Equal Employment Opportunity - (EEO)

Equal Employment Opportunity
THE LAW
Dr.S.L.Riyas PhD, Executive Director , Centre for Peace
Studies, Sri Lanka.
www.cpslanka.org/cpslanka@gmail.com

What is a disability?
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Dr.S.L.Riyas - Executive Director, Centre for Peace Studies-Sri
Lanka

What is a disability?
 A disability may be generally defined as a condition
which may restrict a person's mental, sensory, or
mobility functions to undertake or perform a task in the
same way as a person who does not have a disability.
 It does not mean that a person with a disability is unable
to perform all the important requirements of a job and
exceed the expectations of their employer.
 The legislative understanding of the term ‘person with
disability’ in Sri Lanka means “any person who as a
result of any deficiency in his physical or mental
capacities, whether congenital or not, is unable by
him/herself to ensure for him/herself, wholly or
partly, the necessities of life”.
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How Disabilities affect people?
 Disabilities affect people in different ways. Many people
associate the 'disabled' with someone who is in a
wheelchair, or who is blind or deaf. They have the
attitude that people with a disability are totally different
and therefore need to be treated differently.
Unfortunately, this kind of stereotyping is in itself a form
of discrimination.
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Person with Disability
 People with a disability come in a variety of shapes,
sizes, colours, sex and cultures - just as we all do. The
only thing that separates a person with a disability is
that, for one reason or another, they are unable to do
certain things in the same way as the mainstream of
society. They may require some form of adaptation or
alteration to assist them to overcome the effect of their
disability.
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Person with Disability
 A Disability is generally a condition either caused by
accident, trauma, genetics or disease, which may
restrict a person's mental processes, senses or mobility.
 A Handicap is a physical or attitudinal constraint
imposed on a person regardless of whether or not that
person has a disability.
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Types of disability
The Disability Discrimination Act (DDA) identifies and defines
the following categories of disability:
 PHYSICAL - affects a person's mobility or dexterity
 INTELLECTUAL - affects a person's abilities to learn
 PSYCHIATRIC - affects a person's thinking processes
 SENSORY - affects a person's ability to hear or see
 NEUROLOGICAL - results in the loss of some bodily or
mental functions
Also included are disabilities resulting from physical
disfigurement or from the presence of organisms causing or
capable of causing disease in the body.
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Usain Bold VS Pistorious
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Discussion (15 Minutes )
What is disability?
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What is Equal Employment
Opportunity?
 Equal Employment Opportunity (EEO) is making
sure that everyone has equal access to available
employment by:
 1. ensuring that workplaces are free from
discrimination and harassment, and
 2.providing programs to assist people to
overcome disadvantage.
 This means having workplace rules, policies,
practices and behaviors that are fair and do not
disadvantage people. In this environment, people
are valued and respected and have opportunities
to develop their full potential and pursue a career
path of their choice.
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 What is the meaning of Equal
Employment Opportunity?
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What is Equal Employment Opportunity?
 A number of people have been impacted in the past or
continue to be disadvantaged or discriminated against in
employment. These people include:
 women
 Aboriginal people and Torres Strait Islanders
 members of racial, ethnic, and ethno-religious minority
groups
 people with a disability
 young people under 25.
 The NSW government is committed to providing employment
opportunities for people in these groups to ensure that the
publics sector workforce is representative of the general
community.
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Discussion (15 Minutes )
 What is the meaning of Equal
Employment Opportunity?
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Government policies inform
services for people with disabilities
in Sri Lanka
 There has been slow and steady progress of legislation
to recognize and support people with disabilities in Sri
Lanka. The difficulties with data collection and the lack
of organized monitoring of progress makes it difficult to
say what difference is actually being made.
 Sri Lanka became a signatory to the United Nations
Convention on the Rights of Persons with Disabilities on
March 30, 2007, action has been taken to make
amendments to the existing Act No. 28 of 1996 -
Protection of the Rights of Persons with Disabilities Act.
The new legislation will be titled 'Disability Rights Act'
and subject to the approval of the Parliament.
amendments have already been made.
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National Policy on Disabilities for Sri
Lanka
 "The National Policy on Disability promotes and protects
the rights of people who have disability in the spirit of
social justice.
 They will have opportunities for enjoying a full and
satisfying life and to contribute to national development
with their knowledge, experience and particular skills
and capabilities as equal citizens of Sri Lanka".
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 (a) Respect for inherent dignity, individual autonomy.
Sri Lanka has assured respect, dignity and individual autonomy of
persons with disabilities under the Constitution of the Democratic
Socialist Republic of Sri Lanka.
 (b) Non-discrimination
According to the Constitution, no discrimination can be made to any
disabled person because of his disability. But still there are a group
of marginalized. Part V of the Act No. 28 of 1996 - Protection of the
Rights of the Persons with Disabilities Act says "23 (1) - No person
with a disability shall be discriminated against on the ground of such
disability in recruitment for any employment or office or admission to
any educational institution.
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 (2) No person with a disability shall, on the ground of such
disability, be subject to any liability, restriction or condition
with regard to access to, or use of, any building of place
which any other member of the public has access to or is
entitled to use, whether on the payment of any fee or not".

(c) Full and effective participation and inclusion in
society.
It is observed that there are barriers such as environmental
and transport accessibility barriers, communication barriers,
cultural for inclusion of persons with disabilities in the
mainstream. The Ministry has given its priority for the
implementation of accessibility facilities. Sign language
interpretation is little used on television and the Ministry is
taking action to provide assistance for the sign language
interpretation.
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National Policy on Disabilities
for Sri Lanka
 (d) Equality of opportunity
Although the equality of opportunities are assured
by the legislations, persons with disabilities are
still not equally treated. Although the three percent
job opportunities are reserved, it is not fairly given.

(e) Accessibility
The Disabled Persons (Accessibility) Regulation
No. 1 of 2006 has been gazetted and
amendments are being prepared. It is observed if
all the authorities take action to apply these
regulations, a disable-friendly environment will be
created.
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 Why are equal opportunities important?
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for Sri Lanka
 (f) Equality between men and women
According to the Act No. 28 of 1996, women are
also included in the National Council for Persons
with Disabilities. Presently, there are two female
members in the National Council. In 2007,
International Women's Day was marked under the
theme 'Empower Women with Disabilities'. All
assistance such as housing, medical and self-
employment are given irrespective of gender.
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for Sri Lanka
 (g) Children with disabilities
Services for the children with disabilities are
given in the child guidance centre established
under the Social Services Department. Under
the C.B.R. program, children with disabilities
are also rehabilitated.
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for Sri Lanka
 What is the meaning of equal employment
opportunity?
 How can SMEs increase equal opportunities for
women, persons with disabilities and other
vulnerable persons?
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Constitution 1978
 CHAPTER III - FUNDAMENTAL RIGHTS
 Right to equality.
 12. (1) All persons are equal before the law and are
entitled to the equal protection of the law.
 12. (3) No person shall, on the grounds of race, religion,
language, caste, sex or any one such grounds, be
subject to any disability, liability, restriction or condition
with regard to access to shops, public restaurants,
hotels, places of public entertainment and places of
public worship of his own religion.
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Key legislative instruments relevant
to disabled people:
 1988 Public Administration Circular –
3% of vacancies in public services and public
companies should be filled by people with
disabilities “possessing requisite qualifications
and whose disabilities would not be a
hindrance to the performance of duties”
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Key legislative instruments
relevant to disabled people:
 1992 Trust Fund Act for the Rehabilitation
of the Visually Handicapped provides for
education and training opportunities; financial
assistance; housing provision and welfare
schemes; marketing of products made by
people with visual impairments; action to
eliminate conditions which prevent gaining of
equal rights and opportunities.
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Key legislative instruments relevant
to disabled people:
 1996 Right of persons with Disabilities Act
No. 28 established the National Council and
the National Secretariat for Persons with
Disabilities.
 1996 Social Security Board Act 17 provides
for a pension and insurance for people with
disabilities in the case of accidents or old age
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 1996 National Health Policy provides for the
improvement of the quality of life: reducing
preventable diseases, running health
programs on disability and health measures to
prevent disability. Also provides for early
childhood development of children with
disabilities in rehabilitation; and Development
Centers with individual services, pre-
schools, house visits, assistance devices,
parental counseling and awareness for
children suffering from acute and chronic
mental illnesses 4/13/2017
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 1997 General Educational
Reforms introduced the inclusion of children
who have disabilities in the ordinary classroom
(an approach which started in the early
1970s). Changes in teaching, the curriculum,
counselling, career guidance, school-based
management and new strategies for teacher
education, were all promoted to benefit
children who have disabilities within inclusive
education. Child assessment on entry to and
continuously through primary school also
helps to identify children with disability.4/13/2017
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 1999 Ranaviru Seva Act provides for the care
and rehabilitation of members of the armed
forces and police force who have become
disabled in the line of duty.
 2003 National Disability Policy provides the
most comprehensive and progressive and
holistic framework in Sri Lanka to date, for
equality and opportunity for people with
disabilities. This policy promotes community-
based rehabilitation (CBR) and partnership
with NGOs.
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What are disabled people’s rights and do
they live by these rights in Sri Lanka?
 The Universal Declaration of Human Rights states
that all human beings are born free and equal in
dignity and rights (Article 1) and that everyone is
entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind
(Article 2).
 People with disabilities therefore have the same
rights as all of us, to express their views, to work,
to have a reasonable standard of living. But, we
do not believe these rights are fully realized for
people with disabilities.
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Number of Disabled People in Sri
Lanka
 UNESCAP 2003
7% of the Sri Lanka population has a disability
 GoSLCensus 2001
1.6% of the total Sri Lanka population has a disability (274,711 people)
0-4 yr olds with disability: 4,851
Galle (all ages) disabled population 17,873 (rate 180.4 per 10,000)
31.7% of all disabled people (87,105) report having had no schooling
3.3% of all disabled people over 10 yrs have received vocational training
14.4% of all disabled people are in employment
4.1% of all mentally disabled people are in employment
73.3% of all disabled people are supported by their families
6.2% of all disabled people are supported by institutions or organizations
0.4% of all disabled people resort to begging for their livelihood
 World Bank
People with Disabilities make up 5% of the world’s population; and constitute 20% of
the world’s poor
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Education for Children with
Disabilities
 The government in Sri Lanka intends that all
children with disabilities who are able to, attend
local government schools.
 government support the aim for inclusive
education. However, in practice we know that
many children with disabilities do not go to school.
Some are never enrolled, others try to attend
school and for many reasons drop out: lack of
support, lack of transport, parents unwilling or
unable to see the benefits of education for their
disabled child, lack of resources, facilities,
equipment and training in schools to make
inclusive education a reality.
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Education for Children with
Disabilities
 31.7% of all disabled people in Sri Lanka report
having had no schooling;
 around 11% of disabled people passed grade 3 or
lower.
 around 14% passed at grade 4-5.
 around 18% passed at grade 6-8.
 around 11% at grades 9-10. Around 11% of all
disabled people report having an education to O Level
standard.
 only 3% to A level standard.
 The numbers of disabled people with higher
educational qualifications is negligible.
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Support for Families of Disabled
People
 National statistics show that (73.3%) of
disabled people are supported by their
families.
 In Sri Lanka, there is no movement at present
for independent living for people with
disabilities. Accessibility for people with
mobility problems is particularly difficult, even
in urban areas.
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Employment Opportunities
 The government estimates that there are around 200,000 work-
eligible people with disabilities in Sri Lanka.
 National statistics show that around 85% of the working-age
population of disabled people is not in employment.
 However, the fact, who may benefit from the social contact, physical
and mental stimulation, income and increased self esteem that can
come from meaningful and appropriate employment, there are very
limited opportunities.
 Opportunities for vocational training are extremely limited, with only
19 government – led vocational centres for people with disabilities
across the whole island, and these offering segregated
opportunities keeping disabled people apart from their non-disabled
peers.
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International Experience- USA
 RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
 Title VII of the Civil Rights Act of 1964, as amended,
protects applicants and employees from discrimination
in hiring, promotion, discharge, pay, fringe benefits, job
training, classification, referral, and other aspects of
employment, on the basis of race, color, religion, sex
(including pregnancy), or national origin. Religious
discrimination includes failing to reasonably
accommodate an employee’s religious practices where
the accommodation does not impose undue hardship.
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 DISABILITY
 Title I and Title V of the Americans with Disabilities
Act of 1990, as amended, protect qualified
individuals from discrimination on the basis of
disability in hiring, promotion, discharge, pay, fringe
benefits, job training, classification, referral, and
other aspects of employment. Disability
discrimination includes not making reasonable
accommodation to the known physical or mental
limitations of an otherwise qualified individual with a
disability who is an applicant or employee, barring
undue hardship. 4/13/2017
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 AGE
 The Age Discrimination in Employment Act of
1967, as amended, protects applicants and
employees 40 years of age or older from
discrimination based on age in hiring,
promotion, discharge, pay, fringe benefits, job
training, classification, referral, and other
aspects of employment
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 SEX (WAGES)
 In addition to sex discrimination prohibited by
Title VII of the Civil Rights Act, as amended,
the Equal Pay Act of 1963, as amended,
prohibits sex discrimination in the payment of
wages to women and men performing
substantially equal work, in jobs that require
equal skill, effort, and responsibility, under
similar working conditions, in the same
establishment
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 GENETICS
 Title II of the Genetic Information Nondiscrimination Act of
2008 protects applicants and employees from discrimination
based on genetic information in hiring, promotion, discharge,
pay, fringe benefits, job training, classification, referral, and
other aspects of employment. GINA also restricts employers’
acquisition of genetic information and strictly limits disclosure
of genetic information. Genetic information includes
information about genetic tests of applicants, employees, or
their family members; the manifestation of diseases or
disorders in family members (family medical history); and
requests for or receipt of genetic services by applicants,
employees, or their family members.
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 RETALIATION
 All of these Federal laws prohibit covered
entities from retaliating against a person who
files a charge of discrimination, participates in
a discrimination proceeding, or otherwise
opposes an unlawful employment practice.
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 WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS
OCCURRED
 There are strict time limits for filing charges of employment
discrimination. To preserve the ability of EEOC to act on your
behalf and to protect your right to file a private lawsuit, should
you ultimately need to, you should contact EEOC promptly
when discrimination is suspected: The U.S. Equal
Employment Opportunity Commission (EEOC), 1-800-669-
4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for
individuals with hearing impairments). EEOC field office
information is available at www.eeoc.gov or in most telephone
directories in the U.S. Government or Federal Government
section. Additional information about EEOC
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THANK YOU
Coming together is beginning
Keeping together is progress
Working together is success
- Henry ford
Recognize people, Engage people, treat people like Equals
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