Discrimination in the Employment of Disabled People - Research Paper Example

Discrimination in the Employment of Disabled People Business Ethics work 11-12 Table of Contents Introduction ……………………………………………………………….......3 Purpose of the Study..........................................................................................4 Hypotheses.........................................................................................................4-5 Methodology ………………………………………………………………….5-7 Limitations......................................................................................................... 9 Research Validation…………………………………………………………….9-12 Steares Ethical Dilemma & Integrating Disabled Persons in Workplaces …..11-15 Policy-formulation Protecting Disabled Persons…...........................................15-17 Conclusion…………………………………………...……………………….. 17-20 References ……………………………………………….……………………..21 Appendices a. Validation 11-12 .............................................................................................20 b. Summary of Primary and Secondary Sources................................................ 21 c. Figures of Action Research Cycle ……………………….………………….21 d. Figure of Ethical Principles ..............................................................................7 INTRODUCTION Disabled persons confront dilemma and discrimination especially in the enjoyment of opportunities for employment. Majority of the society and even some families consider disregard them as social liability noting their incapacity to do economic contribution.. Sociologists pointed that this prejudicial treatment to those with disability are specific concern not only of the family or the person himself, but also of government agencies, private institution and community. In a focus group discussion with persons with disability, they relate ethical principles which motivated them to pursue their right to personal development, thus, reasserted their humanity, intelligence, leadership, albeit their need for support (Hum & Simpson, 1996: pp. 287-299). Psychologists even reported they are at times weakened when doubted of their capabilities and when unloved or uncared. Thus, there really is a need for stakeholders to be educated and to transform their unfair treatment against persons with disability (Davoine, 2006, pp. 8-10). Purpose of the Study This is a qualitative explication about discrimination on disabled persons in correlation to business ethics. This aims to offer a resolution to answer the following questions: a. Is discrimination the root cause of the unfair treatment against persons with disability at work or this caused by absence of protective policies or the lack the enforcement out there? b. What are the solutions undertaken by policymakers to protect persons of disability? The researcher likewise assert that this issue on discrimination against disabled persons at workplaces can be resolved its inherent ethical dilemma by upholding business ethics as an international and corporate policy. Hypotheses Considering the difficulty of the subject, this researcher works to resolve the following hypotheses: H-1 a. Discrimination of disabled persons is caused by lack of protective policies. H-1 b. Discrimination of disabled persons is not caused by lack of protective policies, rather by the lack of enforcement of policies. H-2 a. The government and corporations have integrated disabled persons into their institution in loyalty to corporate ethics and policy. H-2 b. The government and corporations have not integrated disabled persons into their institution in adherence to corporate ethics and policy. Researcher will use primary and secondary sources taken from related researches published in journals, magazines, books, and other similar references. Primary sources are randomly chosen respondents based on the qualification necessary and befitting for this study. Methodology The research utilises the action research cycle as its methodology with four basic steps: plan, act, observe or collect, and reflect or review (Baskerville & Wood-Harper, 1996, pp. 235-246). It aimed at improving or transforming a situation. It also aims to inspire readers for further helpful intervention that could assuage their situation. (Baskerville et al., 1996, p. 240). It will look into specific practices of a group or persons, their level of understanding or capacity for decision-making; and, the effect of their practices on the research outcome (Baskerville et al., 1996, pp. 241-246). This methodology is illustrated in a Table 1 showed below: Figures 1 and 2: Action Research Cycle illustrating its movements toward changes (Baskerville et al., 1996, pp. 235-246). Table 1. Action Plan Cycle. (Adapted from: Pinchen and Passfield (1995, p.21) Matrix illustrating researcher‘s plan about how to resolve the ethical dilemma. This will also test the hypotheses drawn. PLAN ACT OBSERVE REFLECT Brainstorming Gather primary and Secondary information Locate literatures and trends What are the information and facts revealing to me? Decide on persons with disability and institution working and advocating for their rights Conduct interviews with key informants Do in-depth analysis and observations Is there any best practice that can resolve the ethical dilemma? Critical Friend Conduct interviews with key informants Consolidate interviews and do in-depth analysis Have I balanced the information with all of the information from critical respondents? Focus Group Conduct focus group discussion with institution supporting rights and welfare of persons with disabilities Consolidate outcome of the FGDs and do in-depth analysis. Observe variety of opinions Have I gathered honest, accurate, realistic, and good recommendations which can be integrated in drawing conclusion? Find Specific cases regarding the issue Find and interview a person with disability with compelling experience Observe impacts and outcomes from his/her experiences Are there best practices and great reflection which can be cited in this study? The planning stage deals with researcher’s careful decision-making on what steps and frameworks in looking into discrimination to disabled people. The acting phase refers to researcher’s actual undertaking ion gathering primary and secondary information through interview of key informants and conduct of focus group discussion with respondents. The observation phase involves researcher into critical analysis and examination of informants responses while the reflection phase engages researcher to do critical self-analysis. The completion of the project cycle relied on a framework of progression shown in Table 2 below. Table 2. Summary of Research Timetable Research Process What/When? 16-20 December 2010 21 January 2011 1 February 2011 23 February 2011 March 2011 Initial Claims 2. Initial Claim -Policies on labor are unclear and not effective in protecting the rights, interests and welfare of persons suffering physical disabilities. -There is unfair enforcement of labor policy which hurt the persons with disabilities. -The problem can be resolve by enforcing and making the labor policies more effective to them. 2. Research Key Findings - Britain has Equality law for labor forces. -About persons with disabilities 3. Critical Friend - The Equality Law for all labor sectors, including persons with disability, is a fair solution to the problem in this study. Persons with disability felt that this policy is not fully enforced and/or there is obvious bias in the implementation. Reminding self to look at the issue from the perspective of persons with disability 4. Focus Group Discussion -discussion about persons with disabilities; -deepening of analysis on PoDs situation; -discussion about their advocacies on PoDs rights -discussion on the opportunities available for the PoDs; -discussion on the challenges and steps to be undertaken to better the situation and opportunities for the PoDs as vulnerable and special sector the society. 6. Validation -Received feedback that the subject of the study is explored at diverse angles -Maintain objective and impartial views of the subject of this study -Are the arguments person-centered? -policy and advocacy-focused recommendations should be practicable, necessary and beneficial. 3. Critical Friend Summarize all the information and integrated them all in the conclusion 5.Interview with a KI Interviewee should be persons with disabilities who have risen from its situation and has forceful story. KIs experiences will be integrated in the analysis of PoDs situation bearing insight that what happened to him/her could be possibly deflected to others too. Research and Key Findings Critical Friend Focus Group Discussion Interview with Key Informants Validation Limitations of the Study This qualitative study is limited to the theme on discrimination of disabled persons from employment. In clarifying all these, this researcher is limited by the number of respondents and literatures utilised and by his level of intellectual level of comprehension in understanding the subject of this study. The researcher is further limited by the general ethical standards in the conduct and must retain sensitivities to background factors surrounding issues on disability--the latter being susceptible to varied empirical experiences and meanings (Guillemin & Gillam, 2004, pp. 261-280). Research Validation and Ethical Principles This study is subject to research validation to ascertain if it has considerably meets regulatory guidelines or standards, for accuracy, and if it has achieved critical or analytical limits. The validation will be conducted by ten expert persons. Ethical principles of Steare and Hall will be utilized to support the subject. Figure 3. Ethical Principles. (Fisher & Lovel, 2009, p. 102) This ethical model, as tool for validation, is consistent with the Kantian ethics to enrich significant morally appropriate recommendation. Efforts will be applied to re-examine policies and if these have effectively and consistently served the rights and interests of persons with disability. Figure 3 illustrated such. Hall’s Theory The researcher uses the Traffic Light to show the most practicable application for this study. Researcher tagged the yellow colour to purposeful ethics inspired by Kant and Rawl’s ethics about the vitality of “acting-as-a-duty” and “giving justice” for people with disability from discrimination. Experts pointed that people shouldn’t act or practice those that cannot be suggested to others (Fisher & Lovell, 2009, p. 109). In undertaking policy-based examination, researcher will raise the following questions: 1. Is the decision legal? YES 2. Is the decision fair? NO 3. Does the decision hurt anyone? YES 4. Have I been honest with those affected? YES 5. Can I live with my decision? YES Figure 4. Traffic Light (Hall, 1992, pp. 135-144). 1. The researcher likewise uses the traffic light to illustrate Hall’s Five Point Test (Hall, 1992). This symbolizes the perspectives of key informants, respondents of focus group discussion (FGD) and of the critical friend (CF). 2. I have marked it green to indicate that government has a national law on labor that is protective of the interests of the workers, including the vulnerable sector, such as those persons with disability. The law further demand companies to implement in accordance to national program of integrating persons with disability free from discrimination. 3. The yellow light show that decision is maybe fair or unfair to persons with disability and to some companies. Some companies perceived that persons with disability will not be able to meet performance standard noting his/her physical limitations. They might be inconsiderate of their health conditions. Steare’s Ethical Dilemma & Integrating Disabled Persons in Workplaces Working for the integration of this special sector in the market and in the labor forces posed some risks and ethical challenges for policymakers and company managers. Human resource managers will be concern on the physical limitations of disable persons in achieving desired organizational performance level since they can’t be introduced to strenuous job. Steare (2012, p. 1) pointed that in responding to the integration program for disabled persons, business employers confront dilemma whether they will extol self-interest with its corporate target to advance for profit. Steare (2012, p. 1) put high significance on the ethics in business management to look at the matter not only from the perspective of corporate objectives but also from the vantage of values. Steare (2012, p. 1) argued that corporations must maintain integrity and business culture founded on good characters, decision-makings and the judgement of individuals (Steare, 2012, p. 1). I believe that considering the ethical gaps is significant for the companies and institutions to undertake serious value clarification using situation ethics, practical principles and legal ethics applied to persons with disability (Northern Arizona University, 2011, p. 1). Value clarification develops deep empathy to person’s feelings, beliefs, values, and conditions. This can be integrated as part of corporate social responsibility or as company policy in managing its human resources. While legal ethics upholds “legal as ethical”, the categorical imperative of work ethics, on the other hand, enforces genuine business ethics to make employment friendlier to skilled persons although with disability. As laws are developed for a more equitable access to employment for disabled persons, corporations should reconsider nurturing corporate values that are adherent to labor equality act. Researchers cited that persons with disability but with intelligence can work in telecommunication and call center industries which have flexible conditions. Others can opt to work at home through internet. Experts in Europe explained that persons with disability, if given chances, can illustrate their skills, gain some learning, take opportunity for career development, assert gender equality, enjoy health and safety, access needed social interaction, have benefits enjoyed, and enjoy productive outcomes (Davoine, 2006, pp. 3-10). Anent to the creation of economic opportunities for them, Evans, Zinkin, Harpham, and Chaudury (2001, pp. 333-348) also pointed that most of the governments and non-government organizations in the world are also using the community-based framework to assist disabled people on healthcare concern through integrated health support. Policy-formulation Protecting Disabled Persons Recent years proved some policy developments supportive of them. In UK for instance, the Employment Rights and The Equality Act of 2010 provide disabled workers similar general employment rights akin to other normal workers. The law accord to them freedom from discrimination, thus, provided them plenty opportunity to work at almost similar level with other knowledgeable employees (DirectGov, 2012, p.1). They will also pass the process of application, interview arrangements, proficiency test, job offers, lawful terms of employment with salaries, and the right to professional development so that they will be able to enjoy too promotion, training and other related opportunities (DirectGov, 2012, p. 1). The act likewise provides them the right to enjoy recreation. Like other employees, they too, will face dismissal, disciplinary measures and confront complaints in case they’d be proven unable to complete performance management (DirectGov, 2012, p. 1). The law prohibit employers in using direct and indirect discrimination against applicants with disability unless there are evident balanced and fair cause to rescind or disapproved the application (DirectGov, 2012, p. 1; Malisoff , 1952, pp. 249-257). They are persons too that must be treated fairly and as co-equal beings (DirectGov, 2012, p.1; Malisoff , 1952, pp. 249-257). It should be reckon that some of those who suffered disability these days are those former soldiers who served in major wars or were deployed to serve in disaster operations (Malisoff, 1952, p. 254). But whether or not they have served the state for national defense and for disaster reconstruction, it’s their human rights and dignity that should be primarily upheld. Researchers however perceived the need to further the study about the extent on which worker adaptation and flexible benefits openly recognize the value of volunteering as factor to improve person with disability (Campoleti et.al., 2009, pp. 2-3). Such could be helpful for legislative purposes and in increasing the “the employability of disabled persons” (Campoleti et.al., 2009, p. 2-3). Conclusion Persons of disability historically have been considered as a social outcast. They were severely discriminated within the family, community and by the state. But recent reassertion of their right encouraged a radical shift of perspectives in dealing with person with disability. Those who maintained certain level of competence and are still considerably capable to tend for his/her welfare struggled to reassert their rights as human beings. The increasing demand to integrate persons with disability however, brought ethical dilemma among employers as its likely that their skills and performance are doubted amid constant changes in the market. Notwithstanding, advocates for the rights of persons with disability succeeded in shifting peoples perception by instilling the principles upheld by Kant and Rawls (Fisher & Lovel, 2009, p.109). The latter advocate the ethics on the “imperative of doing” as a duty and of acting on a dilemma to give justice for the marginalized and discriminated sector (Fisher & Lovel, 2009, p.109). The significant changes of opportunities for persons with disability proved helpful in the gradual shift of others perspectives (Frijters & Shields, 2001, p. 109). This observation can be gleaned with the following empirical matters: 1. Some advanced nations legislated policies that are supportive of the rights of persons with disability and which ask employers not to discriminate them as potential human resource in corporations or companies. The law, as cited in earlier discussion, also penalizes employers for direct and indirect discrimination, unless the latter could present fair and balance evidences that could prove otherwise (Hum & Simpson, 1996, pp.287-299). 2. There is increasing employment opportunities for persons with disabilities which are commensurate to their skills and abilities. As observed, based on studies, telecommunication and information technology companies could accommodate them (Bileviciene & Bileviciute, 2010, p. 71-74). Those with certain level of economic capacity and marketing skills, albeit the disability, may undertake business management (Mersland, 2005, pp. 3-5). 3. States or governments have also showed support for persons with disabilities. This is expressed in legislating polices for their protection and according them with social welfare programs (Wilkins, 2003, pp. 3-5; Whyte, 1991, pp. 4-9; Takei, Takahashi, & Nakatani, 2008, pp.373-380; Bejnarowicz, 1984, pp. 1141-1149). Some incentives were also provided to them thru pre-need insurance and medical care. This could help strengthen their confidence and trust to themselves. 4. Other measures adopted to protect persons with disability are the establishment of Multilateral Framework for Labor Market Agreements for Persons with Disabilities. These programs present job search assistance and opportunities for education to make disabled persons more prepared in their integration in the labor market (Campolieti, Gunderson,& Krashinsky, 2007, pp. 505-508). With these developments, persons with disability will be able to attain their aspiration to be treated as co-equal being although supports for them should be sustained especially in underdeveloped nations (Frijters & Shields, 2001, p. 102; Eva, 2011, pp. 545-556). Educating the people remained a significant factor to motivate families, communities and governments to take special concerns and support to vulnerable and disadvantage sector. Researcher encourage more studies should be conducted about persons of disabilities relation to the market to positively monitor their contribution to development and their best practices. References Altheide, D., and Johnson, J. (1994). Criteria for assessing interpretive validity in qualitative research. In N. Denzin and Y. Lincoln (eds.) Handbook of Qualitative Research, Thousand Oaks, CA: Sage, 485-499. Al-nawab, Mahdi (2012). Discrimination in the Employment of Disabled People. Powerpointpresentation on Business Ethics Presented at Westminster University, London United Kingdom. Baskerville, R. & A. Trevor Wood-Harper (1996). A critical perspective on action research as a method for information systems research. Journal of Information Technology, Vol. 11 (3), pp. 235-246. Bejnarowicz, J, (1984). Disabled persons in Poland, Social Science & Medicine, Elsevier, vol. 19(11), pages 1141-1149, January. Campolieti , M. & Gomez, R. & Gunderson, M. (2009). Volunteering, Income Support Programs and Disabled Persons. CLSRN Working Papers clsrn_admin-2009-16, UBC Department of Economics, revised 16 Feb 2009. Campolieti, M. ; Gunderson,M.; & Krashinsky, H. (2007). Labor Supply Decisions of Disabled Male Workers. Journal of Labor Research, Springer, vol. 28(3), pages 502-514, July. Davoine, L., (2006). Monitoring employment quality in Europe: European employment strategy indicators and beyond, Centre d’études de l’emploi/CES, University Paris et CNRS, Document de travail N° 66, Juillet.pp. 3-10. DirectGov (2012). Employment Rights and the Equality Act of 2010. Crown. UK Evans, P. J; Zinkin, P.; Harpham, T.; & Chaudury, G., (2001). Evaluation of community-based rehabilitation for disabled persons in developing countries, Social Science & Medicine, Elsevier, vol. 53(3), pages 333-348, August. Eva R.(2011). Employment Situation and Poverty Risk of Disabled Persons in Austria and the EU. WIFO Monatsberichte ,WIFO, vol. 84(8), pages 545-556, August. Frijters. P.; & Shields, M. (2001). Welfare and Output Enhancing Moral Hazard: Disability Benefits and Endogenous Occupational Choice.  Discussion Papers Series 445, School of Economics, University of Queensland, Australia.  Fisher, Co & Lovell, A. (2009). Business Ethics and Values: Individual, Corporate and International Perspectives. Business Managment. Financial Times Press, New Jersey, US. p. 102. Guillemin,. M. & Gillam, L. (2004). Ethics, Reflexivity and Ethically Important Moments in Research. Qualitative Inquiry. Vol. 10 (2) pp. 261-280. doi: 10.1177/1077800403262360 Jacquet, L. (2006). Optimal disability assistance when fraud and stigma matter. Working Papers 1098, Department of Economics, Queens University. Hall, R. (1992), The strategic analysis of intangible resources. Strategic. Management Journal, vol.13: 135–144. Hum, D. & Simpson, W. (1996). Canadians with Disabilities and the Labour Market. Canadian Public Policy, University of Toronto Press, vol. 22(3), pages 287-299, September. Guba, E.G., and Lincoln, Y. S. (1981). Effective evaluation: Improving the usefulness of evaluation results through responsive and naturalistic approaches. San Francisco, CA: Jossey-Bass.4 Kuzel, A.J., and Like, R.C. (1991). Standards of trustworthiness for qualitative studies in primary care. In P.G. Norton, M. Stewart, F. Tudiver, M.J. Bass, and E.V. Dunn (eds) Primary Care Research: Traditional and Innovative Approaches. Newbury Park, California: Sage, 138-158. Malisoff, H. (1952). The British Disabled Persons (Employment) Act Industrial and Labor Relations Review. Vol. 5, No. 2 (Jan., 1952), pp. 249-257  Mersland, R, (2005). Microcredit for self-employed disabled persons in developing countries.MPRA Paper 2068, University Library of Munich, Germany. Northern Arizona University. Nine Theories of Ethics that Rule the World. http://jan.ucc.nau.edu/~dgs2/theories.pdf. Accessed: March 4, 2012. Pinchen, S. and Passfield, R. (eds) (1995), Moving On: Creative Applications of Action Learning and Action Research, ALARPM Assoc., Brisbane, p. 21. Steare. Roger (2012). We Don’t Do Ethics. Chartered Banker. p. 1 http://www.charteredbanker.com/home/member_and_students/chartered_banker_magazine/august_september/aug_sept_regulars/roger_steare_ethics/ Accessed: March 3, 2012. Tatjana Bileviciene & Egle Bileviciute, (2010).Telework Organization Model As Method Of Development Of Disabled Persons’ Employment Quality, Perspectives of Innovation in Economics and Business (PIEB), Prague Development Center, vol. 5(2), pages 71-74, June. Takei, T.;Takahashi, H.& Nakatani, H. (2008). Developing a uniformed assessment tool to evaluate care service needs for disabled persons in Japan. Health Policy, Elsevier, vol. 86(2-3), pages 373-380, May. Whyte, G. (1991). An evaluation of the work of the Walbrook disabled persons housing service 1985-1988. Working Papers 013. Centre for Health Economics, University of York. Wilkins, R.,(2003). Labour Market Outcomes and Welfare Dependence of Persons with Disabilities in Australia,  Melbourne Institute Working Paper Serieswp2003n02, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne. Australia. Appendices Appendix 2. Summary of Primary and Secondary Sources SOURCES DETAILS Primary Source Interviews from Key informants Numbers of these respondents are carefully chosen by researchers based on qualifying causes befitting to the conduct of this research. Secondary Sources from Journals Magazines, Books and the like Evans, P. J; Zinkin, P.; Harpham, T.; & Chaudury, G., (2001). Evaluation of community-based rehabilitation for disabled persons in developing countries Eva R.(2011) Employment Situation and Poverty Risk of Disabled Persons in Austria and the EU Frijters. P.; & Shields, M. (2001). Welfare and Output Enhancing Moral Hazard: Disability Benefits and Endogenous Occupational Choice.  Guillemin,. M. & Gillam, L. (2004). Ethics, Reflexivity and Ethically Important Moments in Research. Qualitative Inquiry. Jacquet, L. (2006). Optimal disability assistance when fraud and stigma matter. Hum, D. & Simpson, W. (1996) Canadians with Disabilities and the Labour Market.  Malisoff, H. (1952). British Disabled Persons (Employment) Act Mersland, R. (2005) Microcredit for self-employed disabled persons in developing countries. Northern Arizona University (2012) Nine Theories of Ethics that Rule the World. Steare, Roger (2012) We Don’t Do Ethics. Chartered Banker Tatjana Bileviciene & Egle Bileviciute, (2010) Telework Organization Model As Method Of Development Of Disabled Persons’ Employment Quality Takei, T.;Takahashi, H.& Nakatani, H. (2008) Developing a uniformed assessment tool to evaluate care service needs for disabled persons in Japan Whyte, G. (1991) An evaluation of the work of the Walbrook disabled persons housing service 1985-1988 Wilkins, R.,(2003) Labour Market Outcomes and Welfare Dependence of Persons with Disabilities in Australia Altheide, D., and Johnson, J. (1994) Criteria for assessing interpretive validity in qualitative research. Guba, E.G., and Lincoln, Y. S. (1981) Effective evaluation: Improving the usefulness of evaluation results through responsive and naturalistic approaches Kuzel, A.J., and Like, R.C. (1991) Standards of trustworthiness for qualitative studies in primary care. Appendix 3. Figures of Action Research Cycle. Read More