Have you ever faced discrimination or stigma from your employers because of your disability? You’re not alone. I’ve faced it too, and it’s time to create equitable opportunities for people like us.
“You are not competent.” “You cannot survive in a high-pressure environment.” “We want you to resign.” These were the exact statements I heard from my supervisor at my last job, all because I had a mental health condition called bipolar affective disorder (BPAD). For those unaware, BPAD is a chronic illness that affects a person’s mood and sleep. After experiencing a manic episode at the office, I was instructed to work from home permanently, despite my psychiatrist clearing me to return to the office. I should have recognized the red flags. The contract included a clause requiring me to disclose my disability and sign a statement declaring that I was fit to work and would not pose any problems for the organization. This should have been a warning sign, but my optimistic nature led me to overlook this problematic contractual clause.
However, I later learned from medical experts that this practice is a common ploy used by many Indian companies against employees with disabilities and is actually illegal. “The Rights of Persons with Disabilities Act, 2016, is a disability law passed by the Parliament of India to fulfill its obligations under the United Nations Convention on the Rights of Persons with Disabilities, ratified by India in 2007,” explains Prabha Hari, CEO of Operations at ADAPT, formerly The Spastics Society of India. “The Act replaces the Persons with Disabilities Act, 1995.”
According to the law, “the objective of the RPwD Act is to ensure that all persons with disabilities can lead their lives with dignity, without discrimination and with equal opportunities.” Hari adds that “it criminalizes discrimination of any kind towards persons with disabilities,” stating that “all fundamental rights and labour laws that are granted to citizens are valid for persons with disabilities (PwD) too.”
Furthermore, it is not mandatory for PwDs to disclose their disability at the workplace. However, for reasonable accommodations and screen reader access, it is beneficial to discuss these provisions with the employer. “It enables a PwD to work seamlessly and allows the employer to understand the needs and provide accommodations as necessary,” notes Vineet Saraiwala, founder and CEO at Atypical Advantage.
But these are just words with limited implementation. While I was asked to leave the organization on good terms with an ex-gratia payment, others like me with physical or mental disabilities often face unequal opportunities.
What the Numbers Say
“An estimated 1.3 billion people experience significant disability. This represents 16% of the world’s population, or 1 in 6 of us,” according to the World Health Organization (WHO). “Persons with disabilities face many health inequities, which arise from unfair conditions, including stigma, discrimination, poverty, exclusion from education and employment, and barriers within the health system itself.”
This is reflected in research conducted by the Urban Institute in 2022, which found that “4 in 10 adults with disabilities (40 percent) reported experiencing unfair treatment in healthcare settings, at work, or when applying for public benefits because of their disabilities or other personal characteristics in the previous year.”
Back home, according to the 2011 Census, India had 2.68 crore persons with disabilities (PwDs), making up 2.21% of the total population. Of this, only a quarter were reported as being officially employed. Men accounted for 56% of the PwD population, while women made up 44%, with nearly 70% of PwDs residing in rural areas.
“However, non-governmental sources estimate that PwDs may represent between 5% and 15% of India’s population, highlighting the potential underreporting and the need for a more accurate understanding of this community’s size,” says Dr Jitender Aggarwal, Founder & CEO Sarthak Educational Trust.
“Discrimination at Every Turn”
One such story is of Amit Asha Anand Bagade, 40, who lives with bipolar disorder. Based in Mumbai, he has faced unequal opportunities and discrimination at his workplace because of his disability. “At every turn, my mental illness has been an obstacle in my career,” he says. “As an assistant professor at a reputed college, I was dismissed after a manic episode, which hindered my ability to work. Even after receiving clearance from my psychiatrist, the college principal asked me to resign.”
It’s not just him. Dev Ramprasad, a 19-year-old with Down’s Syndrome, cannot work in a traditional organization due to his mental and physical limitations. To make him ‘employable,’ his parents started a small business for him. “Dev cannot be employed in a regular way as he is non-verbal. We created a workspace for him in the form of a small business called Hippy Turtle, where Dev expresses himself through art. He only needs to sit at the stalls during exhibition days,” his mother, Parul Kala, tells me. Even in this business, Dev faces issues related to mobility and access. “Despite compassion and support from the organizers in terms of rental concessions, there are no special provisions for him, such as access to toilets, better working conditions, and easy access to the stall. He is expected to manage like everyone else, which makes him completely dependent on adult support,” she adds.
Progress Report
Despite the problems faced by PwDs, there is a call for more diversity, equity, and inclusion (DEI) policies by companies, but it seems to be limited to developed nations and those with socio-economic capital.
The first time I disclosed my disability was when I applied to a foreign university in the US, which had accommodations for people like me, including health services and insurance. Later, when I got a job, I found that people were kind and flexible about my work environment as I attended group therapy. However, when I returned to India and opened up about my disability at the workplace, I received a harrowing response from the Human Resources Manager, who casually questioned whether I was an occupational hazard and would harm anyone in the office. They required a certificate from my psychiatrist to prove my fitness at the workplace due to ‘statutory compliance.’ At my second job in India, I chose not to disclose my disability because it did not affect my work performance, and I feared that revealing it might jeopardize my employment. It was my third job, as mentioned earlier, where I was discriminated against to the extent that I was forced to resign, which is against the law. I considered filing a disability claim against them, but given our legal system, I doubt it would be effective.
Dr Vasundharaa S. Nair, an assistant professor at Jindal Institute of Behavioural Sciences, whose research interest is around PwDs in the workplace, emphasizes the need for better protocols and education. She says that “companies often have a limited understanding of disabilities and the accommodations required. At the same time, some companies that believe they understand the requirements struggle to implement them effectively.”
Saraiwala adds that the primary challenge is the widespread lack of awareness, with over 90 per cent of both physical and digital environments remaining inaccessible to PwDs. “With the right education and awareness, this can change.”
Major Challenges
From infrastructural issues to digital accessibility, Saraiwala lists the challenges faced by PwDs in the workplace:
– Insufficient infrastructure and inaccessible environments physically limit the mobility and participation of PwDs.
– A lack of physical and digital accessibility.
– Many PwDs in India may lack the necessary educational background, so companies need to be patient and invest in training and hiring.
“This understanding and investment can make a significant difference in the lives of PwDs,” he states.
Workable Solutions
Given that stigma is a major issue, Bagade advocates for sensitization programs by the government and organizations to ensure equitable opportunities for people with disabilities.
Similarly, Hari calls for increased understanding of disabilities and the dispelling of common misconceptions and myths surrounding various physical and mental ailments. “Training in disability etiquette and interaction is required. Proper guidelines should be established to shift mindsets, dismantle stereotypes, and embrace diversity with dignity and respect,” he says, adding, “Clear operational codes for companies to implement the RPwD Act and recommendations for disability reservation can also help. More regular and comprehensive evaluations of company practices by external authorities, such as the government or special committees, are another solution.”
Ultimately, treating disability as a ‘different ability’ rather than ostracizing or boycotting individuals who deviate from the norm should be the standard. “The final and perhaps most crucial step is to shift our mindset about the capabilities of people with disabilities. By recognizing and valuing their talents and hard work, we can significantly improve their lives and contribute to a more inclusive society,” Saraiwala concludes.
The article was originally published here.