The news about careers for people with disabilities is good and getting even better
While people with disabilities continue to experience disproportionately high unemployment levels in South Africa, the good news is that the environment for their employment has never been better. That’s not to say that there isn’t plenty still to be done, but the foundation for greater workplace opportunities, integration and mainstreaming has been firmly laid.
This foundation starts with the Constitution and the Bill of Rights, which specifically call for equality and non-discrimination for persons with disabilities. In addition, there is the United Nations Convention on the Rights of Persons with Disabilities, which South Africa has ratified, and the Promotion of Equality and Prevention of Unfair Discrimination Act, which prohibits unfair discrimination against people with disability.
Additionally, there is legislation dealing directly with the employment of people with disabilities, such as the Employment Equity Act 55 of 1998 (as amended in 2014) and the Broad Based Black Economic Empowerment (BBBEE) Act of 2003 and its subsequent amendments and Revised Codes of Good Practice.
The Employment Act makes transformation a social imperative, stating that employers must hire people from designated groups, which includes all people with disabilities – and that they must be represented across all levels within the organisation.
All organisations are required to develop and implement plans that set out a procedure and targets for transformation. Designated employers – those employing more than 50 people or whose turnover is above a certain threshold – have to submit an annual Employment Equity Report to the Department of Labour (DoL), outlining the progress they have made towards the implementation of their plan. Failure to submit this report, or to comply with any of the provisions of the Act, could result in hefty personal fines of up to R30 000 levied against owners or employers, to punitive fines of up to 10 percent of annual turnover for non-compliant businesses.
Employees must have access to their employers’ Equity Plan and Report.
In an effort to promote economic transformation, the government introduced the BBBEE Act. Its Revised Codes of Good Practice have introduced stringent compliance targets, with the aim of encouraging businesses to employ black people with disabilities and to provide them with the training opportunities they need, so that they can not only take their rightful place in the workplace as equal, productive and valued employees but to also pursue meaningful careers.
Failure to comply with the Codes will result in a company receiving a poor BBBEE rating, which could negatively impact its brand and business. However, by employing black people with disabilities and providing them with appropriate training, a company can obtain additional points. It is crucial that large enterprises, in particular, strive to meet scorecard priority-element thresholds or risk tumbling down the BBBEE levels.
Dr Jerry Gule is chairman of South African Employers for Disability (SAE4D) and general manager: Total Marketing Services Competency Centre (Pty) Ltd.
