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Want to stay on the right side of the law? We support businesses and public authorities and help them to promote good practice.
 
 

Positive action

Recruiting people with disabilities

What you need to know

 

Positive Action - Recruiting people with disabilities


The Disability Discrimination Act 1995 allows employers to treat people with disabilities more favourably than people without. This creates opportunities for employers to take positive action of a kind that would not be permitted under the other anti-discrimination laws.

The positive actions listed below are lawful provided they are offered to people with disabilities generally, rather than only to people with specific impairments (e.g. learning disabilities, sensory disabilities or other). As an employer, you do not need to obtain permission from the Equality Commission before taking any of these positive actions, although we will readily provide advice should you request it.

Employers who are charitable organisations, or who provide the Workable NI supported employment programme (the latter tend to be charities too), may depart from that rule in certain exceptional circumstances. For example, a charity whose charitable purpose is to employ deaf people may ring-fence jobs in its organisation specifically for deaf people. Employers who are not charitable organisations will not be able to rely on these exceptions when recruiting new employees and they should follow the advice given in the preceding paragraph.


Targeting the opportunities

Employers may lawfully target their positive action job and training opportunities to those disabled people who are likely to be the most disadvantaged in the labour market.

For example, you could consider opening the opportunities only to those persons who are disabled and:

 
  • who have never been in paid employment, or 
  • who have been in long-term unemployment, or 
  • who have not been educated beyond secondary level, or
  • who have no formal academic or vocational qualifications

 

When taking any of these suggested positive actions, always be aware that you may also be obliged to make reasonable adjustments for disabled people.

Positive action 1 – Provide vocational training opportunities

 

Positive action 2 – Work trials

 

Positive action 3 – Removing any Barriers in the Recruitment Process

 

Positive action 4 – Guarantee interviews for disabled people

 

Positive action 5 – Ring-fencing posts for disabled people

 
 
 
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