employment of people with disabilities in the public sector part 5 disability act

Employment of people with disabilities in the public sectorPart 5 Disability Act

Eithne Fitzgerald

Head of Policy and Research

The National Disability Authority is the independent state body

providing expert advice on disability policy and practice to Government, and promoting Universal Design in Ireland

Public service employment target• 3% employment target introduced in 1977

• Put on statutory footing from 2006

• Legal obligation to promote and support employment of people with disabilities

• Monitoring and reporting structure

Context

• Employment rate of people with disabilities is half that of others (33% v 66%)

• Even in the boom times, employment rate low • Public sector target an important positive

action measure• 2006 data suggests 2:1 public to private sector • 3% target is very conservative – 11% of people

of working age have a disability• Act provides for jobs target to be varied

Disability and employment 2011

0%

10%

20%

30%

40%

50%

60%

70%

80%

20-24 25-34 35-44 45-54 55-64 20-64

pwd

others

Pwd by difficulty workingQNHS 2002

53.6

20.1

27.8

17.418.7

62.4

0

10

20

30

40

50

60

70

working not working

no restrsome resthigh restr

Legal obligation on public bodies• As far as practicable take all reasonable

measures to promote and support the employment of pwd

• Reach 3% target unless there are good reasons to the contrary

• Report on compliance by 31st March

• Comply with any statutory Codes of Practice

• Covers public service (except Gardai, army, schools)

Pwd of working age (20-64) - Census 2006

Potential labour force (less home duties, students, older retired)

99,000

Not in work

In work

unemployed

Labour force status ill/disabled

63,000

72,000 15,000

81,000

People with disabilities and employment

62,000

11,000

Difficulty working

Difficultyworking

208,000

Monitoring system

• Monitoring Committees with trade union representation oversee compliance in bodies under their Departments

• Finance/PER oversee civil servant employment

• Monitoring cttes first point of oversight• They report to National Disability Authority• NDA issues annual report to Minister• NDA can recommend enforcement action

National Disability Authority role• Monitoring Committees send reports to us

on compliance, by end June

• NDA prepares annual report on compliance

• Published www.nda.ie

• If public body is in breach 2 years in a row, NDA can recommend mandatory action, with agreement of relevant Minister

• Guidance to public bodies

How are we doing?

• 2007 – 2.5% across the public service• 2008 – 2.7%• 2009 – 2.9%• 2010 – 2.7%• 2011 – looking good

• Substantive issues – embargo, downsizing. Bodies who don’t give this obligation attention

• Data issues. Poor collection. Poor response rates.

NDA follow-up

• Valid reasons - micro-bodies, safety-critical work, specialist qualifications, embargo

• Focus on bodies which have been recruiting but not met the target

• Statutory requests for information to get behind why hasn’t met the target

• Strategic support to larger bodies

• Tailored advice

Definition of disability

• ‘Disability, in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment’

• Focus is on people with more serious difficulties

• No reflection on anybody’s capacity to do their job

• People who have been accommodated because of a disability are included

Collecting data• Baseline census of all employees with

disabilities• Establish disability status as per Disability

Act of all employees• Update annually by reference to

– Recruitment of staff with disabilities– Departure of staff with disabilities– Staff who acquire a disability

• People reluctant to report a disability• Non-completion of forms

Looking to the future

• 1977 intake now retiring

• Strategic planning around recruitment must take 3% target on board

• Engage with bodies who can supply potential recruits

• Not enough to say ‘no-one qualified’ – strategic approach to training pwd for jobs

• Support, promote, retain

• Recession won’t last forever!