The Persons with Disabilities (Equal Opportunities) Act, 2014
The Bahamas’ Persons with Disabilities (Equal Opportunities) Act, 2014, was enacted to end discrimination against persons with disabilities as well as protect their rights, promote responsibility, ensure accessibility and advance equal opportunities. One of the key provisions of the legislation is to cause persons with disabilities to be treated equally and fairly when applying for or engaging in any type of employment. All businesses and employers are important stakeholders in helping to provide an inclusive environment for persons with disabilities. In doing this, businesses and employers are helping to protect the rights of persons with disabilities to live their full potential, achieve greater independence and contribute to national and economic development.
What The Persons with Disabilities Act says about Employment
Section 14 of the Act states that,
1. No person shall deny a person with a disability equal access to opportunities for suitable employment.
2. A qualified employee with a disability shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as qualified able-bodied employees.
3. Every employer having more than 100 employees shall employ not less than 1% of qualified persons with disabilities.
4. The Commission shall provide a list of employable persons with disabilities and where such persons are not available for employment the Commission may issue to the employer, a certificate of exemption from the requirement.
The Act clearly states that no employer shall discriminate against person with disabilities in relation to —
(a) the advertisement of employment;
(b) the recruitment for employment;
(c) the creation, classification or abolition of posts;
(d) the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits;
(e) the choice of persons for posts,
(f) the provisions of facilities related to or connected with employment; or
(g) any other matter related to employment.
A person with a disability who feels discriminated against by an employer may complain to the Commission. The Commission will seek to have the complaint resolved amicably, and only if necessary, will issue adjustment orders or request the Attorney-General to take appropriate legal action.
The law requires employers to provide reasonable accommodation for persons with disabilities. This means that such places must remove barriers— structural, physical or administrative— in existing facilities where such removal is readily achievable and does not create undue burden.
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