Turning legal compliance into business benefit

There is a growing international trend towards the protection of individual and group rights for disabled employees and customers through anti-discrimination and human rights legislation.

• Circa 75 countries already have some form of disability discrimination legislation and the number is steadily rising
• European Directive 2000/78/EC requires European states to introduce protection for their disabled citizens by 2006
• 66 countries have ratified the UN Convention on the Rights of Persons with Disabilities

More information about the increasing legal responsibilities to individuals

The legal benefits

Disability Confidence helps to ensure that your business stays within the law, no matter which country you are operating in. There are a number of obvious benefits of ensuring that you do not act in an unlawful manner.

Reputation management

Disability discrimination and human rights violation cases are extremely damaging to corporate reputation. They attract high profile negative press coverage and stakeholder pressure, which no company wants. Disabled people, and their friends and families are increasingly aware of their rights and are more likely to act to protect them.

Employees are aware of their rights. 92% of 1038 UK employees surveyed know that employers cannot and should not discriminate on account of disability; only 2 of 19 other areas of employment rights were more well known. [i]

Reduced legal costs and damages

Disability discrimination cases in the UK have resulted in six figure payouts, with estimated legal costs in fighting cases much higher.

Governance and accountability: Creating a constructive legal environment

Legal compliance is a key element of accountability and socially responsible business practice and disability rights are an increasingly important element of the licence to operate.

The high profile disability discrimination cases brought against Ryanair have attracted the attention of a number of European authorities and are a factor in forthcoming decisions in granting of licences to fly into a number of European airports.

Responsible business practice helps to create a regulatory environment which works to the mutual benefit of business and disabled people. The constructive role which UK business played in the development of the Disability Discrimination Act (DDA), has resulted in more positive relationships between business and disabled stakeholders.

Failure to act within the spirit of the law can lead to increased and potentially more stringent regulation. Following poor practice by a number of airlines, MEPs have backed new legislation in Europe which will provide greater protection to disabled air passengers and ensure that they cannot be refused transportations. [ii]

Moving beyond compliance

The legal benefits of getting it right on disability are, of course, important, but only form one block of a sophisticated business case for disability confidence. The increase in legislation worldwide is an indicator of the fundamental shift that is taking place in the way that disabled people are perceived by society. It is no longer acceptable to exclude people on the basis of assumptions linked to a medical label which cannot predict their potential to contribute.

A compliance culture only elevates risk given the legal complexities. The definition of disability varies country by country, as does the interpretation of what is reasonable in terms of adjustments or accommodations for disabled employees and the extent to which service providers are required anticipate the needs of customers.

Only disability confidence lifts you out of the legal risk zone no matter where you operate and ensures that legal compliance is turned to business benefit.

Sources

1. [i]‘Awareness, Knowledge and Exercise of Individual Employment Rights’ , IES/BMRB 2005. Employment Studies research newsletter July 2006, Issue 4.
2. [ii] the parliament.com – MEPs seek to end airline discrimination