Embed Size (px)
Citation preview
1
MINISTRY FOR THE FAMILY, CHILDREN’S RIGHTS AND SOCIAL SOLIDARITY
PARLIAMENTARY SECRETARIAT
FOR EUROPEAN FUNDS
Commission for the Rights of Persons with Disability (CRPD)
Disability and Employment in Malta –
Employers' Guidelines
Consultation draft – June 2020
2
Contents
1 Introduction ....................................................................................................................... 6
1.1 Context ........................................................................................................................ 6
1.2 What is Disability? ....................................................................................................... 7
1.3 Outline of the Guidelines ............................................................................................ 8
2 Key Terms around Disability .............................................................................................. 9
3 Disability Etiquette: Interacting in an open manner with all individuals ........................ 15
3.1 Interacting with: ........................................................................................................ 16
3.1.1 Persons on the Autism Spectrum ...................................................................... 16
3.1.2 Persons with Challenging behaviour ................................................................. 17
3.1.3 Persons with Hearing Impairments ................................................................... 19
3.1.4 Persons with Epilepsy or Other Seizure Disorder .............................................. 21
3.1.5 Persons with Hidden Impairments .................................................................... 22
3.1.6 Persons with Intellectual Impairments .............................................................. 22
3.1.7 Persons with Mental Health Issues .................................................................... 24
3.1.8 Persons with Mobility Impairments................................................................... 25
3.1.9 Person with Speech Difficulties ......................................................................... 26
3.1.10 Persons with Unusual Appearances .................................................................. 28
3.1.11 Persons with Visual Impairments ...................................................................... 28
3.2 Offering Help ............................................................................................................. 30
3
4 Disabled Individuals in the Workplace............................................................................. 32
4.1 What Jobs Can Disabled Individuals Do? .................................................................. 33
4.2 Disability Inclusion in the Workplace ........................................................................ 34
4.2.1 Staff Attitudes .................................................................................................... 35
4.2.2 Policies, Procedures and Practices ..................................................................... 35
4.2.3 Accessibility ........................................................................................................ 36
4.3 Issuing a Vacancy Announcement ............................................................................. 39
4.3.1 Making a website more accessible: ................................................................... 39
4.4 Application Process ................................................................................................... 40
4.5 Interview Process ...................................................................................................... 41
4.6 Other Recruitment Methods ..................................................................................... 42
4.7 Transition and Induction ........................................................................................... 43
4.8 On-the-Job Performance & Performance Appraisal ................................................. 44
4.9 Career Progression .................................................................................................... 46
4.10 Best Practice .......................................................................................................... 46
4.10.1 Succeeding with the second attempt ................................................................ 47
4.10.2 Discovering an employee’s potential ................................................................. 48
4.10.3 Making discrete adjustments ............................................................................ 48
5 Sources of Support, Training and Information ................................................................ 49
5.1 Support ...................................................................................................................... 49
4
5.1.1 CRPD ................................................................................................................... 49
5.1.1 JobsPlus ............................................................................................................. 50
5.1.2 Lino Spiteri Foundation (LSF) ............................................................................. 51
5.1.3 Richmond Foundation ....................................................................................... 53
5.1.4 Aġenzija Sapport (INK Project) .......................................................................... 54
5.1.5 Occupational Therapy ........................................................................................ 54
5.2 Training ...................................................................................................................... 55
5.2.1 Mental Health First Aid ...................................................................................... 55
5.2.2 Disability Equality Training ................................................................................. 55
5.2.3 Making Documents Accessible .......................................................................... 56
5.2.4 Foundation for Information Technology Accessibility (FITA) ............................ 57
5.2.5 Universal Design................................................................................................. 58
5.2.6 JobsPlus Training Courses .................................................................................. 60
5.2.7 Employee Assistance Programmes .................................................................... 60
5.3 Disability-Related Processes & Support Measures ................................................... 61
5.3.1 Jobsplus Employment Registration .................................................................... 61
5.3.2 Other Disability Registers ................................................................................... 63
6 What the Law Says ........................................................................................................... 65
6.1 The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
65
6.2 The Equal Opportunities (Persons with Disability) Act (Cap. 413) (EOA) ................. 66
5
6.3 The Persons with Disability (Employment) Act (Cap. 210) ....................................... 72
7 Some myths about disabled individuals in the workplace .............................................. 74
8 Contacts ........................................................................................................................... 80
6
1 Introduction
Employment is an expected milestone for any adult within today’s society. It provides us
with financial independence and economic security; keeps us stimulated; establishes
relationships and keeps us involved with society; and builds a sense of personal pride,
dignity and self-sufficiency in what we do. It also enables an individual to contribute to their
society. Employment has been found to significantly improve one’s quality of life. More than
that, employment is a fundamental right which all individuals should be able to enjoy.
1.1 Context
A number of legislative tools, policies and measures have been put into place in Malta over
the years to safeguard the rights of disabled individuals in, among other areas, employment.
Despite these developments, disabled individuals continue to face several barriers to
exercise their full rights in different areas, employment being one of them. Barriers include
difficulties with finding employment as well as a lack of accommodation1 provided at the
place of work. Thus, whilst anti-discriminatory legislation is crucial as are policies and
measures put in place by the state, providing support to employment systems and raising
awareness around the difficulties disabled individuals continue to face is also necessary to
realise disabled individuals’ rights in the employment sphere.
1 These are defined further in these guidelines, including in in Section 2: Key Terms Around Disability
7
The need for this support and awareness emerged clearly from the research commissioned
by the Commission for the Rights of Persons with Disability as part of ESF 2.63 project
Knowledge, Training, Communications and Support Measures to Vulnerable Groups which is
co-financed by the European Social Fund of the European Union. The research study and the
writing of these guidelines were commissioned to Ernst and Young Limited. The main aim of
these guidelines is to assist employers in gaining more awareness and knowledge about
disabled individuals and enabling them to identify sources of any support required to
employ disabled individuals.
1.2 What is Disability?
By clarifying the definition of disability, we are in a better position to understand the
obstacles that exist for disabled individuals in the area of employment. Traditionally,
disability has been defined from a medical model viewpoint, that is, focusing on the
individual’s medical impairment, the condition or illness. This model views the individual as
having a ‘problem’ and therefore being responsible for creating adjustments for themselves
to function in society. Through this model, individuals are viewed only in terms of their
symptoms, with a focus on limitation or on what the person cannot do, as opposed to
viewing the person in their totality2.
2 More information on: https://www.theweb.ngo/history/ncarticles/models_of_disability.htm
8
In contrast, these guidelines are based on the social model of disability, which has been
backed by disability rights campaigners over recent decades in their efforts to encourage
equality for disabled individuals. The social model focuses on the barriers and structures
that exist in society, which create limitations for disabled individuals due to negative
attitudes, lack of access to services or support. This model states that when an individual is
stopped or hindered from carrying out some activity, barriers are created or ignored by
society which essential disable a person for exercising their full rights and potential. Thus,
disability is taken to refer to the obstacles created by society, which are distinct from a
person’s impairment3.
1.3 Outline of the Guidelines
The next section of these guidelines (Section 2) sets out the key terms used and their
definitions. The guidelines then focus on disability etiquette (Section 3) and provide
guidance on how to take impairment-related needs into account when interacting with
disabled persons. Section 4 provides information about disability in the workplace, from
advertising to a post to recruitment and retention through to career progression. Section 5
provides information about various organisations and sources of information. The
penultimate Section 6 provides a summary of legislation related to disabled individuals and
employment, and the final Section 7 addresses common myths and misconceptions about
disabled individuals, especially in the context of the workplace.
3 More information on: https://en.wikipedia.org/wiki/Social_model_of_disability
9
Readers of these guidelines should keep in mind that disabled individuals are not a
homogeneous group and that even two individuals with the same impairment or medical
condition do not experience disability in the same way. Hence, no document can offer a
universal solution for all disability and employment issues. Consequently, the initial
knowledge and information gained from these Guidelines needs to be followed up by
detailed support and advice.
2 Key Terms around Disability
The table below provides the definitions of the key terms used around disability in the area
of employment. This Section serves as a quick reference guide to anyone who would like to
understand more about specific terms used.
TERM DESCRIPTION
Reasonable Accommodation
The legal definition is ‘necessary and appropriate modification and adjustments
not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.
In the context of employment, this can be a change made to a job, the work environment or work practices which enable a disabled individual to gain and retain employment, without putting an unreasonable burden on the employer.
10
Assistive Means
This includes any means required by a disabled person specifically because of their impairment such as palliative / therapeutic devices, prosthetic (or any other) apparatus including trained animals. Examples include wheelchairs and other mobility aids, prosthetic limbs, the use of ICT and augmentative and alternative communication, and guide and service dogs.
Access / Accessibility
This refers to the availability of access to physical environments, information & communication, and to services, as detailed in Article 9 of the United Nation’s Convention on the Rights of Persons with Disability4.
Disability
The legal definition is ‘a long-term physical,
mental, intellectual or sensory impairment
which in interaction with various barriers
may hinder one’s full and effective
participation in society on an equal basis
with others’.
Thus, disability arises from the interaction
between a person’s impairments and the
socially created obstacles that hinder their
participation in, for example, employment.
Impairment The legal definition is ‘any loss, restriction or abnormality of psychological, physiological, or anatomical structure or function’.
Inclusive Employment
This term refers to employment within which disabled individuals are eligible to apply, maintain and progress in mainstream employment at a par with colleagues who are not disabled within a competitive labour market.
4 United Nations - Department of Economic and Social Affairs Disability: https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-9-accessibility.html
11
Persons on the Autism Spectrum
Autism is a complex condition that affects the way that the person processes information, their emotions, sensory input and how they relate to others. It is referred to as a spectrum because of the many varied ways it manifests itself. Persons on the autism spectrum may or may not have intellectual impairments, communication difficulties and very specific abilities.
Persons with Hearing Impairments
This is when persons experience the partial or total inability to hear. A person having below average hearing is said to have hearing loss (which may be mild, moderate, severe, or profound). Deaf individuals mostly have profound hearing loss, which implies very little or no hearing5.
Persons with Epilepsy or Other Seizure Disorder
Epilepsy is a neurological disorder in which the brain activity becomes abnormal and causes seizures, unusual behaviour or sensations and sometimes loss of awareness.
Persons with Hidden Impairments
Some individuals may have conditions that are not visible, such a heart or other medical condition. Partial hearing or sight loss may also be hidden since they are not immediately obvious. Other individuals may have conditions that may not be apparent at first sight but may manifest themselves more obviously as they progress – for example multiple sclerosis.
Persons with Intellectual Impairments
Individuals with intellectual impairments have difficulties with learning, understanding and overall cognitive functioning. The level of difficulty experienced is usually correlated with the severity of the intellectual impairment and the presence of additional impairments. The level of a person’s functioning is also highly dependent on the amount of support received that enables them to develop skills in a structured environment that attends to their personal support needs.
5 WHO 2019
12
Persons with Mental Health Issues
Mental health issues may be short or long-term. They may be associated with anxiety, depression, mood disorders or with psychosis (for example schizophrenia). A person with mental health issues struggles with their psychological, emotional and social wellbeing, and may have a diagnosis of a mental illness. This affects how they think, feel or act.
Persons with Mobility Impairments
This is when an individual is unable to use one or more of their limbs, for example having a lack of strength to walk or grasp objects. Individual with mobility impairments may make use of assistive means to aid their mobility (ex: wheelchair, crutches, prosthetics, etc).
Persons with Speech Difficulties
Individuals with speech difficulties have a decreased ability to produce speech sounds necessary to communicate with others. The impairment may be mild (such as mispronouncing words) to severe (such as not being able produce any speech at all). The causes of these difficulties may be somatic or cognitive.
Persons with Visual Impairments
This is when an individual has a decreased ability to see to an extent that the individual is impeded from functioning adequately despite the usual interventions such as glasses. These individuals may be partially sighted, or they may only see very little or none at all.
Persons with Medical (severe) difficulties
Medical disability refers to conditions that require medical treatment and which also cause impairments and limitations in activities of daily living.
Universal Design
Design of environments and their contents in ways which can be accessed, understood and used by as many individuals as possible, regardless of their age, size or ability.
13
ORGANISATION DESCRIPTION
Commission for the Rights of Persons with Disabilities (CRPD)
The Commission for the Rights of Persons with Disability (CRPD) is committed to rendering Maltese society an inclusive one, in a way that persons with disability reach their full potential in all aspects of life, enjoying a high quality of life thanks to equal opportunities. In fulfilling this mission, CRPD works in order to eliminate any form of direct or indirect social discrimination against persons with disability and their families while providing them with the necessary assistance and support. https://crpd.org.mt/
Lino Spiteri Foundation (LSF)
A Public Social Partnership with the aim of enhancing inclusion through empowering vulnerable individuals and working closely with civil society through a Council of NGOs that will support and guide the direction of the organisation. This foundation aims to create a change in mentality in the area of employment and disability. https://linospiterifoundation.org/
JobsPlus
Malta’s national employer agency providing local jobseekers and employers with successful and rewarding work experiences by empowering, assisting and training jobseekers; promoting workforce development; and assisting employers in their recruitment and training needs. Jobplus also has a register of disabled individuals. https://jobsplus.gov.mt/
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
The human rights convention within the UN concerning persons with disabilities. It is a list of rights guaranteed to persons with disabilities to improve their access to society, education and employment. https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html
United Nations (UN)
An intergovernmental organization responsible for maintaining international peace and security, developing friendly relations among nations, achieving international cooperation, and being a centre for harmonizing the actions of nations. In the Department of Economic and Social Affairs, the UN has a Disability division.
14
https://www.un.org/
Foundation for Information Technology Accessibility (FITA)
The principal advocate and coordinator for making information communications technology (ICT) accessible for disabled people in the Maltese islands. Their services assist disabled individuals in the selection, acquisition, or use of an assistive technology
that is intended to maintain or improve the individual’s quality of life. https://fitamalta.eu/
World Health Organization (WHO)
A specialized agency of the United Nations that is concerned with international public health. In order to improve access to health services for people with disability, WHO: guides and supports Member States to increase awareness of disability issues, and promotes the inclusion of disability as a component in national health policies and programmes; facilitates data collection and dissemination of disability-related data and information; develops normative tools, including guidelines to strengthen health care; builds capacity among health policy-makers and service providers; promotes scaling up of CBR; promotes strategies to ensure that people with disability are knowledgeable about their own health conditions, and that health-care personnel support and protect the rights and dignity of persons with disability. https://www.who.int/
15
3 Disability Etiquette: Interacting in an open manner with all
individuals
When meeting a disabled person, it is important to keep the following disability etiquette
suggestions in mind, in order to ensure that the interaction is free from any awkwardness
and that those involved all feel comfortable. Disability etiquette also ensures that
impairment-related needs of disabled individuals are catered for.
These needs are obviously related to the specific nature of each impairment and the
guidelines in this Section are therefore split according to the major impairment groups. It is
important to keep in mind that:
levels of severity vary;
physical and mental conditions affect different individuals in different ways, so that
no two individuals with the same condition experience it in the same way;
the effects of some conditions are hidden and cannot be directly observed;
you shouldn’t ask a disabled person about their condition. Unless the information is
needed for a specific purpose, the person should not be asked about the type of
disability, how long they have had it, or what daily activities they can carry out on
their own. The disabled person will offer this information if they feel that it is
relevant for the conversation.
16
It is also important to keep in mind that these etiquette guidelines focus on one-to-one
interactions with disabled individuals. For more information about how to make the
workplace more accessible for disabled employees see Section 5.2.515.2.
3.1 Interacting with:
3.1.1 Persons on the Autism Spectrum
Autism is a very complex condition that affects the way that the person processes
information, emotions and sensory input and how they relate to others. It may or
may not affect the person’s cognitive development. Autism is referred to as a
spectrum because of the many varied ways it manifests itself. Symptoms vary from
mild to severe and a person may have considerable difficulties in one area – for
example relating with others – but not in another – for example sensory processing.
Autism can be a hidden disability since it may not always be immediately clear that a
person is on the autism spectrum6.
3.1.1.1 Speaking to a person who you know or think has autism:
Remember that some individuals with autism find it difficult to maintain eye
contact. Do not be disconcerted if the person looks away from you while
talking to you;
Remember that some individuals with autism engage in behaviour which may
seem odd to you but which helps them keep calm. Such behaviour (which is
sometimes called ‘stimming’) may include flapping their hands, rocking
forward and backward;
6 Additional information on the autism spectrum: https://www.additudemag.com/autism-spectrum-disorder-in-adults/
17
If you notice that the person is getting agitated (which can include an
increase in the pace of stimming behaviour), slow down the conversation – or
stop it if necessary. Ask the person if they would like to go on or if they are
feeling uncomfortable and need anything. As much as possible, try to
accommodate their needs. If the place you are in is noisy, it may become
necessary to move to a quieter environment.
3.1.2 Persons with Challenging behaviour
A person who has challenging behaviour is a person who displays behaviour that can
put the safety of the person and/or that of others in jeopardy or that severely limit
opportunities for that person to be included in society. Sometimes, challenging
behaviour can arise as a result of having certain types of disability, for example
severe mental health issues or severe autism. However, this does not mean that
every person who has any of these conditions has challenging behaviour.
3.1.2.1 Speaking to someone who displays challenging behaviour:
If you are interacting with someone who displays challenging behaviour, it is
important to keep the following in mind:
• The behaviour may be the person’s way of communicating that there is
something in their environment they do not like, especially if they do not have
speech;
18
• There is always a trigger for an episode of challenging behaviour, although it is
not always easy to identify the trigger. It may be loud noise, bright lights or other
environmental factors that the person finds disturbing; the person feeling unwell; a
sudden change in routine or being in an unfamiliar place or with unfamiliar people;
depression, anxiety or psychological distress; boredom or lack of stimulation;
• In most cases, there is an escalation of behaviours that can lead to an episode of
challenging behaviour. If you are interacting with a person who is displaying signs of
becoming agitated, the most important thing is to speak calmly to the person and
give them reassurance. Check if the person wants to leave the room or place they
are in – this may help in distancing the person from any triggers and to enable the
person to do some physical exercise, which can help release any stress the person is
feeling;
• If the behaviour continues to escalate, do not try to stop it as this can make the
person even more agitated. Make sure the person with challenging behaviour and
others who are nearby are safe. Avoid physically restraining the person unless the
lack of restraint can result in someone getting hurt. If the person is not accompanied
by someone, call someone that knows them. If you do not know anyone, call the
emergency services for support;
• Once the episode is over, speak reassuringly to the person;
• If you are likely to interact with the person again seek professional support (see
Section 5 of these guidelines).
19
3.1.3 Persons with Hearing Impairments
Hearing impairment affects individuals in different ways. One major difference is
whether the person lost their hearing before or after they began to speak. Those
who are post-linguistically deaf can usually speak clearly. Those who were born deaf
or lost their hearing in their infancy may never be able to develop clear speech. The
other difference relates to the level of severity. A person with hearing loss in one
ear, or a mild to moderate hearing loss in both, may be able to follow and engage in
most conversations. A person with bilateral hearing loss will find greater difficulty.
This difficulty may be lessened by the use of hearing aids or cochlear implants but
wearing them does not necessarily enable the person to hear like someone without
a hearing impairment would.
3.1.3.1 Speaking to someone with hearing impairment who relies on lip-reading to follow a conversation:
avoid having the person facing a bright light, as they won’t be able to see
your lips clearly;
do not chew gum, smoke a cigarette or in any way cover your mouth;
do not speak at a much slower pace than usual. Lip reading relies on the way
letter sounds are formed and slower speech can distort that;
keep in mind that lip reading can be tiring and difficult to sustain for a long
stretch of time;
if there is someone speaking who is not in front of the lip-reader, the latter
won’t be able to follow that part of the conversation and you may need to
20
draw the attention of the person with hearing impairment and the other
speaker about this.
3.1.3.2 Speaking with someone who uses a sign language interpreter:
Some individuals who are Deaf use sign language as their primary means of
communication. The capital D denotes that they are speakers of a specific
language. Maltese Sign Language is recognised as a language in Maltese
legislation.
address and look at the Deaf person not the sign language interpreter, even if
the Deaf person is looking at the interpreter;
if you tend to speak fast, you may need to slow down your pace to make sure
that the interpreter is keeping pace with you. This is especially important if
you need to use technical terms that the interpreter may need to spell or
explain to the Deaf person;
if you need to talk about a confidential matter with the Deaf person, you can
still do so in the presence of a sign language interpreters. These interpreters
are bound by rules of confidentiality and professional code of conduct.
3.1.3.3 Speaking with individuals who have a hearing impairment and are able to follow speech with or without hearing aids or cochlear implants:
avoid noisy environments because the background noise may be picked up by
the hearing aids;
21
avoid places with bad acoustics;
inform the person if there is a hearing loop system available, as this can
greatly enhance the hearing;
stay in front of the person when speaking to them so that the person can
hear you as clearly as possible.
3.1.4 Persons with Epilepsy or Other Seizure Disorder
If a person informs you that they have epilepsy or another seizure disorder, calmly
ask if there is anything that you should be careful about in case they have a seizure
and make sure you understand their instructions.
If a person has a seizure, ensure that they are kept safe until the seizure passes,
especially making sure they do not hit their head against anything. It is best to call a
trained first aider for assistance.
Once the seizure has passed and the person has regained consciousness, ask the
person if they need anything. Make sure not to make a fuss so as not to disturb the
person further.
If a person has a seizure, it does not automatically mean that an ambulance needs to
be called. However, make sure to call one in one of these circumstances:
the seizure lasts for more than 5 minutes
there is more than one seizure
22
the person is injured or has difficulty breathing
the person asks for an ambulance
the seizure occurs in water.
3.1.5 Persons with Hidden Impairments
Some disabilities do not manifest themselves outwardly and you may not realise that
the person you are speaking to has a disability. This category includes those who
have heart or other medical conditions, as well as others mentioned in this Section.
It also includes conditions that may not be apparent at first but may manifest
themselves more obviously as they progress – for example multiple sclerosis.
Individuals who have hidden impairments may show behaviour that might come
across as odd or make a request that may seem unusual. It is important not to pass
judgement on such behaviours and to respect the request made.
3.1.6 Persons with Intellectual Impairments
Individuals with intellectual impairments have difficulties with learning and
understanding. The level of difficulty experienced is usually correlated with the
severity of the intellectual impairment and the presence of additional impairments.
23
3.1.6.1 Speaking with a person with intellectual impairments:
start by assuming that the person can understand what you are saying,
especially if you adapt it;
do not talk down to the person, even if they engage in behaviour that may
seem child-like;
break down any explanation you need to provide into small concrete steps to
ensure that the person can understand;
ask the person questions to check for understanding. Formulate questions in
a way that can elicit concrete answers. Avoid yes/no questions, since the
person may answer ‘yes’ because they are eager to please;
if necessary, explain more than once in a different way until the person
understands. If possible use pictures, photographs or concrete objects;
if the person with intellectual impairment is accompanied by someone, speak
to the person not the one accompanying them. Speak to the latter only if the
different explanations do not help the person understand;
if the person with intellectual impairment is on their own and the different
explanations do not help them understand, ask the person if they can come
again and be accompanied by someone they trust;
some individuals with intellectual impairments do not have clear speech. See
Section 3.1.8 on persons with speech impairments for further guidance.
24
3.1.7 Persons with Mental Health Issues
Mental health issues is an umbrella term that covers conditions with a broad range
of symptoms which generally affect behaviour, emotions, thought processes and
relationships. Levels of severity vary and the person may be taking medication
and/or be under the care of a psychiatrist/psychologist/counsellor in order to keep
symptoms under control. Very often, mental health conditions are a hidden
disability.
3.1.7.1 Speaking with someone you know or think has a mental health condition:
remember that stress can be a trigger for the condition to manifest itself;
if the person appears sluggish, do not automatically attribute this to laziness.
Ask what you can do to make the person more comfortable and, as much as
possible, meet the person’s needs;
if the person appears agitated or has very high energy, keep calm and ask
what you can do to make the person more comfortable and, as much as
possible, meet the person’s needs;
if there is a crisis connected with a person’s erratic behaviour, keep calm and
try to support the person as best you can. Ask the person if there is anyone
you can call or anything that you should do to help them. If all else fails, call
the emergency service.
25
3.1.8 Persons with Mobility Impairments
Persons with mobility impairments may be able to walk unassisted, walk with the use of
assistive equipment such as crutches, walking sticks or walking frames, or use a
wheelchair.
If a person with mobility impairments is coming for the first time to your place of
work and they ask about physical accessibility, check the level of accessibility
carefully before you confirm whether or not the place is accessible. The
Accessibility Standards provide detailed explanations of what is required to
ensure physical access.7 The following are some quick reference points:
- If the person is coming with their own car, is there a reserved parking bay
close to the entrance; if someone is dropping them off, is it easy to park just
outside the entrance for the person to alight and enter the building; if the
person is coming by bus, how far is it to the nearest bus-stop and how easy is
to navigate the streets?
- Is there a step-free entrance to the building? If there is a step, how high is it?
If there is a ramp, what is its gradient? If there is a platform lift, is it in good
working order?
- If there is a lift inside the building, is the approach to it step-free? Is it in line
with the Accessibility Standards? Does the lift provide access to all floors?
- Is there an accessible bathroom that can be used by a wheelchair-user?
7 Equal Opportunities (Persons with Disability) Act Subsidiary Legislation 413.03 Accessibility Standards For All In A Built Environment Regulations http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=13030&l=1
26
3.1.8.1 Speaking to a person with mobility impairments:
those who are able to walk – whether or not assisted – may not be
able to remain standing for a long time and may therefore need to be
offered a chair;
if the person uses a wheelchair, sit down yourself (if no chairs are
available squat if possible) so that your eye-levels are the same;
do not lean on or touch the person’s wheelchair – it is part of their
personal space. For the same reason, do not hang bags or other items
onto the wheelchair, unless told by the person that you can do so;
if you need to move to a different part of the building and the
disabled person uses a manual wheelchair, ask the person if they
would like you to push the wheelchair or if they prefer to move it
themselves;
if there is a standing lunch as part of an event for employees and/or
customers, make sure that there are some chairs available as well as
low tables for those who cannot eat standing up.
3.1.9 Person with Speech Difficulties
There are many conditions that can cause a person to have difficulties in speech.
Among others, these include hearing impairment, autism, intellectual disability
(which are addressed separately above), or an impairment that affects the
production of flowing and fluent speech. Persons with any of these conditions may
have impaired speech such as omission or distortion of certain sounds, stuttering, or
27
a voice with an unusual pitch or volume. Some conditions, for example Tourette’s
syndrome, cause the person to have vocal or verbal tics. Examples include a person
who keeps clearing their throat or repeating a word (which may be a taboo word). In
such cases, it is important to keep in mind that the person doesn’t have control over
the tic.
3.1.9.1 Speaking to someone with unclear speech:
focus on what they are saying, rather than on the way that they are saying it;
if the person takes time to utter a word, do not try to finish their speech for
them;
if you don’t understand what the person is saying, do not pretend that you
have understood. Be honest about it and apologise for not being able to
understand. If after several repetitions you still cannot understand, suggest
an alternative means of communication, such as the person writing the key
words down (if they can do so) or being accompanied by someone who can
understand them correctly.
Some individuals’ speech may be too unclear for them to use to communicate
meaningfully, or they may not have any speech at all. It is important to keep in mind
that speech and communication are not the same thing. While speech greatly aids
communication, not having speech doesn’t mean that a person cannot
communicate. Individuals who do not have speech may
write down or type their responses;
28
use augmentative means of communication such as a communication device
or an app on their smartphone or tablet;
be assisted by someone they know well to communicate.
In such cases, the conversation may take longer than usual. Make sure that you
allocate enough time and avoid imparting information that can be passed on in
writing before or after the conversation.
3.1.10 Persons with Unusual Appearances
Some persons may have conditions that give them an usual appearance, such as facial
disfigurements, unusual body shapes, or a very small or very large stature. When
speaking to someone with an unusual appearance do not keep looking at the aspect of
the person’s appearance that appears unusual. On the other hand, do not avoid eye
contact with the person. Your behaviour should be the same as with any other person.
3.1.11 Persons with Visual Impairments
Persons with visual impairments may be partially sighted or they may only see very
little or not at all.
When a person has visual impairments, they may have reduced mobility, especially
in environments where there are obstacles in the route that the person needs to
take. Such obstacles include plant pots, small pieces of furniture, boxes and other
objects left in corridors, among others.
29
3.1.11.1 Speaking to a person with visual impairments:
Introduce yourself - if you are in a group, make sure that everyone introduces
themselves. This will enable the person to gauge how many individuals there
are and where they are located.
If you need to leave the room, tell them that you are leaving. Otherwise, they
may not realise immediately that they are on their own and end up talking to
themselves without realizing.
If you are in a room with a person with visual impairment and someone else
comes in, speak to the latter so that the person with visual impairment can
have an idea of who entered the room.
If you meet the person with visual impairment again, introduce yourself
again, unless the person has now got used to your voice enough to recognise
you when you speak.
If you meet a person with visual impairment whom you know and whom you
haven’t seen for a long time, don’t play any guessing game with them. Don’t
expect them to recognise you from your voice. Just say who you are.
If the person has a guide dog, remember that the dog is working. Do not pat
it or talk to it like you would a pet, unless the owner gives you specific
permission to do so.
30
3.1.11.2 Guiding a visually impaired person:
If you need to move from one place to another with the visually impaired
person, ask them if they need you to guide them. Keep the following in
mind:
Ask the person which side they prefer you to stay on and then
have them hold your arm just above the elbow or place their
hand on your shoulder. Make sure the person is walking half a
step behind you.
If you need to go up or down the stairs, or to come to a halt,
the person will normally be able to sense these changes
through your own movements. However, you can also inform
them about these changes.
Be attentive to obstacles on the floor or that may be jutting
out, especially ones that you are not used to noticing, and
warn the person about them, without making a fuss.
If you need to go through a narrow space, such as a doorway,
have the person walk behind you, while still holding on to your
arm.
3.2 Offering Help
A question that many non-disabled individuals ask regarding interactions with disabled
persons is whether or not they should offer to help the person concerned. This is an
31
important question, and the most straightforward answer is to ask the disabled person
whether or not they need any help. Most disabled individuals learn to do things in their
own way, finding ways to get round limitations imposed by their impairments. A
disabled person who may be perceived as struggling to do something may simply be
doing that thing in the way that is best suited for them. If you ask the person if they
need help, and the answer is ‘no’, it does not mean that the person is being rude. It
simply means that they do not need help. If the answer is ‘yes’, ask the person for the
best way to help them. In most cases, once you get to know a person better, the
interaction will become easier as you get used to each other. After all, this counts for
interactions among non-disabled individuals as well!
32
4 Disabled Individuals in the Workplace
Considering that work generally occupies around half of our waking day, the individuals
around us at the workplace can have a great impact on our general functioning and well-
being. It is important to keep in mind the diversity of the individuals around us at work in
terms of race, gender, ability, background and many other attributes.
Diversity in the workplace has the potential to greatly influence and alter organizational
effectiveness. If managed well, diversity can enrich the staff talent pool, enhance
innovation, broaden the customer profile and improve client satisfaction. If poorly managed
however, diversity can leave adverse effects on an organization such as increased
discrimination, poorer employee attachment and increased disengagement. It is for these
reasons that employers tend to thread carefully around the management of diversity
amongst staff.
Disabled individuals contribute to this diversity in the workplace. It is thus essential and
relevant to explore ways in which diversity, specifically with regards to disabled individuals,
can be managed to leave positive impacts on all employees, including disabled employees
and the organization at large. Section 4 explores the management of diversity in the various
aspects that make up employment.
33
Most employers look for talent, skill, determination and hardworking attitudes in their
employees. However, more often than not, employers fail to see these skills in potential
employees that have a disability. Disabled individuals have a fundamental right to access
paid employment. Yet more than that, and contrary to common misconception, disabled
individuals bring with them a number of benefits to an organization. Disabled employees are
generally:
dependable, motivated and committed in their work;
represent an untapped potential of skills and attributes beneficial to an employment
organization;
attract a diverse talent pool of individuals consequent to the barrier-free recruitment
strategies adopted, which in turn results in engaged, passionate and dedicated
employees.
Companies who employ disabled individuals, could also build their reputation and brand as
an employer which embraces diversity and inclusion in the workplace – a phenomenon
which most consumers and clients feel they can relate to within society. Thus, the company
image is perceived more positively.
4.1 What Jobs Can Disabled Individuals Do?
Often, employers believe that this question could be answered by presenting a list of jobs
that disabled individuals can do. Of course, it doesn’t work that way. Disabled individuals
34
can work in a vast range of jobs within any sector and at any level. Like any other jobseeker,
the jobs they look for are generally ones they are skilled, interested or qualified in.
As outlined in Section 3, disability is created by barriers which are formed within society,
preventing individuals from performing at their maximum. One major barrier which disabled
individuals face is stigma. Stigmatizing attitudes leave a negative impact on the relationships
between disabled individuals and those around them, be it a colleague, customer or
manager. Disability stigma can also lead to:
Stereotyping: disabled individuals are mistakenly viewed as a homogenous group of
helpless, unproductive and dependent individuals providing no value to the
workplace.
Discrimination: disabled individuals are denied access to employment, training
opportunities, role progression etc. because of inferior treatment that may itself be
based on the stereotypes that exist about them.
4.2 Disability Inclusion in the Workplace
Achieving disability inclusion in the workplace is a process, the aim of which is to provide
the support and accommodation that disabled employees may require for them to work at
their fullest potential. A vital step in this process is assessing disability inclusion within your
current workplace in order to become aware of:
staff attitudes around disability;
existing policies and procedures and how they may or may not impact a disabled
employee or customer;
35
physical accessibility within the company;
information and communication accessibility.
4.2.1 Staff Attitudes
Often, staff attitudes show hesitancy around disability due to a lack of understanding and
experience in having been alongside disabled individuals, in employment or in other life
domains. Such attitudes could be targeted through specialized training courses as outlined
in Section 15.2.
4.2.2 Policies, Procedures and Practices
It is also important to get an understanding of the policies, procedures and practices within
the company, and whether they ensure fairness and address non-discrimination.
Considering policies that address bullying, practices that respect self-disclosure; procedures
that ensure communication channels are suitable for all individuals working in the
company; are some examples to be considered.
Frequently, employers have queries about the condition or impairment of the disabled
individual, especially when it is not immediately evident or it is an invisible disability.
Indeed, each individual has the right to disclose or not disclose personal information about
their health, and also has the right to choose whether or not to identify themselves as a
disabled person or not, irrespective of any schemes available. There are different reasons
why a person may choose not to disclose their disability or identify themselves as having a
disability, despite other individuals identifying them as such. These reasons include fear of
being stigmatised, of being bullied and of losing their job.
36
From the company’s end, what is important is to maintain focus on skills and expectations,
as is done with all employees in general to understand what will support them to reach their
maximum potential. If there are issues that need to be addressed because the person’s
disability is affecting their work negatively, discussions should be handled sensitively and
focus on the job. Professionals with the appropriate expertise can also be consulted for
support in how to handle the situation.
4.2.3 Accessibility
Finally, reviewing the accessibility within the company; be it the physical environment,
information, transportation or communication. Workplace accessibility is not only about
ramps or lifts in the building, but is also about:
manuals and procedures which can be read in electronic formats or in other formats
that can be accessed by individuals with print disabilities;
easy-to-read versions of documents (or easy-to-read summaries of longer
documents) for individuals with intellectual disability;
electronic messages or online material which everybody can access and interact
with;
employment cycles including recruitment, interview, selection, induction,
promotion;
communication and training opportunities which can be accessed and benefited
from (for example, access to a training venue, use of various methods of
communication such as demonstration, sound, written text).
37
Companies that have accessible work environments are open to receive employees from a
broader talent pool as well as customers and the individuals accompanying them who may
have a disability or require accessibility. Accessibility is closely linked to universal design
which is discussed in greater detail in Section 15.2.
4.2.3.1 Web Content Accessibility Guidelines:
With the increased digitalisation of processes within our society, having accessible
websites is necessary for companies not only to ensure information is accessible to
their employees, but also to potential clientele. The Web Content Accessibility
Guidelines (WCAG) are organised by four main principles.
For web content to be accessible, it needs to be:
Perceivable: Information is presented in ways it can be perceived to
individuals across senses. This includes providing text alternatives (such as
large text, braille, speech), having content to be adaptable without losing
content or structure, and distinguishable such that it is easy for users to see /
hear content
Operable: Content and components on the user interface need to be
operable, such that an individual can perform all required functions. This
includes keyboard accessibility, enough time for content to be read or used,
avoid content that could cause seizures or physical reactions and navigable by
users to avoid them getting ‘lost’.
38
Understandable: Ensuring that users can understand the information and
operation of the user interface. Therefore, content should be readable and
understandable, predictable and have input assistance to help users avoid or
correct errors.
Robust: Content that is robust would be compatible with a variety of current
and future user agents such as assistive technologies.
4.2.3.2 ‘Reasonable’ Accommodation
In some instances, even in accessible workplaces, some individuals may require adjustments
to their workspace or to current work practices in order to allow them to perform at an
optimal level. Reasonable accommodation is the process by which an employer provides
the appropriate adjustment or modification which does not entail a disproportionate or
unnecessary burden, but which would ultimately support an individual with disability to
function at par with other employees. The following are some examples of reasonable
accommodation applied within the workplace:
A machine operator with arthritis has some difficulty to turn the control switches
(which are small knobs). These were replaced with larger cushioned knobs and
employee was given non-slip gloves to improve his grip when handling the knobs.
An employee with an intellectual disability had difficulty remembering the sequence
of tasks required in a filing system process. The supervisor provided written
instructions whereby each task was broken down into small, sequential tasks and
used a colour-coding system to make the task easier to follow.
39
4.3 Issuing a Vacancy Announcement
The recruitment process is generally kicked off with the posting of a vacancy
announcement. In Malta, vacancies are generally posted either on social media, through
recruitment agencies, on newspapers, websites or on the JobsPlus portal. Having a vacancy
announcement that is accessible to disabled individuals is essential. One of the main tools
employers use to advertise a vacancy is the internet, purely because of its ability to reach
large numbers of individuals remotely. Unfortunately, the internet has the power to support
social inclusion as much as it has the power to remain inaccessible for some individuals.
Very often, websites on the internet are created in such a way that they are inaccessible to
some disabled individuals having sensory, mobility or cognitive impairment.
4.3.1 Making a website more accessible:
the use of audio and visual content as an alternative to solely written descriptive
test;
the use of appropriate labels, colour and text intensity to provide added
attention to a particular Section;
avoiding busy designs that make reading or understanding more difficult;
having sections of the website accessible with just the use of a keyboard for
individuals having difficulty manipulating a mouse;
including descriptions of images.
40
Indeed, there are many other aspects to keep in mind when designing a website or an
advert to ensure accessibility. Although in some cases employers may choose to advertise
on their own website, in other cases they may choose to promote their vacancies on
advertising websites that are accessible.
4.4 Application Process
The principle function of any recruitment process is to find applicants with the relevant skills
and attributes to take on a role and carry out specific tasks within a company. Before even
having the opportunity to interview candidates, employers need to ensure that their
application process is accessible to all potential candidates. This includes:
having application forms in a variety of accessible formats;
allowing for application forms to be processed through various means (ex: by post,
online)
providing information and acknowledging the possibility of workplace
accommodations and workplace adjustments to encourage disabled persons to
apply.
A second aspect of the recruitment process which employers generally consider is the job
description. Some companies list requirements which are not essentially necessary for
particular roles, thus eliminating the possibility of having valid employees carrying out that
role. Evaluating the job description could also provide the employer with the opportunity to
be open to adapting certain roles differently. For example, a packer within a manufacturing
company may be required to clean up their workstation after each container. An individual
41
with a visual impairment may find the cleaning part difficult to carry out but might manage
to do the packing task effectively. Thus, adapting the role could involve the individual
continuing to focus on the packing role and the cleaning part being assigned to someone
else. The practice of job sharing can also enable disabled individuals to work and give a
valuable contribution to the workplace.
4.5 Interview Process
The process of interviewing a disabled candidate is similar to any other interview process,
with some exceptions and having some disability awareness will help an employer recognize
those exceptions.
If an employer is aware that a disabled person is attending an interview, it is always helpful
to ask what adjustments they may need for the interview. For example, an individual may
need the interview to take place in an accessible room; a Deaf person may need to book a
sign language interpreter; or a person with visual impairment may require more detailed
instructions to access the building. In this way, one would be pre-empting the possibility of
any uncomfortable situation developing during the interview.
Many employers are frequently unsure of what questions they could ask the individual.
Interview questions should be the same as those asked to any other candidate and should
be focused on the skills they possess and experiences they’ve had in relation to a particular
role. Questions about the adjustments the person may need to carry out inherent tasks are
42
acceptable to ask. However, any other questions specifically relating to the individual’s
disability are inappropriate (for example: how the individual acquired the disability or other
specific details).
An important aspect of interviews worth considering is that just as some employers have
had limited experience interviewing disabled persons, some disabled persons may too have
had limited experience of attending job interviews, possibly as a consequence of
discrimination during the application process. On the other hand, some disabled individuals
have had multiple interview experiences, while others require minimal accommodation to
carry out their role. Thus, it is always wise not to assume that an individual will find difficulty
to carry out specific tasks and give the individual the opportunity to prove themselves.
4.6 Other Recruitment Methods
Whilst some disabled individuals have the capacity to find and maintain employment
independently, others opt to seek assistance from specialized recruitment agencies such as
through the INK Project8 or Lino Spiteri Foundation9. As explained in Section 5.1, these
agencies provide support to employment related training, employment opportunities and
on-the-job support.
8 https://inkproject.com/ 9 https://linospiterifoundation.org/
43
4.7 Transition and Induction
Once a candidate has been selected, facilitating their induction into the company is a crucial
step to ensure the likelihood of greater positive outcomes. In some cases, some individuals
prefer to have a colleague / supervisor assigned to them as their point of reference
particularly in the initial stages of employment. This person would support or provide
guidance to the individual in times of need. In other cases, this point of reference is not
needed, and the disabled employee could manage independently as in the ordinary
induction phases. Hence, feedback is crucial to enable an employer to evaluate the level of
support required.
As with any new employment position, it is important to communicate clear expectations to
new employee/s as this gives them the opportunity to understand what is expected of them
and to find ways of achieving those expectations. Again, feedback and ongoing dialogue
between the employee and employer is important especially in this phase, in order to
evaluate performance and implement any adjustments that may be required.
In some instances, the process of job carving may be required, which is generally assisted
with the presence of a job coach as part of a supported employment strategy. Job carving is
the act of analyzing work duties and then modifying or customizing the role in such a way
that it can be successfully completed by the employee whilst also satisfying the needs of the
company.
44
It may also be useful to hold a peer preparation session with colleagues before the disabled
person starts employment. Such sessions can be especially useful if the person’s impairment
affects the way they interact with others (for example a person on the autism spectrum or a
person with a mood disorder). While peer preparation can be a useful way to create a
welcoming and inclusive environment for the disabled person, it needs to be handled
appropriately so as to ensure that the person’s human dignity and rights to data protection
are respected.
4.8 On-the-Job Performance & Performance Appraisal
We have already established that ongoing dialogue and performance feedback is a crucial
part of the induction process of an individual’s employment, and this also applies to the
employment of disabled individuals. Moreover, performance appraisals and formal reviews
to provide feedback on performance are also important.
Important aspects to consider when carrying out performance appraisals include:
ensure that barriers have been eliminated (accessibility in location where
performance appraisal is being held, the need for a sign language interpreter,
accessible formats of reports or other documents);
ask about what may be needed to maintain or enhance the person’s performance
(thus allowing for the opportunity to explore accommodation strategies that may be
needed);
provide honest and constructive feedback;
45
use the process as an opportunity to review that the reasonable accommodation and
support that have been put in place are still effective or whether changes need to be
made.
It is a reality that, whilst performance feedback is generally satisfactory and positive, in
other instances an employee’s performance may also be unsatisfactory. In cases of
unsatisfactory performance, it is considered good practice to:
engage in an open and comfortable discussion with the employee to understand the
issues being faced and explore ways of overcoming any difficulties;
consider any adjustments or accommodations that can be made that will assist the
individual with their performance. Possible adjustments could also include changing
tasks or workstations;
consider whether the difficulties being encountered are at least partly arising from
difficulties with interactions with colleagues and/or superiors;
if performance continues to deteriorate for reasons which are within the control of
the individual and despite support provisions made by the employer, disciplinary
action may then be considered. The process of disciplinary action provided should be
in line with the Employment and Industrial Relations Act10.
10 Chapter 452 - to consolidate, with amendments, the Conditions of Employment (Regulation) Act (Chapter 135) and the Industrial Relations Act (Chapter 266) focusing on Employment Relations, Industrial Relations and Supplementary Provisions.
46
4.9 Career Progression
When an individual enters a role within a company and performs effectively, very often they
develop within their role and take on added responsibilities and new tasks, which are
complemented with salary increments and applicable title. In fact, job progression is an
integral part of being in employment and it is as relevant for disabled employees as it is for
most employees in general. Often however, disabled employees find themselves ‘stuck’
within the same role, at the same level and with the same wage for years on end. In other
instances, disabled individuals are employed in ‘dead end’ jobs, which simply enables
employers to satisfy legal requirements. Disabled individuals should not be made to simply
be grateful that they have a job at all but should be enabled to give a valuable contribution
to the workplace, to the maximum of their potential, just like their non-disabled colleagues.
Furthermore, training is another crucial aspect of progression. It is fundamental that in-
house or external training opportunities are made available to all employees, including
disabled employees and that the necessary accommodation is made to ensure the
individual’s maximum participation in the training.
Progression and development is something most employees look for because it provides
added motivation for the individual to continue developing their skill and competence.
4.10 Best Practice
While disabled individuals are all different from each other, by virtue of being a part of
human diversity, and while no two employment situations of disabled individuals are the
47
same, examples of best practice can provide guidance about what can be done to create
inclusive workplaces. The three examples presented below occurred in Malta.
4.10.1 Succeeding with the second attempt
A Maltese company decided to employ a disabled individual for an identified role. The
individual attended an interview and was selected amongst a few disabled individuals
referred to the company by the Lino Spiteri Foundation (LSF). Despite the individual
receiving the support of a job coach, the individual struggled to cope in the role assigned to
him. With the support of the LSF, the company learnt from the experience and were able to
identify what was productive and what wasn’t and ensure the success of the employment
process.
With these experiences in mind, the company engaged with Lino Spiteri Foundation again in
an attempt to find another better suited individual to the vacant role in the company. The
second individual selected was once more supported by the Lino Spiteri Foundation and the
induction process was adjusted in line with the learning experiences gained by the company,
to ensure that the person adjusted successfully to their role.
As a result, the induction process and engagement experience were this time more positive.
The individual was engaged successfully. Thus, rather than assuming that employing
disabled individuals is difficult, because of problems encountered in the first attempt, the
company identified what it needed and was able to recruit an individual who was better
suited to carry out the role with the right support and adjustments in place.
48
4.10.2 Discovering an employee’s potential
A company employed a Deaf person. Although her speech is not very clear, she can lip-read
and can talk. At first, her colleagues and superiors found it very difficult to communicate
with her. However, with time an effective way of communication was established. As the
company got to know this employee better, it became clear that she was a valuable team
member, so much so that she is described as a ‘team builder’. Her skills went beyond being
able to carry out the tasks directly related to her job. These skills are now being used by the
company as she supports her supervisor and is an instructor for new employees.
4.10.3 Making discrete adjustments
One of the employees in a company has social communication difficulties and likes his
routines and working in a structured environment. For his superiors it is clear that he is on
the autism spectrum, even if he has never identified himself as autistic. His difficulties were
observable even during the recruitment interview. This did not stop the company from
recruiting him as he was considered the best candidate for the job. The team he works in is
aware of his difficulties and has developed ways and means to address them.
49
5 Sources of Support, Training and Information
5.1 Support
As indicated listed in Section 2, several entities in Malta provide support services for
companies who employ or intend to employ disabled persons. These support services also
provide employers with the opportunity to become more aware of existing workplace
barriers and thus be more equipped to overcome them.
5.1.1 CRPD11
The Commission for the Rights of Persons with Disabilities (CRPD) is responsible for
monitoring the implementation of the Equal Opportunities (Persons with Disability) Act (see
Section 16.2). It is also the appointed independent representative of the UNCRPD with the
aim of protecting, promoting and monitoring the implementation of its international
Convention/s (see Section 16.1). The CRPD works towards the elimination of any form of
direct or indirect discrimination against disabled individuals or their families and provides
them with the necessary assistance or support.
Apart from investigating acts of discrimination based on disability, (as explained further in
Section 16.3) the CRPD also provides support and information to individuals or
organizations to ensure compliance with legislation safeguarding disabled individuals’ rights.
11 https://crpd.org.mt
50
One area in which the CRPD provides support is through the Accessibility Standards
(additional info in Section 3.1.8) which specify built environments requirements to be
accessible for all. These standards serve the function of supporting the design of spaces
which are barrier-free. They can also be a point of guidance for companies to making
alterations within existing environments with the aim of increasing accessibility.
Whenever the CRPD receives a disability-linked discrimination complaint, it first determines
whether this discrimination has/is actually occurring by taking into account submissions
made by all parties (i.e. the individual and/or entity mentioned in the complaint). It then
works with the individual or entity (that may be an employer) to resolve the issue, providing
advice and support where necessary. Cases are only taken to court or to a tribunal if the
cause of discrimination remains unresolved. It should be noted that recent research
commissioned by the CRPD indicates a 100% satisfactory outcome whenever CRPD was
involved in a complaint regarding discrimination in the workplace.
The CRPD is considered the ‘go-to’ source of information and guidance on disability issues in
general.
5.1.1 JobsPlus 12
The JobsPlus is the ‘go to’ source for information and guidance on employment. JobsPlus
main function is Malta/’s public employment service where it provides guidance and
12 https://jobsplus.gov.mt/job-seekers-mt-MT-en-GB/guidance-services/inclusive-employment-services
51
support to jobseekers to find employment, training to improve employability skills, whilst
also acting as a supportive recruitment platform for employers looking to engage
employees.
JobsPlus is also the body responsible for a number of schemes which support employers as
well as the more disadvantaged jobseekers. Such schemes13 include:
Access to Employment
Bridging the Gap
Tax Incentives
Traineeships, Work Exposure and Work Placements
Work Programme Initiative
Youth Guarantee
5.1.2 Lino Spiteri Foundation (LSF)14
The enforcement of The Persons with Disabilities (Employment) Act (Cap. 210) led to the
establishment of the Lino Spiteri Foundation (LSF), whose role is to support the employment
of persons with disabilities and mental health conditions in the workplace. Through its
service, the LSF aims to support both employers and individuals to reach sustainable
employment opportunities. The LFS’s services are divided into three main areas:
Corporate Relations Unit: This unit acts as a platform and ‘go-to’ unit for companies
requiring support, guidance or information in the process of employment specifically
in aspects relating to disabled (prospective or current) employees. Their services
include:
13 https://jobsplus.gov.mt/schemes-jobseekers 14 https://linospiterifoundation.org
52
o Job carving to find or create an adequate vacancy or position
o Recruitment services support
o Onsite support for employed disabled individuals
o Support in the application processes for schemes and other incentives
o Continued follow on support
Profiling and Guidance Unit: This Unit supports disabled individuals both in finding
as well as maintaining employment if they are facing some issues at work. Acting as a
recruitment firm, the unit creates an action based on their skills, interests and
potential for employment. Individuals are then referred vacancies which match their
interests and experiences.
Job Coaching Service: This unit provides the service of job coaches who take an
individualized approach to providing support to disabled employees or employees
with a mental health condition either onsite at the place of work or off-site from the
workplace. It is important to note that the length of time that job coaches stay with
a person will vary according to the latter’s support needs, but their service is not
meant to be permanent. They can, however, attend the person’s workplace from
time to time, should the need arise.
53
5.1.3 Richmond Foundation 15
The Richmond Foundation is a non-governmental organization aimed at supporting
individuals experiencing mental health problems, throughout various aspects of life. One of
their many services provided is the Staff Organization Support Programme (SOSP) aimed at
promoting mental health wellbeing in the workplace. The service is provided to
organizations who wish to promote mental health wellbeing within their workforce. The
service includes:
Policy consultancy to develop and implement a tailored Mental Health Policy;
Stress prevention by providing management with tools to deal with employee issues
relating to stress;
Employee counselling through sessions with one of the service’s counsellors,
psychologists and therapists;
Prevention and training strategies to educate management and employees on
aspects related to mental health such as work life balance, stress and wellbeing (see
Section 5.2.1);
Personalized support for individuals returning to work after a long absence from
work due to mental illness.
The Richmond Foundation offers its services through agreement with individual companies
and hence such services come at no cost to employees.
15 https://www.richmond.org.mt
54
5.1.4 Aġenzija Sapport (INK Project) 16
The INK Project, which is financed by the European Social Fund (ESF), is managed and
implemented by Aġenzija Sapport and aims at continuing to strengthen the social inclusion
of disabled individuals in employment. The project’s aims include six independent living
hubs which will serve as facilities from where the training can be provided.
5.1.5 Occupational Therapy
Occupational therapists can provide valuable guidance in creating custom-made solutions
for disabled individuals in the workplace. Entities that provide such support in Malta
include:
Karin Grech Rehabilitation Hospital17 as well as other hospital and clinical settings which
the disabled person may be frequenting, especially if they have an impairment acquired
in adulthood;
Sonia Tanti Independent Living Centre, run by Aġenzija Sapport, through which
occupational therapists provide advice regarding assistive devices that are best suited
to each disabled individual’s needs;
occupational therapy assessment services provided by JobsPlus which also liaises with
LSF in this regard.
16 https://sapport.gov.mt 17 https://deputyprimeminister.gov.mt/en/kgrh/Pages/kgrh.aspx
55
5.2 Training
In addition to obtaining individualised support, it is also useful to receive training and gain
information about the employment of disabled individuals more generally.
5.2.1 Mental Health First Aid
The Richmond Foundation (as also outlined in Section Error! Reference source not found..4)
s a specialized service provider in mental health. The Foundation is also a licensed Mental
Health First Aid (MHFA) provider and provides multiple courses per year on Mental Health
First Aid18. The course aims at providing the necessary knowledge and skills to support
friends, colleagues or family members that are experiencing mental health problems.
Richmond recognizes that mental health at the workplace can be of concern to
organizations. For this reason, courses are organized with the aim of training managers, HR
personnel and other staff to recognize when an employee may be struggling with mental
health concerns and ways in which that person could be supported.
Course participants are certified as Mental Health First Aiders with the organization. First
Aiders are required to attend a refresher course every three years to maintain their
certification.
5.2.2 Disability Equality Training
The Commission for the Rights of Persons with Disability (CRPD) offers Disability Equality
Training to many public and private organizations. The course enables participants to
18 https://www.richmond.org.mt/our-services/mental-health-first-aid-courses/
56
become aware of how disabling barriers constructed by society are, whether physical or
attitudinal, the negative influence on disabled persons lives, and what can be done to
remove them. The training also covers terminology related to disability and disability
etiquette, which is the common do’s and don’ts when interacting with disabled individuals.
A unique feature of this training is that it is run by disabled individuals themselves or their
family members. The course can either be a one-off session or a full course and can be
adapted to the needs of individual organizations.
5.2.3 Making Documents Accessible
Documents should be written in a style that is accessible to individuals with print disabilities
such as dyslexia and visual impairment. Using a sans-serif font and not justifying the right
margin (as with this document) are two ways of making online and printed documents
accessible. Regarding the latter, using cream coloured paper also enhances accessibility.
Document design should be as simple as possible – without being dull. Unless it is an official
report or other technical document, jargon and complex sentences should be avoided. The
Malta-based Foundation for Information Technology Accessibility (FITA19) (See below
Section 5.2.4) provide guidance on designing accessible websites (see also Section 4.2.3.1).
There are also various websites that provide guidance on producing easy-to-read
19 https://fitamalta.eu/
57
documents for persons with intellectual disability, such as that given by CHANGE, a UK-
based organisation.20
5.2.4 Foundation for Information Technology Accessibility (FITA)21
FITA is the principle advocate and coordinator for the accessibility of information
communications technology (ICT) accessible for disabled individuals. It provides support
both to disabled individuals as well as organizations or service providers with the aim of
overcoming or removing barriers to education and employment through ICT. FITA is
knowledgeable in the various technological hardware or software that can assist an
individual to be more independent through ICT adaptations such as:
Facebook Guide – Social networking course for blind and visually impaired
individuals
Screen magnification software
Maltese speech synthesizer which converts Maltese text to audio
Handsfree typing or headtracking software
FITA has also been involved in several research projects and has also published many
manuals and factsheets on this area. Staff also provide feedback and support on specific
20 https://www.changeindividuals.org/getmedia/923a6399-c13f-418c-bb29-
051413f7e3a3/How-to-make-info-accessible-guide-2016-Final 21 https://fitamalta.eu
58
devices or specialized equipment relating to ICT, and advice on how to make websites
accessible.
5.2.5 Universal Design
The concept of Universal Design 22advocates for the design and composition of an
environment which can be accessed, understood and used by as many individuals as
possible, regardless of their age, size or ability.
The Seven Principles of Universal Design were developed by a group of architects,
engineers and researchers with the aim of facilitating and guiding the process to create
more usable environments and products23. The principles are as follows:
1. Equitable Use: The design can be useful and made attractive to individuals with
diverse abilities. For example, designing a website that is accessible to everyone
including individuals who have visual impairment and make use of a screen reader,
or have other print disabilities.
2. Flexibility in Use: The design incorporates a variety of individual preferences and
abilities allowing for choice in the methods for use. For example, an exhibition
having the option for written material to also be available in audio format.
22 http://universaldesign.ie/ 23 http://universaldesign.ie/Products-Services/
59
3. Simple and Intuitive Use: Design that is easy and simple to use, regardless of the
user’s experience, knowledge or language skills. For example, having equipment or
technology with clear and easy to understand control buttons.
4. Perceptible Information: Design which communicates the necessary information
effectively regardless of the environmental conditions or the user’s sensory abilities.
For example, a television programme which is being shown in a noisy restaurant
which also has captions.
5. Tolerance for Error: Design which minimizes hazards or negative consequences from
mistakes or errors. For example, a software application which provides instructions
and guidance when a user makes an inappropriate selection.
6. Low Physical Effort: Design that can be used effortlessly, comfortably and efficiently,
requiring minimal fatigue. For example, a door which open automatically for
individuals with varying physical characteristics.
7. Size and Space for Approach and Use: Design which ensures appropriate space and
size for adequate use and manipulation regardless of the user’s posture, size or
mobility. For example, a flexible work area designed to be used by employees who
are left / right handed, or use a wheelchair, etc.
These guiding principles should be the basis on which adjustments are made in the
workplace to take into account the specific needs of the disabled person vis a vis their
specific work environment.
60
5.2.6 JobsPlus Training Courses
JobsPlus offers various training courses of varying lengths aimed at upskilling individuals
according to labour market needs and which include:
Employability Skills
Vocational Education and Training Award in Office Procedures (EQF 3)
General Education Award in Advanced Business Accounting (EQF 4)
Certificate in Stone Masonry and Brick Layering
Vocation Education and Training Award in Principles of Electrical and Electronic
Engineering (EQF 3)
5.2.7 Employee Assistance Programmes
Disability is only one of many factors that can give rise to difficulties in the workplace.
Having the infrastructure to deal with these difficulties can help ensure the wellbeing of the
individual affected by a problem and that of their colleagues, thus ensuring a healthy and
productive workplace environment. For example, Caritas Malta runs an Employee
Assistance Progamme that covers a wide range of problems that may affect job
performance.24 Any employer or employee can seek assistance from this programme. Public
service employees can also avail themselves of the Employee Support Programme.25 Large
employers may have, or may consider having, their own in-house programme.
24 https://www.caritasmalta.org/services__trashed/agency/ 25https://publicservice.gov.mt/en/individuals/Pages/IndividualsSupportandWellbeing/EmployeeSupportProgramme.aspx
61
5.3 Disability-Related Processes & Support Measures
There are three Disability Registers in Malta that assess a person’s disability and provide
access to various support measure (including benefits and or fiscal incentives). These
existing Disability Registers are administered by Jobsplus, CRPD and Social Security
Department and are outlined below.
5.3.1 Jobsplus Employment Registration
Registration is a process which supports an individual’s passage into paid employment.
Once an registered (for employment), individuals become eligible to receive a range of
Jobsplus services aimed at improving their employability and their pursuit and uptake of
employment. When registering for employment, individuals also gain automatic access
to an electronic automated matching system to various employment opportunities.
A specialized registration service is provided for disabled persons which is jointly
managed and operated by JobsPlus and the Lino Spiteri Foundation. Thus, individuals
registering for employment with JobsPlus as Disabled Persons are provided with a
individualised matching service, which considers skills, attributes and accessibility when
pairing individual and employment. The aim is to bring both disabled individuals closer
to the labour market and organizations and employers closer to disabled individuals
actively seeking employment.
Employment & Disability Support Measures
62
As of 2015, the Maltese Government also introduced several measures aimed at
increasing the employment rate of disabled individuals, including:
Access to Employment (A2E): The project is part-financed by the European Social
Fund and provides employment aid to companies that employ individuals facing
added barriers to employment (such as disabled individuals). Companies
employing registered disabled persons could benefit up to €128 per week for a
maximum of 156 weeks.
NI Exemption: Companies employing registered disabled are exempt from paying
the company’s share of social security contributions for that employee.
Application for Fiscal Incentive: This is applicable for companies which already
have a disabled person in their employment and/or who are not eligible for the
A2E scheme. With this incentive, companies are eligible to claim back the
equivalent of 25% of the registered disabled person’s basic wage, up to a
maximum of €4,500 per individual.
Companies having 20 employees or more and who do not have 2% of their workforce
made up of disabled individuals (registered with the Jobplus database) are required to
make contribution payments. These contributions range (per employee) from €800 in
the first year of not being in line with the quota to €2,400 by the third year, and capped
at €10,000 per company.
Hence the Jobsplus employment register provides disabled individuals support to access
and/or maintain employment, whilst also providing financial assistance to companies.
63
5.3.2 Other Disability Registers
In addition to the Jobsplus Register (outlined in Section 5.3.1), the CRPD and Social
Security Departments also administer other Disability Registers.
The CRPD Register of Persons with Disability is applicable for disabled individuals of all
ages from birth right through to old age. Individuals on this register are eligible to apply
for the EU Disability Card which entitles holders to benefits from various organisations.26
Disabled persons who have severe mobility impairments may also be entitled to the Blue
Badge parking card.27
The Social Security Register consists of disabled individuals, generally aged 16 and over,
who are eligible to receive financial assistance from the Social Security Department.
Currently the register consists of four categories, namely:
Increased Severe Disability Assistance
Severe Disability Assistance
Disability Assistance
Assistance for the Visually Impaired
All the three national Disability Registers are independent, separate and optional. Thus,
an individual has to apply separately for each register to enable access to all information
and support measures applicable in all three. Hence an individual needs to be listed on
26 https://www.eudisabilitycard.org.mt 27 https://crpd.org.mt/services/blue-badge/
64
the CRPD or the JobsPlus register to be considered as part of the 2% quota for a
company having 20 or more employees. Only individuals registered on the JobsPlus
register will be considered for employers to benefit from the financial incentives
outlined in Section 5.3.
65
6 What the Law Says
Nowadays there is widespread recognition of disabled individuals’ rights and that upholding
these rights is one of the most important ways to limit the difficulties disabled individuals
encounter in their daily lives, including in employment. There are currently different
legislative instruments that are relevant to the world of work and employment.
6.1 The United Nations Convention on the Rights of Persons with Disabilities
(UNCRPD)
The UNCRPD was adopted by the United Nations General Assembly in 2006 and is the most
comprehensive legislation upholding the rights of disabled persons. It was ratified by the
Maltese government in 2012. The purpose of the UNCRPD is ‘to promote, protect and
ensure the full and equal enjoyment of all human rights and fundamental freedoms by all
persons with disabilities, and to promote respect for their inherent dignity’ (Article 1).
Article 27 (Work and employment) sets out the rights of disabled individuals in the world of
work. It affirms that they have the same right to work as other persons. This means that
disabled individuals should have the same opportunities as others to work in the open
labour market, in work environments that are inclusive and accessible. In order to ensure
that this right is realised, there needs to be legislation that prohibits discrimination on the
basis of disability in all matters related to employment.
66
Furthermore, opportunities for employment and for career advancement need to be
promoted, as well as providing support in finding and retaining employment. Article 27 also
states that there should be opportunities for disabled individuals to be self-employed and
start their own business, and to work both in the public and the private sector. These
opportunities can be ensured through affirmative action, incentives, and the provision of
reasonable accommodation. Furthermore, disabled individuals have a right to opportunities
that enable them to acquire work experience and to follow vocational and professional
rehabilitation programmes that enable them to return to work following the acquisition of a
disability and to retain their job where possible.
6.2 The Equal Opportunities (Persons with Disability) Act (Cap. 413) (EOA)
Enacted unanimously by Parliament in 2000, the EOA establishes the rights of disabled
individuals in various aspects of life. It also makes it unlawful to discriminate on the basis of
disability, with a focus on the areas of employment, education, access, provision of goods,
facilities or services, health, and accommodation.
The EOA does not provide a definition of ‘discrimination’ in its interpretation clause.
However, it does provide a comprehensive definition in Part III entitled ‘Disability
Discrimination’ and identifies the various scenarios whereby discrimination on the basis of
disability may subsist, the most all-encompassing of which is:
In circumstances which are similar or are not materially different, treating or
proposing to treat a disabled person less favourably than a non-disabled person,
including if this treatment is based on assumptions about presumed characteristics
of a group of persons with disability.
67
Other scenarios include;
not providing access or accessible information;
not providing information about accessible facilities and services that are available;
not helping a disabled person in procedures such regarding investigations and giving
evidence;
using disrespectful language with reference to a specific disabled person or to
disabled individuals collectively;
making a disabled person comply with a requirement that most non-disabled
individuals are not required to comply with and which is unreasonable in those
particular circumstances;
applying conditions or using practices which appear to be neutral but which in fact
discriminate against disabled individuals;
treating or proposing to treat a disabled person less favourably because they use
assistive means or are accompanied by someone providing them with support;
harassing a disabled person;
victimising a disabled person who makes a complaint about discrimination;
The EOA also recognises multiple discrimination subsists whenever a person is discriminated
against because of their disability as well as other characteristics, such as age, gender,
sexual orientation, beliefs or ethnicity. Actions that inhibit the expression, social integration
or social and economic improvement of a disabled person are also considered
discriminatory, as is depriving a disabled person from legal protection and rights.
68
Discrimination in various areas in one’s life
Part IV entitled ‘Prohibition of Disability Discrimination’ deals with a number of areas where
discrimination may subsist, the first being ‘Employment’, which is defined as “work under a
contract of service” Such area, tackled in Articles 7-10, applies to ‘a qualified person with a
disability’, that is a person with disability who has the right qualifications for a specific job.
Furthermore, one should also note that the scope of the articles mentioned above is wide
and encompasses all aspects related to employment, including the recruitment process;
employment, promotion and dismissal; salaries; training; and union membership. (It is
important to note that the following is a brief explanation of the content of these articles
and that it is essential to refer to the exact wording in the law itself).
According to these articles, distinctions cannot be made between disabled and non-disabled
individuals which affect the former negatively, nor can there be any arrangement or
relationship that leads to discrimination against a disabled person. Additionally, there
cannot be a set of standards, criteria or other arrangements that appear to be the same for
everyone but which in effect discriminate against disabled persons. Likewise, one cannot
use tests or selection criteria that result in disabled persons being automatically screened
out, unless there are valid reasons to do so which are connected with the nature of the job –
for example to determine whether or not a disabled person can perform job-related
functions or in order to identify costs involved in making necessary adaptations. Most
certainly, an employer cannot submit disabled individuals to medical or other types of
assessment simply because they have a disability.
69
On the other hand, if there are tests that are administered for all employees or prospective
employees, failure to administer them for disabled persons can also result in discrimination,
since this would lead to the disabled person not being able to prove their skills and
aptitudes. If it is the practice of an employer to require new recruits to undergo a medical
examination prior to taking up employment, then disabled individuals can also be asked to
undergo this examination. Medical examinations may include psychological assessments, if
these are relevant to the job.
Any information obtained from such an examination must be kept securely, in a separate
medical file and confidential must be ensured. However, the employer may consider it
appropriate that supervisors or managers are informed about an employee’s disability, if
this entails alterations in the workplace. Likewise, first aid and safety personnel can also be
informed of an employee’s disability if emergency treatment is being given and any special
precautions need to be taken because of the disability.
These articles also specify that discrimination against persons who are closely associated
with a disabled person (especially family members) is also prohibited.
Failure to make reasonable accommodation is also discriminatory. This applies with regards
to both current and prospective employees. Thus, an employer cannot refuse a disabled
person employment because recruiting them would entail making changes to the
workplace. However, it is important to note that what the law requires is reasonable
70
accommodation – therefore if the alteration that is required will unduly prejudice the
operation of the company or organisation run by the employer, then it is considered
reasonable not to make such alteration.
In this regard, Article 7 (4) specifies factors to be taken into consideration when assessing
whether or not the required alteration is reasonable. These factors include:
(a) the nature and cost of the alterations;
(b) the overall financial resources of the workplace involved in the making of the
alterations;
(c) the number of employees at the workplace requiring alterations;
(d) the effect on expenses and resources and the impact of the required alterations upon
the operation of the workplace;
(e) the overall financial resources of the employer;
(f) the overall size of the business of the employer including the number of employees,
and the number, type and location of its workplaces;
(g) the type of operation or operations of the employer, including the composition,
structure and functions of the work-force; and
(h) the availability of financial assistance from public funds to defray the expense of any
alterations.
71
The article further specifies what reasonable accommodation includes in the area of
employment, as found in 7 (5):
a. making existing facilities used by employees readily accessible to and usable by
persons with disabilities;
b. restructuring jobs, instituting part-time or modified work schedules, reassigning
vacant positions, acquiring or modifying equipment or devices, appropriately
adjusting or modifying examinations, training materials or policies, providing
qualified readers or interpreters, and making any other similar alterations for a
person with a disability; and
c. quality and vocational career guide, which guide shall be free for the person with
disability.
Furthermore, Article 9 makes it unlawful for trade unions and employment agencies to
refuse membership or services to a person on the grounds of disability, or to provide a
reduced service. In the case of employment agencies, it is not considered discriminatory if
the agency does not offer employment to a disabled person who does not have the
requisite certification or skills or who cannot do a specific job because of their impairment.
Legal technicalities Reversal of the Burden of Proof and Supremacy Clause
Whereas usually whoever he who makes a claim (in this case alleges that he is being
discriminated) has the duty to prove such claim, whenever a claim is made under the EOA,
the burden of proof is reversed. That is, the part who is being claimed of causing
discrimination must prove that such discrimination did not subsist. Thus, if an employee
72
claims that no reasonable accommodation was granted by his employer, it is incumbent
upon the employer to prove that his actions did cause the employee to be discriminated
against.
Furthermore, one should also bear in mind that whenever a conflict arises between a piece
of Maltese legislation (save for the Constitution of Malta and restricted number of other
laws) and the EOA, the provisions of the EOA prevail.
Other considerations
The EOA also established the Commission for the Rights of Persons with Disability (CRPD)
and its role. Among other things, the CRPD has the role of offering advice – including to
employers – about providing access for disabled individuals, promoting equal opportunities
and avoid discrimination. It also has the power to investigate complaints of discrimination
and, if necessary, to take these cases to court.
6.3 The Persons with Disability (Employment) Act (Cap. 210)
This law has been on the Maltese statute books since 1969. One of its most significant
features is the requirement for employers employing not less than twenty persons, to have
a quota of disabled employees, who are on the Register of Persons with Disability
maintained by Jobsplus. The quota of 2% was established in 1995 by the Standard
Percentage of Employment of Persons with Disability Order (S.L. 210.02). Article 16(5) of the
Act specifies that on estimating the quota, fractions of less than one-half or less are to be
disregarded, while fractions of one-half or more should be rounded up to the nearest whole
73
number. Article 17 also states that a severely disabled employee, is to be considered as two
units for the sake of establishing the quota reached by the employer.
Employers who fail to meet the quota are required to pay an annual contribution of €2,400
for every person with disability that should be in their employment, to a maximum of
€10,000.
74
7 Some myths about disabled individuals in the workplace
Disability and impairment have been around for as long as human beings have existed.
However, the distinction between the two has only come to be appreciated relatively
recently. After all, it was from the 1960s onwards that disabled individuals started
campaigning for an inclusive society that took their impairment-related needs into account.
Unfortunately, despite this new knowledge about the nature of disability, many myths and
misconceptions still thrive. As a result, some individuals base their actions and decisions on
their own preconceptions of what is disability and of what disabled individuals need, rather
than on the reality as it is experienced. It is therefore important to address some myths
about disability, especially in relation to the workplace.
Disabled individuals’ productivity is less than average
It is true that there are disabled individuals whose impairment stops them from being as
productive as their workmates. But that does not mean that all disabled individuals are less
productive, regardless of their impairment or its severity. Nor does it mean that disabled
individuals are less productive in all jobs. Moreover, putting reasonable accommodation in
place contributes to increased productivity.
Disabled individuals take a lot of sick leave
Disabled individuals are not necessarily ill. There are impairments and medical conditions
that force a person to take sick leave when they are very unwell, but this is not the case for
75
all disabilities. In fact, most disabilities are related to conditions that individuals manage and
live with without becoming ill.
Disabled individuals are the best employees, they hardly ever take vacation or sick
leave and are very dedicated to their job.
This myth contradicts the two above. It may be true that there are certain disabled
employees who prefer to be at work than anywhere else. They love their job and may also
have difficulties in maintaining a social life, so being at work also becomes a way of being
with others. But this does not apply to all disabled individuals. More generally, however,
disabled employees are loyal workers because they know just how difficult it is to get a job
and so when they manage to get a job they really value it.
Disabled individuals are too demanding and the adjustments they need to be able
to work are too expensive.
There is plenty of research that shows that most adjustments to the workplace cost little or
nothing at all. It is also important to keep in mind that what appear to be excessive
demands – for example when it comes to measurements of door widths, ramp gradients, lift
sizes, etc – are actually the minimum requirements that ensure accessibility for all. What
may seem like a few centimeters here and a few degrees of a gradient there can make all
the difference for a person with mobility impairments to be able to enter a building. In other
instances, slight adjustments to work practices can solve any issues encountered without
any costs being incurred. Such changes can include flexible working arrangements or
adapting the work schedule. Anti-discrimination legislation – such as the Equal
76
Opportunities (Persons with Disability) Act – ensures that the changes that need to be made
do not place undue burden on the employer, by applying the principle of reasonable
accommodation.
Employers can’t be expected to make different adjustments for each disabled
employee.
Most disabled individuals do not need complex adjustments in the workplace. It is very
often more a question of their being able to work in an inclusive environment. Where
adjustments need to be made, most of the arrangements put in place are likely to benefit
most other employees. They are also likely to be beneficial to customers and visitors to the
company. Adjustments may include lifts, having an obstacle-free environment, ensuring
that documents use styles that enhance readability, and ensuring that meetings rooms have
good acoustics, among others.
The adjustments needed to make workplaces accessible are too complex. I
wouldn’t know where to start.
Most disabled individuals develop their own solutions, with support and advice from the
relevant health professionals, and are knowledgeable about the adjustments they may
need. If they are in need of assistive technology, it is likely that they own it already –
especially when it comes to mobility aids that they use throughout the day, regardless of
where they are. Moreover, most disabled individuals prefer to use their own assistive
devices. If specific equipment needs to be bought for the workplace, it is most often not
very expensive (for example an ergonomic chair, a height adjustable desk, a modified mouse
77
or keyboard, a visually alerting fire alarm, or information in electronic format). It is useful to
start by asking the individual what they need. Where necessary, there are agencies and
professionals that can guide employers about the adjustments that need to be made (See
Section 5 for further details).
Disabled individuals should be grateful that they have a job at all. They shouldn’t
make more demands on the employer.
Disabled individuals have the same rights to work as everyone else. And, like other workers,
they should have the opportunity to progress in their career, according to their potential. It
is not just about having a disabled person on the payroll. It is also about giving that person
the same opportunities as their colleagues to give a valid contribution to the company.
Employing disabled individuals amounts to positive discrimination and that’s unfair
on others.
Disabled individuals are given jobs that they have the right qualifications for, just like any
other applicant. If they are given reasonable accommodation, it is to ensure that they are on
a par with other workers. The accommodation is there to address the difficulties that arise
from the interaction between their impairment and the work environment.
78
Employing a disabled person is risky because it is impossible to fire them even if
they don’t do their job well.
The Equal Opportunities Act makes it unlawful to discriminate on the grounds of disability.
Therefore, a person’s employment cannot be terminated simply because they have a
disability. Disabled employees should be held accountable to the same standards as the
other employees. If the person is having difficulty in doing the work they were employed to
do or is engaging in behaviour which is problematic in a workplace context, the employer
first explores whether there are any obstacles that are hindering the disabled person from
performing their work well, or if any support measures can be put in place to address any
problems. If all reasonable measures have failed or the person proves not to be capable of
the work, the employer is justified in terminating the contract, according to the relevant
legislation and practices that apply to all workers.
Disabled individuals should be obliged to disclose their disability at the interview. If
they don’t, employers should be able to fire them.
It is the disabled person’s right to choose what personal information to disclose during the
interview and after recruitment. If they have a condition that does not in any way interfere
with their job, they are not obliged to say anything about. If, after recruitment, it becomes
apparent that they have a condition which is impinging on their work, the issue can be
tackled with them in a sensitive manner.
79
Giving money to or helping out disability organisations or disabled individuals
is enough. There is no need to employ them as well.
Charitable donations and activities that support disability organisations (for example helping
out with the maintenance of a building) can be a valid way for a company to meet its
corporate social responsibility. However, such actions should not be conflated with
safeguarding disabled individuals’ right to work and creating inclusive and accessible work
environments. Additionally, disabled individuals give a contribution to the workplace as they
use their own skills and talents in their jobs.
I know a disabled person. He is quite arrogant. They are all like that.
Disabled individuals have all sorts of different characters, just like everyone else. If you
happen to know a disabled person whose character you don’t like, it’s because they happen
to be that sort of person, not because they have a disability.
I really admire disabled individuals. They are so courageous and an inspiration to us
all.
It may seem odd to include such a seemingly positive idea. But the idea of disabled
individuals as courageous and inspirational is as misleading as any negative stereotype.
Disabled individuals are not extraordinary just because they do what everyone else does.
They do not exist to serve as inspirations to those who are not disabled. It is true that they
experience limitations because of their impairments but the biggest obstacles they face are
created by society and are ones which we can do something about.
80
In short, disabled individuals are just like everyone else. They have their strengths and
weaknesses, likes and dislikes. They are human beings like everyone else. And everyone
else can become a disabled person at any time.
8 Contacts
For additional information and support please contact:
MINISTRY FOR THE FAMILY, CHILDREN'S RIGHTS AND SOCIAL SOLIDARITY
310, Palazzo Ferreria
Republic Street
Valletta, VLT 1110
Tel No: 2590 3010
Website: family.gov.mt
COMMISSION FOR THE RIGHTS OF PERSONS WITH DISABILITY (CRPD)
Malta Office Address:
G5 Offices
Psaila Street
Birkirkara, BKR 9077
Tel No: 2226 7600
Gozo Office Address:
Sannat Primary School
Sannat Road
Sannat
Gozo
81
Tel No: 21556002
E-mail: [email protected]
Website: https://crpd.org.mt/
LINO SPITERI FOUNDATION (LSF)
LSF Centre
Triq San Alwigi
L-Imsida, MSD 1464
Tel No: 2220 1761
E-mail: [email protected]
Website: https://linospiterifoundation.org/
JOBSPLUS
Jobsplus Head Office
Birzebbuga Road
Hal Far, BBG 3000
Tel No: 153
E-mail: [email protected]
Website: https://jobsplus.gov.mt/
FOUNDATION FOR INFORMATION TECHNOLOGY ACCESSIBILITY (FITA)
FITA Gattard House National Road Blata l-Bajda, HMR9010 Tel No: 2599 2048 / 25992343
82
Email: [email protected]
AĠENZIJA SAPPORT
Head Office
Fr. Ġwann Azzopardi Street
St. Venera SVR 1614
Tel No: 2256 8000
E-mail: [email protected]
Website: www.sapport.gov.mt
