Achieving Equal Employment Opportunities For People With Disabilities Through Legislation

Preface

1. Purpose and Rationale of the Guidelines

1.1 People with disabilities globally

1.2 Using the guidelines

2. Current Trends in Disability Legislation

2.1 ILO Conventions and Recommendations

2.2 Disability as a human rights issue

2.3 The principle of non-discrimination

2.4 The location of disability within legislation

2.5 The concept of disability

2.6 Defining disability in legislation

2.7 The principle of equality

2.8 Social policy and affirmative action

2.9 Disability and gender

3. Non-Discrimination Legislation

3.1 Disability in legislation

3.2 The scope of disability law

3.3 Different forms of discrimination

3.4 Reasonable accommodation

3.5 Shifting the burden of proof

4. Quotas

4.1 A quota-levy scheme

4.2 A binding quota without an effective sanction

4.3 A non-binding quota based on a recommendation

4.4 Making the quota work in practice

4.4.1 Which people with disabilities should

be targeted by quota schemes?

4.4.2 How to identify those eligible

for employment under the quota?

4.4.3 Should the quota especially favour certain

disabled people?

4.4.4 Standard quota or varying quota rates?

4.4.5 What is the appropriate quota percentage?

4.4.6 Should small and medium-sized

employers be included?

4.4.7 Should the quota apply to both the

public and private sectors?

4.4.8 What options should be open to employers?

5. Planning for Implementation

5.1 The role of information

5.2 Employment support measures

5.2.1 Provision of specialised work-related equipment

5.2.2 Provision of specialised equipment for daily living

5.2.3 Provision of transport facilities

5.2.4 Financial support

6. Drafting Legislation and Policy

6.1 Consulting with the Social Partners and Civil Society

6.1.1 Consulting organizations of people with disabilities

6.1.2 Consulting employers and employers’ organizations

6.1.3 Consulting workers and trade unions

6.1.4 Consulting service providers

6.1.5 Consulting other interested parties

6.2 The consultation process itself

7. Enforcing the Law

7.1 The law in practice

7.2 Asserting rights under the law

7.3 Strengthening judicial mechanisms

7.4 Administrative enforcement institutions

7.4.1 The Ombudsman Institution

7.4.2 A Human Rights, Equal Opportunities

or Disability Commission

7.5 Other Approaches

7.5.1 Contract Compliance

8. Summary of Principal Points

References