Ministers: Accessibility Is Imperative
[Updated with video] While disabled Bermudians have made progress in the local workplace in recent years, new Government measures are intended to eliminate any remaining physical restrictions impeding their success.
Minister of Youth, Families & Sports Glenn Blakeney today [Nov.30] said upcoming legislation was intended to ensure the island’s offices and stores were as accessible as possible to the disabled.
“… There are also people with disabilities who experience certain barriers to progress or may be prevented from opportunities due to physical or visual impediments in the workplace, for example, he said. ”This legislation seeks to give greater protection to persons with disabilities and safeguard against discrimination in the workplace.
“The objective is to ensure that employers facilitate, wherever possible, and without unreasonable hardship, measures and modifications to allow persons with disabilities to obtain positions and to do their jobs.”
The Minister said going forward Government believes it is imperative that accessibility be included in every new construction project, renovation and business development plan.
“It should be an integral consideration of any business strategy just as health and safety policies and employee benefits are essential factors,” he said.
His comments were echoed by Health Minister Zane DeSilva who was also on hand at the media briefing.
“I am pleased to be here today with my Honourable colleague to promote legislation which will afford Persons with Disabilities the legal expectation to be appropriately considered for employment when applying for jobs for which they are qualified.” said Mr. DeSilva. “This legislation will also help to ensure that individuals are treated with the dignity they deserve in the workplace, should a disability come while already in employment.
“Employers, both public and private, will now have to look at how they recruit and consider all appropriately qualified persons for employment.”
Both Ministers’ remarks appear in full below.
Minister Blakeney’s Statement:
Good Afternoon,
I am delighted to join my colleague, the Hon. Zane DeSilva, JP, MP, the Minister of Health, in announcing the official launch of the public awareness campaign highlighting a significant expansion of the human rights of people with disabilities.
The mandate of the Human Rights Commission is to work towards the elimination of all forms of discrimination and to provide protection for all people residing in Bermuda in keeping with the provisions of the Human Rights Act and the Bermuda Constitution.
The Human Rights (Unreasonable) Amendment Act 2011 (passed in The House of Assembly in July, 2011) seeks to ensure that persons are not restricted in securing employment or in functioning at the workplace because of their disability if it is possible for the circumstances of the employment to be modified without causing unreasonable hardship to the employer.
Throughout the community there are many people with disabilities who are participating and making a valuable contribution in the workplace.
However, there are also people with disabilities who experience certain barriers to progress or may be prevented from opportunities due to physical or visual impediments in the workplace, for example.
This legislation seeks to give greater protection to persons with disabilities and safeguard against discrimination in the workplace.
The objective is to ensure that employers facilitate, wherever possible, and without unreasonable hardship, measures and modifications to allow persons with disabilities to obtain positions and to do their jobs.
This could be the provision of accessible technology such as adaptive computer equipment for persons with hearing and visual impairments, the provision of an accessible bathroom, widening doorways to make rooms available for people in wheelchairs, to name just a few.
Let me be clear, this legislation is not designed to impose onerous regulations on employers or impede any business in Bermuda.
Accommodation that would fundamentally alter the nature or operation of a business would be considered “undue” or “unreasonable” hardship. In those circumstances an employer would not be expected or required to make any type of adjustment or modification.
The determination of unreasonable hardship must be made on a case by case basis and we are cognizant that not all individuals are the same and individuals with disabilities will have to be assessed to what extent their circumstances can be fairly or reasonably accommodated.
Bermuda’s Unreasonable Hardship legislation is consistent with other leading jurisdictions in the United States, and the United Kingdom and is based primarily on the criteria used in the Canadian Province of Alberta. However, this Bill has been Bermudianized taking in account Bermuda’s size and our unique employment issues.
We believe that it is important that accessibility be built into every new construction project, renovation and business development plan. It should be an integral consideration of any business strategy just as health and safety policies and employee benefits are essential factors.
It is important to note that for public services providing “essential services” such as, the Bermuda Police Service, the Bermuda Fire & Rescue Service and the Department of Corrections, they are expected to comply with the reasonable accommodation provisions of the Bill as long as staffing levels remain at or above 90% operational efficiency.
The Human Rights Commission, under the auspices of the Department of Human Affairs, will be developing criteria and guidelines to support the provisions of the legislation.
The Commission has already started the process of consultation with businesses and other stakeholders including the National Accessibility Advisory Council, the National Office for Seniors and the Physically Challenged (the Ministry of Health), the Human Resource Associations and with the business community generally.
In closing, let me say I am proud to be associated with this joint Ministry initiative which will no doubt lead to a sea change in the employment rights of individuals with disabilities and enable them to live with dignity and self determination.
Thank you.
Minister DeSilva’s Statement:
Good afternoon everyone,
I am pleased to be here today with my Honourable colleague to promote legislation which will afford Persons with Disabilities the legal expectation to be appropriately considered for employment when applying for jobs for which they are qualified.
This Legislation will also help to ensure that individuals are treated with the dignity they deserve in the workplace, should a disability come while already in employment.
Employers, both public and private, will now have to look at how they recruit and consider all appropriately qualified persons for employment.
Article 23 of the Universal Declaration of Human Rights states, in part, that, “everyone has the right to work, to free choice of employment, to just and favourable conditions of work…”.
Bermuda’s constitution is based on those principles and I think that today’s announcement goes a long way in showing our commitment to those important foundations.
Likewise, from a more ‘local’ perspective, Bermuda has its own policy on disabilities which was accepted by Cabinet in 2007 – called the National Policy on Disabilities. It contains seven Goals.
Goal Five specifically addresses employment. It states: “All people with disabilities have the right to accessible facilities and job accommodations.”
And you would probably be surprised to know just how many people in Bermuda have a disability.
The Bermuda 2010 Population and Housing Census describes a disability as, “a long-term health condition that has lasted for more than six months and affects a person’s activity of daily living”.
Preliminary data from last year’s census indicates that 3,174 people in Bermuda have some form of disability. This is a 12% increase from the 2000 census which, in my opinion, is a hefty number for an island of our size.
The number of disabled persons under the age of 40 actually fell between 2000 and 2010, but the number of disabled persons between the age of 40 and 64 increased by 22%.
From the 2000 census we know that the second greatest impact of disabilities on the lives of disabled persons in Bermuda was, “prevention from working at a job”.
In 2000, there were 845 disabled persons aged 16-64 who were employed, and 59 persons who were looking for work. Of those persons with disabilities who were employed, the median annual income from their main job was $30,637.
To encourage the employment of those with disabilities, the Employment Taskforce was formed by the National Office for Seniors and the Physically Challenged (NOSPC), under the Ministry of Health, in 2010 to recommend an integrated system of employment assessment, placement and follow up for persons with disabilities in Bermuda.
Stakeholders have met regularly since then to identify several things… including the lack of resources; gaps in service; common issues experienced by all stakeholder agencies; skill sets needed; and to make recommendations for solutions.
NOSPC is mandated and structured to assist both employers and potential employees regarding reasonable accommodation.
One of its mandates is to reduce barriers for persons with disabilities so that they can live with dignity and self determination.
This is achieved by: providing:
- Information on accessibility;
- Advice on accessibility; and
- Conducting inspections on accessibility.
NOSPC can and does assist with:
- Assessments of potential employees with disabilities;
- Monitoring of employees once they are employed to ensure that any challenges are addressed;
- Sensitivity training for staff;
- Access to experts in disabilities both locally and internationally;
- Advice on how to adapt office space to make it accessible to all;
- Access to free Assistive Technologies;
- And ideas on how to develop Flexible work practices.
All of these things, along with today’s announcement, are helping to create a more inclusive Bermuda – of which we can be proud.
In closing, I would like to thank the Human Rights Commission, under the direction of the Minister of Youth, Families, and Sports for providing this Legislation which is needed so urgently in our community.
Thank You.
IF the Human Rights Act read something like, “all human beings have the right to pursue employment, shelter and basic services without fear of hindrance or discrimination,” many of these legislative changes wouldn’t be needed every time another group of unprotected citizens requests rights that should be afforded to all.