CRPD/C/GC/8 employment of persons with disabilities in the public and private sectors, including vocational programmes. 35 Further measures include quotas – requirements that at least a specific percentage of an employer’s workforce be made up of employees with disabilities — or targets. All measures should be accompanied by an annual reporting requirement on compliance by public authorities. I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h)) 42. The Committee has recommended strategies to States parties to increase the employment of persons with disabilities in the public sector that are equally applicable to the private sector. Specific affirmative action measures may be required, such as quotas to increase the employment of persons with disabilities in the private sector. At the same time, quotas alone are insufficient to promote the employment of persons with disabilities and may be resisted by persons with disabilities if the system focuses on impairment rather than ability. Quotas also raise issues of confidentiality. Other affirmative action measures include public procurement measures, such as tendering processes, that give preference to enterprises owned by persons with disabilities or that employ persons with disabilities, and the allocation of targeted funding to promote the employment of persons with disabilities, such as modifications of the working environment, apprentice wage support, payroll tax deductions and wage subsidies. 43. Preferential purchasing policies that promote or support segregated employment are not affirmative action measures that are consistent with the Convention. In order to ensure consistency with the Convention, affirmative action involves, inter alia: (a) Ensuring that employers do not restrict persons with disabilities to certain occupations, reserved jobs or specific employment units; (b) Ensuring that employers do not restrict access for persons with disabilities to opportunities for promotion and career growth; (c) Taking steps to ensure that work promoted under these measures does not constitute “fake” employment, whereby persons with disabilities are engaged by employers but do not perform work or do not have meaningful employment on an equal basis with others; (d) workplace. Incorporating a disability, gender and age perspective throughout the 44. States parties should consult closely with organizations of persons with disabilities when designing affirmative action measures.36 Such measures in the private sector will be most effective if they form part of a holistic approach by States parties to promote the employment of persons with disabilities. J. Provision of reasonable accommodation in the workplace (art. 27 (1) (i)) 45. The duty to provide reasonable accommodation is different from the duty to ensure accessibility. Reasonable accommodation involves the provision of individualized modifications, adjustments and support to enable persons with disabilities to perform the inherent requirements of their work on an equal basis with others. States parties should ensure that the provision of reasonable accommodation is facilitated through measures and programmes that provide technical and financial assistance to public and private employers. Nevertheless, as part of their accessibility duty, public and private employers need to ensure they have a clear, accessible and timely process for dealing with the need for reasonable accommodation. Where a barrier to full inclusion of an individual with disabilities is 35 36 For example, CRPD/C/CAN/CO/1, para. 48 (c); CRPD/C/GTM/CO/1, para. 63; CRPD/C/JOR/CO/1, para. 50 (c); and CRPD/C/URY/CO/1, paras. 57–58. Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 29. 9

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