disability confidence workshops 29 july 2009 frogmore house uws

Disability Confidence Workshops29 July 2009

Frogmore House UWS

The NDCO Program is a national program funded to assist people with a disability access post-school education,

training and employment.

• Improve transitions• Increase participation• Establish better links

Our Goals

Our Activities

• Information and transition planning assistance• Referral, linkages and coordination• Resource development and training• Awareness raising and promotion

Workshop A: The ‘D’ Word – What is Disability?

Things we are working towards this morning:1) A greater confidence about people with disabilities within workplaces;

2) Stronger awareness of some affects of life with disability at work; and

3) Skilling up on communicating constructively with people with disability.

Workshop B: The ‘How To’ Workshop:

Strategies on Disability in the Workplace

Things we are working towards this afternoon:1) Stronger awareness of legal responsibilities;

2) Developing a better insight into disability disclosure in the workplace and how to respond constructively; and

3) A greater confidence in the practical strategies to meet disability-related challenges & responsibilities in the workplace.

9am Workshop Open

9:20 What is Disability?

9:40 Being Aware of Life with Disability

10:20Affects of Disability Types

11:10Communicating Constructively with People with Disability

12:10Lunch

1pm Workshop B Opens

1:20 Being Aware of Legal Responsibilities & How to meet them

2:40 Practice

3:10 Disability Disclosure in the Workplace

3:40 Wrap Up and Evaluation

4pm Home!

What is Disability? By Gillian Hilt

What is disability?A quick explanation –

• any condition that restricts a person’s mental, physical, sensory or mobility functions.

• 1 in 5 Australians have or have had a disability.

• 80% of disabilities are hidden.

Disability Discrimination Act 1992 Definition of disability

The definition of "disability" in the DDA includes: • Physical • Intellectual • Psychiatric • Sensory • Neurological, and • Learning disabilities, as well as • Physical disfigurement, and • The presence in the body of disease-causing organisms.

This broad definition is meant to ensure that everyone with a

disability is protected.

Disability Discrimination Act- Definition of disability - cont

The DDA covers a disability which people: • have now

• had in the past

• may have in the future

• are believed to have

Disability Discrimination Act-

Definition of disability -contThe DDA also covers people with a disability

who may be discriminated against because:

• They are accompanied by an assistant, interpreter or reader,

• They are accompanied by a trained animal, such as a guide or hearing dog, or

• They use equipment or an aid, such as a wheelchair or a hearing aid.

Disability Discrimination Act- Definition of disability

The DDA also protects people who have some formof personal connection with a person with a disabilitylike relatives, friends, carers and co-workers if theyare discriminated against because of that connectionor relationship.

What is disability discrimination?

Disability discrimination happens when people with a disability are treated less fairly than people without a disability.

Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, carers, co-workers or associates of a person with a disability.

Visible and hidden disabilitiesFACT- 80% of Disabilities are hidden

Some disabilities are obvious and visible

Some disabilities are not visible or

obvious and are referred to as 'hidden'

disabilities’.

Hidden disabilities make up a large proportion of all reported disabilities and remind us not to make assumptions or generalisations about others.

Hidden disabilities

People with epilepsy, diabetes, sickle cell condition, chronic fatigue syndrome, cystic fibrosis, cancer, HIV and AIDS, and heart, liver or kidney problems

Hidden disabilities can also include some people with visual impairments and those with dexterity difficulties such as repetitive strain injury

Who are people with disabilities?

People with disability are part of every section of our community: men, women, and children; employers and employees; students and teachers; indigenous and non-indigenous; customers; and citizens.

The only thing that distinguishes a person with disability is that they may be unable to do certain things in the same way as most people in the mainstream of society without some form of adaptation, or alteration to assist them overcome the effects of their disability.

No two people with the same disability experience their disability in the same way.

How many people have a disability?One in five Australians has one or more disabilitiesand this proportion is increasing with the ageing of the population.

The majority of people with disability have a physicaldisability (83.9%),

11.3% have mental illness or behavioural disorders,

4.8% have an intellectual or learning disabilities.Human rights Commission – Issues Paper Employment and Disability – The statistics http://www.hreoc.gov.au/disability_rights/employment_inquiry/docs/

issue1_statistics.pdf

Employment and people with a disability• More people with disability are unemployed

than those without disability.

• In 2003, 53.2 per cent of people with disabilities participated in the labour force as compared to80.6 per cent of those without a disability.

• Since 1993, the labour force participation rate of people with disabilities has fallen, while the rate for people without disabilities has risen.

Human rights Commission – Issues Paper Employment and Disability – The statistics http://www.hreoc.gov.au/disability_rights/employment_inquiry/docs/issue1_statistics.pdf

Activity

Being Aware of Life with Disability What does it mean to live a life with disability?

Those without a disability probably can’t really know.

Each person with disability will have their own experiences and perspectives – its very individual.

Disability confidence includes having some insight into how it might be to live with a disability. This helps strengthen your awareness of potential barriers & ways to overcome them.

Being Aware of Life with Disability What are some common experiences of people with disability?

Living life as a person who is ‘different’ in a culture that does not always value difference;

Being subjected to unhelpful communication, stereotypes & misperceptions;

Extra hassle of having to work around inherent limitations & external barriers;

Disclosure Dilemma: Often having to expose very personal information about yourself, repeatedly and often to strangers, your boss, co-workers and/or others we would not usually share such info with;

Having to rely on help from others more often and sometimes from those we don’t know very well or have an unequal power relationship with;

Often dealing with own feelings of grief & loss about having a disability – particularly for those with an acquired disability;

Extra hardship at home, such as financial difficulties, complicated logistical arrangements, strained personal relationships;

Being a Trail Blazer: many people with disabilities these days are doing things in the community, at work and study that people with disability have never done before – this can mean a lot of explaining, potential exclusion at any minute; lack of experience/knowledge by you and others of how to do things; and/or lack of predictability re future prospects.

Being Aware of Life with Disability BUT this can bring with it some strengths at work:

Resilience;Heaps of experience with problem solving;Insight into diversity and alternative views of the

world;Dedication to the job & employer

– its hard to find another one;Job satisfaction – highly valuing a sense of

achievement & competence; escape from other difficulties; and a world where you can be perceived as ‘valued’ by others;

Being Aware of Life with Disability What is the Disclosure Dilemma?

The dilemmas of whether, when, what, who & how to tell others about their disability can be one of the hardest things about living with a disability.

Can be complicated by fear (and previous experience) of negative reactions &/or being treated differently after disclosure.

Having a disability that is apparent to others doesn’t mean there is no disclosure dilemma.

Understanding the Affects of Some Disability Types by Nicole Ison

Introduction to types of disability•Learning disability

•impact on the development and use of listening, spelling, reading, writing, reasoning or mathematical skills

•Autism Spectrum Disorder

•developmental disabilities characterised by difficulties in social interaction, communication, restricted and repetitive interests, activities and behaviours

•Physical disability

•affect a person’s physical functioning, mobility, dexterity or stamina

•Mental illness•varied group of conditions that significantly affect how a person feels, thinks, behaves, and interacts with other people

Types of disability cont.•Chronic medical condition

•wide range of long-term medical conditions may impact on a person’s work

•Intellectual disability

•a life-long disability affecting cognition

•Vision impairment

•refers to some degree of sight loss

•Hearing impairment

•ranges from mild hearing loss to profound deafness

•In pairs

•Each pair will receive a piece of paper listing a specific disability

•Move around the room and ask four different pairs:

•What type (category) of disability it is

•To identify a possible affect of that disability in the workplace or a task that might be difficult for that person to perform at work

Activity

Learning disability

What is a learning disability?

•Varied group of conditions which impact on the development and use of listening, spelling, reading, writing, reasoning or mathematical skills

•Has a significant effect on learning but is NOT an indicator of intelligence

•Learning disabilities include:

•Dyslexia

•Dyspraxia

•Dysgraphia

•Visual processing disorder

•Auditory processing disorder

Learning disability

Affects of learning disability in the workplace

•An employee with a learning disability may have difficulties with:

•Processing auditory material

•Expressing information in a written format

•Reading speed and comprehension

•Comprehension of new information

Autism spectrum disordersWhat are autism spectrum disorders?•Autism spectrum disorders are lifelong developmental disabilities

•They are characterised by difficulties in:

•Social interaction

•Communication

•Restricted and repetitive interests, activities and behaviours

•People with an autism spectrum disorder may also have

•sensory sensitivities

•intellectual or learning disabilities

Autism spectrum disorders

Types of autism spectrum disorders

•Autistic disorder

•Asperger’s syndrome

•Atypical autism

Autism spectrum disordersAffects of autism spectrum disorders in the workplace•An employee with an autism spectrum disorder may have difficulties with:

•Interacting with colleagues, managers and clients•Engaging in conversation•Understanding abstract concepts, metaphors or sarcasm•Interpreting and using non-verbal communication•Working with distractions •Decision making and problem solving•Maintaining concentration and motivation on some tasks •Working in unfamiliar environments •Time management and organisation•Change

Physical disability

What is a physical disability?•Physical disabilities affect a person’s physical functioning, mobility,

dexterity or stamina

•A person may be born with a physical disability, or acquire it later in

life

•Examples include:

•Cerebral Palsy

•Spinal Cord Injury

•Amputation

•Multiple Sclerosis

•Spina Bifida

•Musculoskeletal injuries (eg back injury)

Physical disability

Affects of physical disability in the workplace•Physical disabilities will have a varied impact on a person’s work

•everybody’s experience will be different depending on the type

of disability, severity, and other factors

•An employee with a physical disability may have difficulties with:

•Accessing workstations, meeting rooms, bathrooms etc

•Fatigue

•Manipulating objects, for example handwriting or using certain

tools

•Using a standard computer keyboard or mouse

•Holding a telephone handset

Mental illness

What is mental illness?

•A varied group of conditions that significantly affect how a person

feels, thinks, behaves, and interacts with other people

•Close to 1 in 5 Australians will have a mental illness in any year

•Mental illnesses are diagnosed according to standardised criteria

•They are different from temporary mental health problems that may

be experienced following stressful life events

Mental illness

What is mental illness?

•Some major types of mental illness include:

•Anxiety disorders – most common at 9.7% of Australian adults in

any year

•Substance use disorders – 7.7% of Australian adults in any year

•Depression – 5.8% of Australian adults in any year

•Psychotic disorders, including Schizophrenia and Bipolar disorder

(0.4-0.7%)

Mental illness

Affects of mental illness in the workplace•Mental illness will have a varied impact on a person’s work, and everybody’s experience will be different. •Some examples of activities an employee with mental illness may have difficulty with include:

•Maintaining concentration and attention•Side effects of medications, including tremors, blurred vision or drowsiness•Working with excessive noise or distraction•Getting to work on time •Communicating effectively and interacting with co-workers•Maintaining energy over a full work day•Handling time pressures and multiple competing tasks•Understanding and interpreting criticism •Responding to unexpected change

Chronic medical conditionsWhat is a chronic medical condition?•A wide range of medical conditions may impact on a person’s work

and require reasonable adjustment

•Chronic medical conditions are long term

•they may last for months or years or be life-long

•Examples of chronic medical conditions include:

•Diabetes

•Chronic Fatigue Syndrome

•Cystic Fibrosis

•Cancer

•Crohn’s Disease

•Asthma

•Arthritis

•Epilepsy

•HIV/AIDS

Chronic medical conditionsAffects of chronic medical conditions in the workplace•Chronic medical conditions will have a varied impact on a person’s work

•everybody’s experience will be different depending on the type of condition, severity, and other factors

•Some examples of ways a chronic medical condition may affect a person in the workplace include:

•Excessive fatigue•Difficulty maintaining concentration•Need to take regular breaks•Pain•Difficulty maintaining regular attendance•Intolerance to extreme temperatures

Intellectual disabilityWhat is an intellectual disability?

•A disability affecting cognition

•People with intellectual disability may have difficulties with learning,

communication, adaptive functioning, information processing, social

functioning and problem solving

•Around 3% of Australians have an intellectual disability

•Intellectual disabilities are life-long, and must be identified before

the age of 18

Intellectual disabilityAffects of intellectual disability in the workplace•An employee with intellectual disability may have difficulties with:

•Learning and remembering new or complex tasks

•Understanding abstract concepts

•Generalising skills from one situation to another

•Expressing themselves through spoken or written language

•Decision making and problem solving

•Adapting to changed circumstances and unfamiliar environments

•Travelling independently

•Time management and organisation

Vision impairmentWhat is vision impairment?

•Refers to some degree of sight loss

•A person is legally blind if:

•they cannot see at six metres what someone with normal vision can see at 60 metres, or

•their field of vision is less than 20 degrees in diameter (normal vision 180 degrees)

•A person may be born with a vision impairment, or acquire it through an accident or the aging process

•Examples include:

•Cataracts

•Glaucoma

•Macular Degeneration

•Retinitis Pigmentosa

Vision impairment

Affects of vision impairment in the workplace

•An employee with a vision impairment may have difficulties with:

•Accessing written or electronic information

•Navigating unfamiliar workplaces

•Identifying workplace hazards

Hearing impairment

What is a hearing impairment?

•Ranges from mild hearing loss to profound deafness

•Can be caused by a genetic condition, illness, trauma, or natural aging

•People with hearing impairment may use hearing aids, lip-reading, Auslan (sign language) or a combination to assist with communication

Hearing impairment

Affects of hearing impairment in the workplace

•An employee with a hearing impairment may have difficulty:

•Communicating where there is background noise

•Communicating in large groups

•Communicating using the telephone

•Identifying workplace hazards

Communicating Effectively with

People with Disability

by Nicole Ison

“But I don’t know what to say!”

•Many people may feel uncomfortable communicating with people with disabilities. Some reasons include:

•Unsure of correct terminology to use

•Worried about offending

•Unfamiliar situation

•Previous difficult experience

Positive vs. negative language

Person with a disability disabled/deaf/blind/

crippled/ retarded person

Person who uses a wheelchair

confined/victim/sufferer/ restricted/wheelchair

bound

Person with a mental illness

crazy/nuts/psycho

Person who is successful brave/heroic/inspirational

Accessible parking, bathroom

disabled parking, bathroom

Person without a disability normal person

Activity – Communication key messages•Each group will be given a cartoon depicting a key message about communicating with people with disabilities

•As a group:

•Identify the key message

•Identify 3 examples of ways/times that people with disabilities might be treated like this

•Identify a more appropriate communication style

Example – Communication – Key Message #1

www.disability.qld.gov.au/community/communication/postcards/


Don’t make assumptions about people with a disability




•A person who uses a wheelchair is treated as though they have an intellectual disability

•A person with a speech impairment is asked to participate in an activity that is inappropriate for their age

•Someone asks a person using a wheelchair what it’s like to be paralysed

•Speak to a person with disability as a person first.

•Take care not to make assumptions about their disability or what they can or can’t do

Activity – Communication key messages•Each group will be given a cartoon depicting a key message about communicating with people with disabilities

•As a group:

•Identify the key message

•Identify 3 examples of ways/times that people with disabilities might be treated like this

•Identify a more appropriate communication style

Communication – Key Message #2



Relax.People with disability are

just people.



Just because a person has one disability

doesn’t mean they have another



People with a disability have their own way of doing things.

Ask before you help.Respect a person’s right to refuse help.



Take the time to listen. You may learn a lot.If you can’t understand what someone is

saying don’t pretend – ask again.



Speak to people with a disability directly – not to their carer or interpreter.


Communicating with people with different

types of disability

Communicating with people with a learning disability

•Use short, clear and direct sentences

•Rephrase information if it is not understood, or present it differently

•Consider using visual aids like diagrams or pictures

•Always provide opportunity to answer any questions

Communicating with people with an autism spectrum disorder

•Avoid using humour, sarcasm, figures of speech or colloquialisms

•Use simple and short sentences and closed questions

•Be aware that body language may not be understood

•Use words that are flexible – “we may” NOT “we will”

Communicating with people with a physical disability

•Do not shout, speak more slowly or over exaggerate

•Make eye contact and speak directly to the person with a disability

• Where possible, sit down to speak with a person using a wheelchair so that you are at the same eye level

•If a person also has a speech impairment:

•Be patient, don’t try to finish their sentences

•Ask questions that only require short answers

•Don’t pretend you understand if you don’t

Communicating with people with a mental illness

•Often you may not even know a person has a mental illness and won’t need to communicate any differently

•If a person is showing signs of agitation, anxiety, panic, disorientation or aggressiveness:

•Remain calm and keep your voice tone unhurried

•Make time and allow the person to talk

•Use clearer, short sentences

•Help the person access support and tell them what you are doing

Communicating with people with a chronic medical condition

•Often you may not know a person has a medical condition and won’t need to communicate any differently•If a person is showing signs of distress or being unwell:

•Remain calm and keep your voice tone unhurried•Ask the person if you can do anything to help •Help the person access support and tell them what you are doing

Communicating with people with an intellectual disability

•Use your natural volume and tone and speak clearly using plain English

•Check understanding by asking the person to repeat what you have said in their own words

•Rephrase information if it is not understood, or present it differently

•Ask short questions to gather information

Communicating with people with a vision impairment

•Introduce yourself by name, even if you already know the person

•Use your natural voice – don’t shout or over-exaggerate

•Tell the person when you are leaving the room

•Be specific with any verbal directions or instructions

Communicating with people with a hearing impairment

•Place yourself where they can see you to gain attention, or lightly touch their shoulder

•Always face the person – do not turn away or cover your mouth

•Don’t provide unnecessary detail – keep sentences short

•If necessary use a pen and paper to communicate

Workshop B: The ‘How To’ Workshop:

Strategies on Disability in the Workplace

Things we are working towards this afternoon:1) Stronger awareness of legal responsibilities;

2) Developing a better insight into what makesa workplace ‘disability-friendly’; and

3) A greater confidence in the practical strategies to meet disability-related challenges & responsibilities in the workplace.

1pm Workshop B Overview

1:10 Being Aware of Legal Responsibilities

2:30 Disability-friendly (and not so)

3:30 Practical Strategies to meet Challenging Situations

3:50 Wrap Up & Home!

Being Aware of Legal Responsibilities

What legislation relates to disability?Disability discrimination legislation & standards Commonwealth Disability Discrimination Act (1992) & NSW Anti-Discrimination Act (1977)

Privacy & confidentiality legislation & principles Federal Privacy Act (1988) & NSW Privacy & Personal Info Protection Act (1998)

Occupational health & safety legislation & regulations

Commonwealth OH&S Act (1991) & NSW OH&S Act (2000)

Being Aware of Legal ResponsibilitiesWhat is disability discrimination?

When a person or people with disability are treated less favourably than people without disability because of their disability.

Also relates to relatives, carers, co-workers or other associates of people with disability being treated less favourably.

Applies to all areas of employment, including: Recruitment;terms & conditions of employment; promotional opportunities & access to professional development; disciplinary action; and termination.

Anti-discrimination legislation also applies to education settings, including schools, TAFES & universities. The same type of responsibilities apply in education.

What are my anti-discrimination responsibilities?1. Ask universally and on an individual basis whether the person needs any disability-related workplace adjustments.

2. Make ‘reasonable adjustments’ to your usual processes, environment and practices.

3. Use the measure of ‘inherent requirements’ only to determine whether a person could do the job/complete the course or training.

4. Avoid excluding, discontinuing or dismissing on the grounds of having a disability alone.

5. Prevent disability harassment and/or victimisation.


any adjustments in the workplace to enable a person with disability to work or participate effectively

they are a legal requirement if needed and ‘reasonable’

usually simple and inexpensive: 86% of all workplace adjustments cost less than $500 and could be implemented quickly*

* From Diversity At Work website 3 Nov 2008

What are workplace adjustments?

Australian Human Rights Commission says*:• Some features of workplaces that could be readily altered

can be a major barrier to people with disability being able to equally participate and perform.

• Employers are legally obliged to remove these barriers by making reasonable adjustments.

• Some workers will not require any adjustments. Don’t assume that all people with disabilities need adjustments.

• If declined, employer is obliged (by DDA 1992) to demonstrate a thorough assessment and that adjustments would cause the employer ‘unjustifiable hardship’

Workplace Adjustments:

Examples of Workplace Adjustments:

Alterations to work premises or work areasadjustable height desk

working at an alternative site, closer to home or quieter

Info & communication in alternative formatsa written list of tasks to add to spoken

instructions

providing key documents in accessible

electronic versions prior to meetings

Modified equipment, specialised equipment, furniture or technological aides

lifting equipment for an employee who cannot lift

multi-set wrist watch that beeps or vibrates

Adjustments to selection processes allowing a later interview appointment

‘Quiet Room’ provided prior to interview for

reading and ‘chill-out’ time

• Job redesign divide larger projects into smaller tasks

exchanging some minor duties with co-workers

Changes to work practices or methods

developing regular workplace routines

converting job processes into plain written

instructions

Flexible work arrangements more frequent breaks in work routine

working from home

Talk with the employee with disability about whether they need adjustments and what type/s of adjustments may be needed. Reaching the final plan is usually a process of several meetings, discussions, negotiations and research into available and possible adjustments.

Document your discussions, agreed adjustments and plans to implement. Often referred to as a ‘Workplace Adjustment Plan’.

Seek written consent, where it may be necessary to share information about the person’s disability.

Implement actions as soon as possible.

Seek further info or help if you need it.

Give documented and clear reasons for any adjustments declined.

How do I implement workplace adjustments?

Get in contact with your HR and/or Equity & Diversity Unit

Speak to a Job Access Advisor and check out the Jobaccess website

Use, where appropriate, external disability services and/or programs

How do I get help to implement workplace adjustments?

Knowing About Disability Services & Programs What services & programs are out there to support

people with disability in employment?

JobAccess is a government program that provides information & advice to job seekers, employees & employers re disability employment.

PH: 1800 464 800

Workplace Modifications Scheme (WMS) is a government program which helps covers the costs of workplace modifications, purchasing specialised equipment or assistive technology for eligible employees.

Auslan for Employment Program helps with the costs of Sign Language Interpreters for jobseekers and employees for a wide range of workplace interpreting. Also provides Deaf awareness training.

More Services & Programs…..

Disabled Australian Apprentice Wage Support (DAAWS) Scheme is a government program that helps provide tutorial, mentor and interpreter support to Apprentices/Trainees who have a disability.

Disability Employment Network (DEN) is a network of specialist employment services providing people with a disability who require ongoing support to find and maintain employment or to become self employed in the open labour market.

Vocational Rehabilitation Services (VRS) is a service to assist people with disability, injury or medical condition to return to work. They assist with skills development and workplace assessments.

Transition To Work (TTW) is a training program for school leavers with disability to develop skills to help them enter work within 1 or 2 years.

Anti-Discrimination ResponsibilitiesWhat are ‘Inherent Requirements’ at work?

essential activities of the job;

core duties that must be carried out in order to fulfil the purpose of a position;

do not refer to all the requirements of the job;

contrasts with non-essential and peripheral tasks; and

tasks which may be negotiable and flexible.

Reference: Diversity @ Work website www.diversityatwork.com.au (31 October 2008)

* From Australian Employer’s Network on ‘Disability’s Manager’s Guide: Disability in the Workplace’ 2008 (pls see copy distributed)

Examples of Inherent Requirements at work*:

AN EXAMPLE OF INHERENT REQUIREMENT:The ability to produce professional standard reports within a set timeframe.

Extensive Travel Required.

Ability to move large pieces of equipment.

Ability to communicate effectively with customers.

NOT AN ‘INHERENT REQUIREMENT’:Ability to type 50 wpm: A person with dexterity impairment could use speech recognition software to produce reports without typing on a keyboard

Own Transport: A person with disability who does not drive could use public transport or taxis.

Heavy Lifting: A person with disability could use adaptive equipment to move heavy objects without physically lifting them.

Good telephone speaking manner: A person who is Deaf and does not speak could use email, instant messaging or TTY to communicate effectively with customers.

Anti-Discrimination ResponsibilitiesHow do I work out what Inherent Requirements of a job

are?

Australian Human Rights Commission says that only the ‘Inherent Requirements’ should be

considered in determining a person’s ability to do the job. The Commission suggests the following factors may need to be taken into account:

the unique and specific circumstances of each job;ability to work safely;productivity and quality requirements; and/orability to work effectively in the team or other type of work organisation considerations.

Reference: Australian Human Rights Commission website www.hreoc.gov.au 31 October 2008)


What are my OH&S responsibilities in the workplace?

Assess real risk. Avoid acting on perceived risks based on a lack of understanding of a person’s own disability and affects.

Consider every reasonable potential means for the employee to participate safely.

Take action to minimise real risks.

Remember: it is appropriate to exclude a person with disability where it is determined, based on above principles, that they can not participate safely even

with all reasonable adjustments made.

OH&S and Anti-discrimination

Do OH&S responsibilities over-ride Anti-discrimination responsibilities?NO, not usually.

But if an employee is unable to participate safely in the workplace after all reasonable adjustments are taken into account, it is considered that they can not meet the Inherent Requirements of the job.

Case law shows that employers are required by law to balance the 2 sets of responsibilities.

OH&S and Anti-discrimination

How do I balance OH&S and Anti-discrimination responsibilities?TREAT SAFETY AS AN INHERENT REQUIREMENT: Remember that ability to perform a job safely is considered an ‘inherent requirement’ by anti-discrimination legislation.

ASSESS ACTUAL VS PERCEIVED RISK: Do not exclude a person with disability based on perceived risk (eg: make OH&S related decisions based on uninformed view about the person’s disability and the risks they pose).

CONSIDER THE ‘COMPARATOR TEST’: Treating a worker with disability differently to co-workers without disability may be discrimination. Consider how you would treat a worker without disability in the same situation. Case law shows that discrimination could be tested by considering whether an employer has treated the worker as closely as possible to earlier precedents in the workplace with employees without disability.

MAKE REASONABLE ADJUSTMENTS: Implement any reasonable Workplace Adjustments that will help the person with disability to work safely.

FOLLOW A PROPER PROCESS BEFORE MAKING DECISIONS: If you do need to exclude the worker with disability because of their disability & OHS concerns be sure to:

conduct a proper assessment of the real (not perceived) risks; consider the individual circumstance; explore all reasonable ‘workplace adjustments’; document the reasons for the decision to exclude the person and actions taken to minimise any

unfavourable consequences for the individual.


What are my privacy & confidentiality responsibilities?Treat all info about a person’s disability in the workplace (including any workplace adjustments) as private and confidential information.

Collect & share only info relevant to the particular situation.

Tell people with disability about the workplace’s policies on handling personal information and what will be done with the information collected.

Share information only with consent from person with disability.

Share information about disability with others only on a ‘needs to know basis’.

Privacy Responsibilities How do I share disability info constructively with others in the

workplace?Obtain consent from the person with disability.

Share info only with those who ‘need-to-know’.

Think about which details need to be shared. You may know more about the person’s disability & their workplace adjustments than you need to share. Consider which details are relevant (and not).

Describe the person’s disability by focusing on an explanation of how it affects them in the workplace, rather than focusing on their type of disability. Type of disability usually doesn’t give an accurate or relevant explanation of how the person’s disability affects their work role.

Share details in a way that protects the person’s privacy.

Treat the info as sensitive & confidential.

Disability Disclosure in the Workplace What is disability disclosure?

A personal decision to tell another person or institution about a disability.

Reported by people with disability and their families as one of the most difficult aspects of living with a disability. It’s a hard decision to make and so much hinges on whether, how and when they disclose.

Not legally required by an employee EXCEPT where there is an immediate risk to others caused by the disability.

Disability Disclosure in the Workplace What are my disability disclosure responsibilities as an

employer?To encourage and provide regular opportunities for new & existing staff to disclose that they have a disability which affects them at work.

To respond to disclosures by employees in a constructive and respectful way.

To prevent the person with disability being treated unfavourably or harassed because of the disclosure of their disability.

To offer ‘workplace adjustments’ and implement any reasonable accommodations needed.

To treat disclosed info as private & confidential.

Disability Disclosure in the Workplace How do I respond constructively & respectfully?

Remember, your response can make a difference. The response to a person’s disclosure by employers, helping professionals and/or educators is one of the greatest determinants of future employment success and whether they ever disclose again.

Ask the person for info about how their disability affects them in this particular workplace setting.

Avoid asking personal info about their disability not directly relevant to their work.

Focus on identifying possible ways that the person may be able to participate in the workplace.

Adjust your own practices to accommodate the affects of the person’s disability, depending on their individual needs.

Give info about disability support services and/or programs available within your organisation, if they don’t already know.

Develop and agree on a plan of action on what will be done to implement any workplace adjustments needed.

Thank You

disability confidence workshops 29 july 2009 frogmore house uws

Documents

definition of disability

disability cont

disability cont

disability disclosure

affects of disability

lunch slide

gillian hilt slide

people wi