Diversity management in the workplace has many aspects. Disability is one of the aspects of this diversity. For a long time in history, the disabled have been neglected and discriminated. The reasons behind the segregation of the disabled vary from lack of legislation, or defective legislation, have been significant barriers to the places of work that have led to the segregation, and the discrimination of the disabled. This paper examines the challenges encountered in implementing the effective policies on impairments in the workplace. The paper will consider the existing legislation on the matter, welfare reform and the understandings of disability among the stakeholders, including the employees and the employers.

Before embarking on some theoretical perspectives about disability, it is important that this paper puts forward the definition of disability. The World Health Organization (WHO) (2014) associates disability with an impairment, limitation in doing an activity, and restriction to participating in an activity. WHO (2014) further defines impairment as a problem in the structure of the body or the functioning of the body. Concerning activity limitation, WHO defines it as a difficulty that an individual encounters when they want to perform a duty or an action. Restriction in participation, on the other hand, is a difficulty that an individual experiences that limits them to participate in life activities. The good aspect of the WHO definition of disability is the agreement that disability depends on the physical or mental impairment, and the perceptions of the society towards the disabled.

THEORETICAL APPROACHES TO DISABILITY

Two major theoretical approaches have been devised to explain disability. These are the medical model of disability, and the social model of disability. (Crow 1996)disabled, and the disabled tend to feel that these people may not understand their problems. Hardy (2014) agrees that the medical model is determined and managed by the medial experts, without the incorporation of the disabled. This leads to the development of the challenges associated with the disabled at the workplace. It is the idea of the medical model that led to the development of special schools for the disabled and medical specialist who deals specifically with the disabled. Because of such problems of the medical model of disability, there was need to reconsider the issue, and this led to the development of the social model of disability.

Shakespeare 2006).The Joint Committee on Human Rights (2012) also recognizes the need for the disabled to be empowered to promote independent living. The origin of the social model of disability is associated with the disabled, and t was developed to replace the medical model, since the medical model did not touch on the plight and the needs of the disabled (Shakespeare 2006).

The models of disability are very important in determining the challenges that affect the implementation of the disability protection policies in the workplace. For example, the attitudes of the society towards the disabled matter a lot in determining how people will treat the disabled. According to Makin (2011), the attitude that people form towards the disabled and the stereotypes that people have towards the disabled determines their zeal to assist the disabled become independent. Makin (2011) posits that discrimination of the disabled in the workplace depends much on the perceptions that people have about the disabled. For example, people who look at the disabled through the medical model of disability are likely to extend workplace segregation towards the disabled. On the other hand, people who view the disabled from the perspective of the social model of disability are very likely to help them attain full control of their lives (Brown, Schalock & Brown 2009). The focus of the social model of disability appears the best perspective in the workplace, since it will enable following of the laid down procedures to ensure that the disabled are not segregated I the workplace.

A LOOK AT US LEGISLATION ON DISABILITY

The development of disability legislation in the United States has its basis on civil rights organizations (Hardy 2014). The main legislation that covers the disabled well in America is the Americans with Disabilities Act (ADA) (US Department of Labour n.d). The act does recognize the social discrimination that the disabled have met in the workplace, just because of their condition. According to Hardy (2014), the relative lack of power among the disabled has been another aspect that served to promote discrimination against the disabled. The major aim of legislation is to empower the disabled and to protect them from segregation at the place of work. Therefore, the provision of the ADA is the prohibition of the discrimination against the disabled at the place of work, in any form (US Department of Labour n.d). The act also mentions some sectors of the economy where discrimination against the disabled can happen, and covers them. Such include communication sector, transportation, public accommodation and in government activities. To ensure that the government monitors any act of discrimination against the disabled, the act also contains the telecommunications relay services. This can be used to air any complaints from the disabled.

The components of the ADA are diversified in order to offer protection to the disabled. For example, the Office of Disability Employment Policy (ODEP) is a creation of the Department of labour that deals with publications concerning disability (US Department of Labour n.d). The other body that deals with the issues of disability is the Equal Employment Opportunity Commission (EEOC) (Hardy 2014). This agency deals of equality issues, and encourages the practice and conduct that sees the disabled as equal people in society. In addition, the agency also deals with equality issues regarding race and gender. In addition, the Rehabilitation Act of 1973 restricted some aspects of discrimination against the disabled (Hardy 2014). According to Hardy (2014), this act required employers to take affirmative action and employ people with disabilities in their places of work. These legislation have gone far in protecting people against discrimination by association, in regard to the relatives of the disabled.

The implications of these recommendations went far in tackling discrimination against the disabled, and they felt empowered.

 

DISABILITY LEGISLATION IN THE UK AND CHALLENGES TO IMPLEMENTATION

Legislation concerning disability matters in the UK can be traced back in 1944. This is the year when the Disabled Persons (Employment) Act was enacted (The National Archives 1944). The act has a connection to the Second World War, in an attempt to provide employment for the ex-war soldiers that were disabled as a result of the war. The act brought with it a quota of three percent employment for the disabled. However, the act was not seriously enforced, and it was thus ineffective. These points to a very important challenge to the legislation to protect the disabled, that legislation is enacted but never enforced (Hardy 2014). The social disability movements continued to pressure for legislation that would see the discrimination against them halted. This was especially hot in the 1980s, due to some inspiration from the US (Hardy 2014). It is such pressure that influenced the enactment of the Disability Discrimination Act.

The Disability Discrimination Act 1995 is a major legislation in the UK regarding discrimination towards the disabled (The National Archives 1995). Alongside this Act is the Equality discrimination Act (2010), which together deal with the issues concerning all employees (Hardy 2014). In addition, the Disability Equality Duty (1996), and the Single Equality Duty (2010) deal with the public sector only. The DDA provides wide coverage for the disabled. It prohibits discrimination towards the disabled in terms of dismissal, promotion, recruitment, training and working conditions. In addition, it provides for prevention of discrimination of the disabled on the grounds of the provision of goods and services. The act led to the abolition of the employment quota system for the disabled. In addition, the act recognized the right of a disabled applicant or employee to challenge the practices or actions of discrimination through an established employment tribunal. The act also introduced obligations to the employer, to make reasonable adjustments to the place of work, and the equipment, in order to make them favourable to the disabled worker. These include diversifying the modes of application, such as through email, and making changes in the working schedule (Hardy 2014).

The challenge of implementing policies on the protection of the disabled comes through the aspects identified by the social model of disability. According to Morris (2011), the attitudes of line managers are among the challenges of implementing these policies. For example, a manager viewing the disabled as being incapable will not give priority to the requirements of the ADA, in terms of adjusting the workplace conditions to favor the disabled.

The ADA is criticized for having used the medical model of disability to deal with the problem of the disabled (Hardy 2014). In regard to this, its implementation is challenged, since it views the disabled as people who are incapable. According to Morris (2011), the ADA did not consider the social discrimination against the disabled, which are connected to stereotyping of the disabled and misconceptions by the employers. In this case, the act did not solve the challenge of protecting the disabled in the workplace. Hardy (2014) outlines that an individual is required to pass some test before the discrimination can be recognized. This requirement acts as a stumbling block to the disabled, in regard to being treated fairly. In addition, the restrictive definition of disability leads to the dismissal of some discrimination claims by the tribunal, and in such a case too, the claimant does not get justice (Lang 2010). Further, Hardy (2014) notes that; the requirement for employers to adjust equipment and facilities in the workplace is not proactive.This places the disabled person at a substantial disadvantage, in regard to workplace fairness (Hardy 2014).

Disability Rights commission was established. Another legislation that was advantageous to the disabled was the European Union employment directive of 2000, which required changes be made in the DDA. The changes reflected a change in the definition of disability, disability discrimination, and issues regarding adjustments. This directive recognized failure to make adjustments in the workplace to consider the disabled as a form of disability discrimination. The Equality Act of 2000, and the Equality act of 2010 (acas n.d) combined and replaced all the laws regarding discrimination. The act of 2010 also put into consideration associative discrimination, to protect people who were discriminated against because they were related, or associated to a disabled person.

The lack of knowledge on the existing laws on disability discrimination is also a barrier to their implementation. Hardy (2014) notes that specialist knowledge is needed to deal with legal obligations regarding disability discrimination. In addition, there is limited monitoring of the implementation of the laws by the government (Priestley et al. 2006). This makes the employers reluctant. Further, there is resistance among some of the disabled people, in regard to disclosing their status to their employers.

The other challenge for the implementation of the policies is lack of enough resources and established formal procedures. Hardy (2014) observes that lack of training for line managers on disability issues leads to possibility of inconsistent treatment and increases the probability of the risk of ad hoc approaches.

Another challenge for the implementation comes in the form of the nature of work. Hardy (2014) notes that some tasks, especially those that are individualized, are very tiring for the disabled. Line managers may thus not consider a disabled person for such a task (Stapleton et al. 2006). Additionally, the costs of implementing the disability policies for the disabled are seen to outweigh the output. This makes some employers to be careful when implementing them. In addition to this, the disabled are considered less productive because they tire easily (Barnes 1995

Some employers set very strict rules for the employees. The conditions of work are made hard, in order to realize organizational goals. Hardy (2014) observes that line managers find it hard to assist or work with disabled people in such a setting. In addition, managing disciplinary procedures appears harder with such employees in the workplace. Due to this, some employers avoid employing the disabled.

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