recommendations, to newspapers, press releases, journals, and statistical data.

Research question:  Is there any relation between disability discrimination and workplace performance, training, evaluation, promotions, and retirement?

Understanding Employment Discrimination against People with Physical Disability

Disability can be defined as a physical or psychological situation that restricts an individual’s movement, senses, or activities. An employee can be discriminated if he has a mental or physical deficiency, which prevents them from happenings. In this study, we are focusing on disabled people who are qualified to work. This discrimination also affects people who have suffered previously from disabilities. During the interview and selection period, the interviewer or the company may require additional medical checkups on disabled people. Some companies will evaluate the person and decide that he or she is not a suitable candidate because he might spend a lot of money on medical insurance, which will cost the company instead of benefiting from his or her work contributions.

Disability discrimination is clearly demonstrated when an individual is treated special than a person without a disability in a similar or alike situation. There are different forms of disabilities, which involve blindness, deaf and other physical or mental disability. For example, it will be termed direct disability discrimination if a public building or supermarket will refuse a person to enter because they are blind and have an animal or stick guide. It is also disability discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people with a particular disability. This is known as indirect discrimination (Hoffman 72). It will be indirect disability discrimination when the only way to go into a communal building is by use of a staircase. This will discriminate against the people who use wheelchairs to enter in this building as they are unable to use the stairs. Employers are supposed to make sure that they have policies in place, which are intended to avoid discrimination in the workplace. These policies should protect disabled persons during recruitment and selection, determination pay, training and development, selection for promotion, discipline, and grievances, and countering bullying and persecution.

In disability discrimination, both women and men are victims because people tend to think that disability is an inability. Most workmates prejudge people with disability that they are not independent and they will slow them in their objectives. They are perceived as inferior people and due to this prejudgment; they are at times paid less money compared to other people doing the same work or a similar job. They suffer pay rise inequity and may also be impacted by other factors in workplace discrimination. Irrespective of the level of prerequisite, job experience, and educational background, they are paid less on a regular than jobs principally done by other people (Chan 83). Some organizations argue that our disability makes people weak and they keep on attending doctor’s appointments hence leaving their duties unattended. They also say argue that disabled people have fewer responsibilities compared to other workmates because they are not flexible to attend to other duties. The share of the earnings gap cannot be clarified by certificates one has and due to this, it is attributed to discrimination. One of the official procedures for recognizing the explained and unexplained shares of the disabled wage differences or wage gap is examining the person’s qualifications. At times, people with physical disabilities are sexually harassed and their rights are violated because people isolate them.

Disability discrimination includes looking down upon a certain group of people and sometimes giving them a nickname. This behavior is not fair to people who have worked hard to improve their standard of living. Due to this, the community should accommodate and encourage these people to achieve greater heights of achievements (Hoffman 58). It is unfair to prejudge people according to their physical and mental condition. There are four levels of discrimination. This includes direct discrimination, indirect discrimination, Harassment, and Victimization.

Direct discrimination, is demonstrated when an individual will treat somebody else less favorably because of the kind of disability whereby a person is perceived as inferior and it is not easy to communicate or connect with them. An example of this could be refusing to provide work for someone because their legs are not straight of and the job needs someone to use his intellect, type, and print documents. Indirect discrimination occurs when there is a rule, practice, or process, which applies to all workers but does not consider the particular disadvantages of people or a group from a certain group (Dunn 148). An example is when the company requires that all job applicants have a certain physical appearance or fitness, especially when recruiting army officers. Certain people who are not physically fit are discriminated against for their movement capabilities. Harassment is clearly demonstrated when unnecessary conduct connected to disability has the point or effect of violating a person’s dignity or creating unapproachable, aggressive, degrading, embarrassing, or unpleasant surroundings for that person. An individual can be victimized by using unfair treatment of a worker who has made or supported a criticism about the disabilities of a person. Employers should not incur undue hardships by providing specialized services to meet the needs of a specialized person. The individual should compromise his or her comfort for the organization’s benefit.

Findings

In research conducted, it was evident that during recruitment, selection, and retirement determination, disabled people are discriminated. They are denied employment opportunities because they are physically challenged although he or she has the prerequisites of the advertised job (Hoffman 78). This kind of discrimination demoralizes these people and they may end up giving up their careers and talents. The staff may also bully them by intimidating them, giving them hard tasks, or changing the roster to deliberately favor some employees. In order to discourage this vice, the management can create a communication channel to report discrimination and bullying in the workplace (Dunn 148). The old people are discriminated against because they are retiring from active duties in a few years to come. Disabled people are even forced out of employment earlier that the appointed time of retirement. The manager may force them to retire so that he can get someone else who they think will perform the duties better and efficiently. These kinds of discrimination are frustrating to the victims.

In disabilities like genetic or sickness information, one is discriminated against on basis of the disease he or she is suffering from. Most people who suffer from this are people suffering from HIV/Aids and Albinism where the workmates think these people are not fit to perform duties (Chan 82). In order to discourage this, the governments have come up with rules to discourage this vice. At the same time, they are providing useful information to the public so that they can understand the nature of these disorders. In some countries, employers have tried to smooth over genuine and alleged problems with HIV-infected and AIDS-infected workers by investing in educating sessions and adopting written rules and regulations specifically eliminating discrimination. The employers train the employees on health measures and ways to avoid discrimination against the infected person (Gates 387).

Conclusion

In this research, it is evident that there is a close relation between workplace discrimination and workplace performance, training, evaluation, promotions, and retirement. In order to discourage this uncouth behavior, different governments have laid down rules and regulations to discourage discrimination in the workplace. It is illegal for a company to discriminate against an employee regardless of the company size, directors, or articles in the memorandum of association. Discrimination includes full-time, part-time and casual employees, employees on probation, trainees, and people employed for fixed positions. There are several laws, which have been enacted to control this menace. These laws are neutral to protect every citizen against discrimination. In these laws, it is illegal to intimidate an individual based on their gender, race, nationality, disability, and religious beliefs. Discrimination is a very frustrating subject especially when you are a victim. It is not fair at all to be discriminated against over things you do not have the power to change. The regulations also make it illegal to get revenge against a person who complained about discrimination, filed accusations of unfairness, or participated in an employment discrimination investigation or court case (Chan 79).

The law requires that employers be reasonable to accommodate applicants and workers genuinely without checking on their religious practices, gender and disability unless it is going to impose an undue hardship on the operation of the employer’s business. We should embrace everyone we meet without discrimination or prejudging them based on their race, gender, religion, and nationality. The sick people among our workmates should be encouraged and loved so that they can have the energy to move on with life (Gates 385). The labor market is costly for employers and recruiting services should be based on the competitive selection of candidates. Employers should not discriminate against their employees. Strong believing in the flawless operation of markets without government or trade union intervention, it was claimed that employer discrimination declines in the long run without political intervention.

 

Works Cited

Chan, Fong, et al. “Drivers of workplace discrimination against people with disabilities: The utility of attribution theory.” Work: A Journal of Prevention, Assessment and Rehabilitation 25.1 (2005): 77-88.

Dunn, Dana S., and Shane Burcaw. “Disability identity: Exploring narrative accounts of disability.” Rehabilitation psychology 58.2 (2013): 148.

Gates, Lauren B., and Sheila H. Akabas. “Inclusion of people with mental health disabilities into the workplace: Accommodation as a social process.”Work accommodation and retention in mental health. Springer New York, 2011. 375-391.

Hoffman, Sharona. “The Importance of Immutability in Employment Discrimination Law.” William & Mary Law Review 52.5 (2011).

Lewis, Duncan, Sabir Giga, and Helge Hoel. “Discrimination and bullying.”Bullying and harassment in the workplace. Developments in theory research and practice (2011): 267-281.