1. 1 Prologues
  2. 2 Introduction
  3. 3 Equality of treatment and non-discrimination
  4. 4 Integration in the labour market as an element of value
    1. 4.1 Compliance with quota legislation
    2. 4.2 Beyond quota legislation
    3. 4.3 Equality of treatment legislation
  5. 5 Fostering full accessibility
  6. 6 Relationships with suppliers and subcontractors
  7. 7 Social action
  8. 8 Communication as a responsible tool
  9. 9 How to implement CSR-D
  10. 10 Self-diagnosis questionnaire
  11. 11 CSR-D report patterns and follow-up indicators
  12. 12 Relevant European and international legislation
  13. 13 Glossary
  • Logotype of European Social Fund
  • Logotype of Fundación ONCE
  • Logotype of Grupo Fundosa

Equality of treatment legislation

The equal treatment legislation prohibits all kind of indirect or indirect discrimination on grounds of a person's disability in any of the stages of the labour market integration process (search, selection, hiring, professional promotion…). The obligation of equal treatment includes carrying out the necessary reasonable adjustments required by a person with disability to participate in any work activity on the same terms as all other employees.

The legislation also includes the specific prohibition of harassment at work on grounds of disability and of discriminatory instructions, which means for instance that a company cannot ask a human resources company or temporary work agency to exclude people with disabilities from its recruitment processes.

According to Principle 6 of the United Nations Global Compact, discrimination is "any distinction, exclusion or preference which has the effect of nullifying or impairing the opportunity of equal treatment in employment or occupation "and is made" on the basis of race, colour, sex, religion, political opinion, national extraction, social origin or disability."

A recent European Commission survey showed that 83% of companies with diversity policies believed that diversity provides real advantages for their business such as access to a greater range of potential employees, the improvement of staff motivation and a more innovative work force.

Compliance with equal treatment regulation requires a company to anticipate and prevent potential discrimination situations which will be mainly involuntary. In this sense, it is difficult to make a clear distinction between strict compliance with the regulation and the actions that can be described as voluntary and therefore be understood as CSR.

Many times discrimination is caused by lack of awareness or ignorance

The proposed list of actions is ambitious. We believe that the best way for a company to avoid potential discrimination lawsuits is to be proactive and show willingness to ensure full equal treatment for people with disabilities.

All human resources policies need to be reviewed in order to guarantee effective equality of treatment for people with disabilities and so prevent and avoid all kinds of discrimination. This implies a need to:

  1. Specifically include non-discrimination and equal treatment in all written procedures that regulate selection processes, access to employment, professional promotion and training.
  2. Regarding recruitment procedures:
    • Describe the job position focusing on the essential requirements needed to carry out the job’s tasks.
    • Determine the required professional profiles only on the basis of the essential qualification, attitudes and skills for the position.
    • Proactively encourage the presentation of candidates with disabilities.
    • Ensure that employment offers and applications take into account the diverse circumstances of the candidates and therefore guarantee access to people with disabilities.
  3. Regarding staff selection processes:
    • Raise awareness and train recruitment professionals on discrimination and disability.
    • Skills tests must be adapted to the specific needs of each candidate with disabilities, therefore the company will ask candidates with disabilities to advise the company of the adaptations they require to carry out the tests.
    • Medical tests previous to hiring must aim at guaranteeing that the candidate can carry out the job's duties, and they should not result in an indiscriminate exclusion of people with disabilities.
  4. Regarding the hiring and induction process:
    • The employee must be appropriately informed about the contract clauses, obligations and responsibilities in order to guarantee his/her understanding.
    • Full inclusion, both socially and functionally, of the person with disabilities must be guaranteed. The necessary reasonable adjustments and technical adaptations must be carried out. In this sense, it is essential to count on the employee’s opinion on how to implement the most appropriate adaptation.
    • Establish a specific procedure that includes the evaluation of accessibility and reasonable adjustments for the professional inclusion and / or promotion of people with disabilities.
    • Include the needs of people with disabilities in health and safety at work manuals.
    • Induction manuals must include specific issues affecting workers with disabilities.
  5. Regarding internal training:
    • Guarantee access to internal training to people with disabilities in equal conditions, carrying out the necessary adaptations in each case.
    • Establish specific internal plans to raise awareness and increase knowledge on disability.
  6. Regarding internal promotion:
    • Criteria for internal promotion must respect the equal opportunities aspect. They must form part of writen procedures and be well-known, transparent and simple.
    • Skill tests must be accessible for people with disabilities.
    • Employees’ career plans must guarantee full equal treatment for people with disabilities.
  7. Regarding the professional readjustment processes:
    • Establish measures aimed at favouring continuance of people with acquired disability in the company, which can be done in two different ways: carrying out the necessary adjustments when possible or changing the employee to a different position of a similar level if he/she can not carry out his/her current duties.
  8. Establish formal mechanisms to prevent, detect, analyse and report discrimination situations. These mechanisms will be designed in such a way as to be fully accessible for people with disabilities.
the value of a company… …the talent of its people