Region: Asia
Disability Definition
A person with a physical, mental, intellectual (including cognitive) impairment, either temporary or permanent which substantially limits a person’s ability to function in one or more main areas of life.
Reference: Lawoffice.org
Legislation
Equal Rights For Persons With Disabilities Law, 5758-1998
8. Prohibition of Discrimination in Employment
(a) An employer shall not discriminate between his employees or persons seeking employment, by reason of their disabilities, provided that they are qualified for the job or position in question, in any of the following:
– hiring, including hiring tests; employment terms, promotion at work, training or professional advanced studies, severance or severance pay, benefits and payments given to an employee in connection with retirement from work
“Chapter D Continued: 9. Suitable Representation of People with Disabilities
(a) Where an employer sees that among his employees, people with disabilities are not suitably represented, in the particular circumstances, (hereinafter – “suitable representation”), he shall act to advance suitable representation, including the implementation of accommodations.
(b) The activities of an employer under this section may be made in a plan to include provisions with respect to preference in employment or advancement of people with disabilities who are qualified for the job or position and who have similar qualifications to those held by other candidates for the job or position.”
Ratified the UN Convention in September 2012
Employer Legal Requirements
2% quota for employment of people with disabilities. Companies over 25 employees are required to make sure there is an adequate representation for persons with disabilities (with no quota). The 3% quota is applicable for employers with 100 employees or more.
Only employers in the public sector have reporting obligations. All other employers may be required by the Commission for Equal Rights of Persons with Disabilities to provide information regarding the employment of persons with disabilities in the workplace.
There are no penalties per se for non-compliance with the quota requirement. However, if the employer does not meet the quota it may be subject to civil actions by candidates/employees/the Commission for Equal Rights of Persons with Disabilities. In this context and as a defense claim, subject to meeting certain terms, an employer may be considered to have complied with the representation requirement even in the event that it does not employ disabled employees representing 3% of its workforce. Such actions include: the appointment of an employee to be responsible and in charge of the employment of people with disabilities; the adoption of an annual plan for the advancement of the employment of people with disabilities; and the employer approaching various agencies that specialize in the placement of employees with disabilities for the advancement of hiring of persons with disabilities.
Disability information may be collected during the application stage and after employment commences:
• Yes, if consent is obtained at the point of collection, in writing and explicit as to the collection, use and transfer of personal information for the particular purpose of data diversity collection.
It is illegal to discriminate based on disability (under the Equal Rights For Persons With Disabilities Law, 5758-1998).
101 form, which all employees are required by the tax authority to submit to their employer, already includes some of the information referred in the table: age, gender, spouse information, number of children and their ages, disability. However, as a general rule the employer is not allowed to use this information for other purposes.
– Collected information can only be used for the initial purpose for which the information was collected in the first place (based on the principle of proximity, as set out in the case law on employee privacy). Therefore, if the information is collected for the purposes of a diversity data collecting program, then it cannot be used for other reasons, e.g. as a basis for other, unrelated, managerial decisions.
– In the event that collected information that is intended for to be maintained and used within the framework of a database, the company must notify the candidate or the employee of the following: (i) whether or not the candidate or the employee is under a legal obligation to provide the information or whether providing the information is subject to the candidate’s or employee’s own free will and consent; (ii) the purpose for which the information is requested; and (iii) to whom the information will be transferred and for what purpose.”
Accessibility Requirements
Accessibility for people with disabilities means creating an environment that will enable them to participate and function optimally in society.
Places requiring accessibility are:
All places open to the public (see details below)
Workplaces in new buildings. – New private residential buildings that have at least 6 residential units (accessibility pertains to public areas and access to the entrance to apartments).”
Cultural Norms
Vulnerability to violence among disabled women is higher than among those without disabilities – 17% of them suffered from some form of violence.
Parents of children with disabilities lack accessible information on their rights.
There are differences in coverage between the Jewish and the non-Jewish sectors. Services in many areas are lacking in the Arab sector, including employment services, diagnosis of learning disabilities in Arabic, educational counseling, para-medical services and psycho-social services11, 15.
Business Practices/Examples
Additional content coming soon.
Insights
According to the 2017 statistical report of the Commission for Equal Rights of Persons with Disabilities, over one million four hundred thousand persons with disabilities live in Israel. Of these, some 450,000 are adults with severe disabilities, who are often discriminated against due to their disability.
The gaps between needs and provided services are particularly large in the Arab sector and in the periphery (the north and south)
Supplier Diversity
WEConnect International is working with Jasmine organization to offer women entrepreneurs in Israel the opportunity to join the WEConnect International network.
Jasimine Foundation and WESOURCE – Support for Israeli Women-Owned Small Businesses
Talent Sourcing Resources
JDC’s Ramp-Up Program offers participants one-on-one counseling and mentoring, and an individualized work plan for integrating into the workforce, finding jobs, and developing their careers. Across Israel, more than 560 people utilize Ramp-Up’s services in 13 locations, with 73 percent of those who’ve found jobs retaining them for a year or more.
Ruderman Family Foundation Link20 Program (in Isreal and the USA)
Organizations that assist in the employment of people with disabilities.
Additional Resources
Commission for Equal Rights of Persons with Disabilities: (Cover General Counsel (Laws), Accessibility Community Inclusion
The Center for the Integration of People with Disabilities in the Labor Market, which operates in the Ministry of Labor, Welfare and Social Services, operates support centers for employers who are interested in employing or employing persons with disabilities.