How Does the Rights of Persons with Disabilities Act, 2016 Apply to Companies?

The Rights of Persons with Disabilities Act, 2016 (RPWD Act) is a comprehensive legislation that safeguards the rights of persons with disabilities in India. The Act aims to ensure that persons with disabilities have equal access to education, employment, healthcare, and public services. For companies, the RPWD Act establishes legal obligations to create an inclusive and accessible work environment for employees with disabilities.

Key Provisions of the RPWD Act, 2016, Applicable to Companies:

Non-Discrimination in Employment:

Section 20 of the RPWD Act prohibits discrimination on the grounds of disability in all aspects of employment, including recruitment, hiring, training, promotions, and job assignments.

Companies cannot discriminate against a qualified person with disabilities in terms of pay, benefits, or opportunities for advancement. Employees with disabilities should have the same employment opportunities as their non-disabled peers.

Accessibility Requirements:

Companies are required to ensure physical accessibility to their workplaces for persons with disabilities. This includes providing ramps, wide doors, accessible toilets, and barrier-free access to all areas of the workplace.

The Act mandates companies to make reasonable adjustments to the workspace to ensure equal participation and facilitate the work of employees with disabilities.

Reservation of Vacancies:

The RPWD Act mandates reservation of vacancies for persons with disabilities in government establishments and public sector undertakings. While private companies are not legally required to implement this reservation, many follow similar practices to promote inclusivity.

The Act recommends a 4% reservation in every establishment with 100 or more employees, but it is not compulsory for private companies to reserve specific vacancies for persons with disabilities.

Reasonable Accommodation:

Employers are required to provide reasonable accommodation to employees with disabilities. This includes modifying work schedules, adjusting job duties, or providing assistive devices such as screen readers, voice recognition software, or modified equipment.

Companies must ensure that their workplace policies are inclusive and provide accommodations for disabled employees to perform their jobs effectively.

Equal Opportunity:

The Act ensures that persons with disabilities are not denied employment opportunities because of their disability. Employers must ensure equal opportunities in recruitment, hiring, training, and promotions, based on merit and qualifications.

Special provisions are made for candidates with disabilities to ensure that they are not at a disadvantage during competitive recruitment processes.

Training and Awareness:

The RPWD Act calls for awareness-building programs for both employers and employees to promote inclusive practices and to eliminate any form of discrimination, harassment, or bias based on disability.

Companies are encouraged to conduct sensitization training to create a supportive and inclusive work culture where disability is not viewed as a limitation.

Prohibition of Harassment:

The Act provides protection against harassment for persons with disabilities in the workplace. Employers must take immediate action if a disabled employee faces harassment or discriminatory behavior.

Companies must implement internal policies to address complaints related to harassment and disability discrimination.

Accessibility to Digital Platforms:

In the context of remote working and digital platforms, companies are expected to ensure that their websites, mobile applications, and digital services are accessible to employees with disabilities. This includes accessible content and assistive technology.

Health and Welfare Benefits:

Employers are required to extend the same healthcare benefits to disabled employees as they would to other employees, covering any disability-related medical costs. Additionally, employees with disabilities must be provided with reasonable leave for medical treatment or rehabilitation.

Example:

A company hiring an employee with a visual impairment should provide screen-reading software and adjust the workplace setup so the employee can easily access information and perform tasks. Additionally, the company should provide equal opportunities for promotion and career development, ensuring the employee has the same chances to progress within the company.

If the company is organizing training sessions, they should ensure that all materials are available in accessible formats, such as braille or audio, and that the venue is wheelchair accessible.

Legal Actions and Protections:

Filing Complaints:

If a person with a disability faces discrimination, harassment, or lack of reasonable accommodation at the workplace, they can file a complaint with the State Commissioner for Persons with Disabilities or approach the Disability Rights Organization for assistance.

Penalties for Non-Compliance:

Employers who fail to comply with the provisions of the RPWD Act could face penalties, including fines, and may be required to pay compensation to the affected employee.

Conclusion:

In conclusion, the RPWD Act, 2016 mandates that companies provide an inclusive, accessible, and non-discriminatory work environment for employees with disabilities. Employers are obligated to provide reasonable accommodations, equal employment opportunities, and ensure physical and digital accessibility. By adhering to these legal provisions, companies contribute to a more diverse and inclusive workforce.