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.
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