Creating Inclusive Workplaces: Ensuring Compliance for Indian Companies in Safeguarding Disabled Minorities
The Indian government has set forth regulatory standards that require companies to create an inclusive workplace that meets the needs of minority groups. In this article, we will cover the compliance requirements that companies must adhere to in order to safeguard the rights of employees with disabilities in the workplace.
To this end, the Indian government has enacted the Rights of Persons with Disabilities Act, 2016, which is a comprehensive legislation aimed at safeguarding and promoting the rights of individuals with disabilities in India. This Act establishes a legal framework to ensure that persons with disabilities have equal opportunities, their rights are protected, and they can fully participate in all aspects of life.
Section 2 of the Act stipulates that private establishments, including companies and firms, must comply with its provisions. This means that every company registered under the Companies Act must adhere to the guidelines set forth in the Act and the Disability Rules of 2017. Failure to comply with these regulations may result in a fine of up to INR 10,000 for the first instance of non-compliance, and not less than INR 50,000 but up to INR 5,00,000 for subsequent contraventions, as specified in Section 89. Therefore, it is crucial to review the provisions of the Act and ensure that your company has fulfilled all the compliance requirements.
The cornerstone of the principles enshrined in the Act is non-discrimination. Section 3(3) of the Act, together with Rule 3(1) of the Disability Rules, mandates that the “head of the establishment” must ensure that individuals with disabilities are not subjected to discrimination unless such discrimination is necessary to achieve a legitimate objective. Companies must ensure that their buildings, services, and information are accessible to individuals with disabilities, which includes providing ramps, elevators, Braille signs, audio signals, and other assistive devices [as per Section 40 of the Act and Rule 8(3) of the Disability Rules].
Moreover, companies are required to provide accessible information and communication technology to individuals with disabilities, which involves offering websites and software that cater to their needs. Companies must also guarantee that their disabled employees can access the technology and training they require to carry out their work effectively.
According to Section 21 of the Act, companies are obligated to publish an Equal Opportunity Policy, ensuring that persons with disabilities have equal employment opportunities and access to buildings, services, and information. As per Rules 3(2) and 3(3) of the Rights of Persons with Disabilities Rules, the policy must be visible to all personnel working on the premises and published on the company’s website. Furthermore, Section 21(1) mandates companies to register a copy of the policy with the State or Chief Commissioner.
If a company has 20 or more employees, the Equal Opportunity Policy should list out the facilities provided to enable persons with disabilities to perform their job functions effectively. The list must include the posts identified as suitable for disabled persons in the company, the manner of selecting disabled persons, their preferential allotment in terms of transfer, provisions for assistive devices, and the appointment of a liaison officer, as per Rule 8(2) of the Disability Rules.
For companies with less than 20 employees, the Equal Opportunity Policy must outline the steps taken to create a workplace that is accessible and accommodating to individuals with disabilities, enabling them to carry out their duties effectively. Additionally, under Section 22, every company is required to maintain records of individuals with disabilities in relation to their employment, the accommodations provided, and other necessary compliance measures.
To ensure compliance with the Act and the Rules, companies must provide training and support to employees with disabilities to help them perform their jobs effectively. Implementation of diversity and inclusion policies for persons with disabilities is also required by the Act. Providing workplace awareness and sensitivity training to employees can help achieve the twin requirements of non-discrimination and equal opportunity.
In conclusion, the Rights of Persons with Disabilities Act, 2016 lays down various compliance requirements for Indian companies to ensure equal employment opportunities and accessibility to buildings, services, and information for persons with disabilities. Failure to comply with these provisions may result in penalties and fines. It is imperative that companies ensure full compliance with the Act to safeguard the interests of persons with disabilities and promote inclusivity in the workplace.