ALL over the world, persons with disabilities (PwD) experience discrimination in the workplace.
As such, many progressive nations have enacted legislation to address this issue.
It was disappointing to hear our Human Resources Minister V. Sivakumar express that there was no such need in Malaysia because we had “very few cases involving workplace discrimination” and that “existing legal provisions are sufficient”.
All of us are aware that discrimination based on gender, ethnicity, religion and disability is common in Malaysia.
Regarding workplace discrimination against PwD, the lack of reports does not reflect the reality.
There have been several studies to show that workplace discrimination against this group is a reality and widespread.
Some examples include Khoo SL 2013, Lee M. N. and Narayanan 2018.
Hence, our minister’s data of “eight cases” needs a major revision.
What is more distressing and often poorly recognised, is that many PwD do not even get employed as they are rejected at the application phase or during the job interview, once the prospective employer discovers they are disabled.
In a survey conducted by Vase.ai and Women’s Aid Organisation in 2020, women with a permanent disability were told by their interviewer or recruiter that they should consider freelancing instead as their disability was an issue.
Hence, good discrimination legislation must always address this loophole in employment.
Persons with disabilities who manage to secure employment face significant and unresolved challenges at the workplace in terms of physical barriers at the workplace (mobility access) and unsupportive employment environments with little reasonable accommodation.
As long as we do not have legislation to address this, PwD will continue to struggle to maintain their employment status.
Although the government has a policy target that 1% of the employees in the civil service should be PwD, it was reported in 2021 that the current achievement was only at 0.35%.
This data alone shows the crisis faced by the group in getting employment in Malaysia.
I hope the government will not deny that this group continues to face significant discrimination in getting employment and being able to negotiate the workplace environment – physically and socially.
Acknowledging the reality is the first step to putting in place remedial actions.
The recent amendments to the Employment Act (Employment (Amendment) Act 2021 - changes to the Employment Act 1955) have some anti-discrimination provisions.
However, this provision is vague and it does not define discrimination and fails to specify disability status as protected.
We must revise the Employment Act to include disability and a clear definition of discrimination.
In addition, Article 8(2) of the Federal Constitution needs to be revised to expressly prohibit discrimination on the grounds of disability.
Finally, the Persons with Disabilities (PwD) Act 2008 (Act 685), which is currently being amended, should have clear and strong provisions for them to have the right to work and employment in all sectors on an equal basis with persons without disabilities.
The Act should spell out what reasonable accommodation is required to be put in place by employers to facilitate the employment of PwD and their pre-employment opportunities.
The Malaysia Madani concept speaks of respect, trust and compassion.
Let us enflesh these principles – make them real – in the lives of PwD in our country.
Show us respect by acknowledging the truth of workplace discrimination.
Give us compassion by facilitating our employment and trust us that we can contribute significantly to building our country together.
Comments: letters@thesundaily.com
