Switzerland

Disability Definition

Persons with disabilities (disabled persons) means a person who has disadvantages, because of permanent physical, mental or psychological disabilities, to perform everyday activities, to socialize, to move, to educate themselves or to have gainful employment.

A disadvantage is when the disabled and other than the disabled are not treated equally while in a worse position with no objective justification, or if a different treatment is lacking, which is necessary for effective equality of disabled and non-disabled people.

A disadvantage in the access to a building, a plant, an apartment or facility or a public transport vehicle is present if access for disabled persons for structural reasons is not possible or only under aggravating conditions.

A disadvantage in the use of training and further education exists in particular if: a. the use of handicapped-specific aids or the provision of necessary personal assistance is made more difficult; b.the duration and structure of the educational offer as well as examinations are not adapted to the specific needs of the disabled.

Employer Legal Requirements

Swiss labor law applies to all persons active in the labor market, regardless of whether or not they have a disability. Depending on the type of employment (public or private), the various relevant laws apply. In addition to general regulation, special provisions are in place to ensure equal rights for people with disabilities in the workplace.
The Disability Equality Act includes provisions to promote the occupational integration of persons with disabilities. It does not apply to the private sector, but only affects the employment relationships in the federal administration — where they must take the necessary measures to set up the work environment according to the needs of its disabled employees, for example by adapting the workplace or working hours.

If the employer is a company or a private person, the employment relationship is based on the rules on the employment contract in the Code of Obligations (OR, SR 220), or more precisely in Articles 319 et seq. The Code of Obligations contains compulsory rules from which the parties may not deviate, semi-mandatory rules from which the parties may derogate only in favor of the employee, and dispositive rules in which the parties are free to make other arrangements.

Can disability status be asked during the Application stage:
• no, except if necessary for determining the candidate/employee’s suitability for the specific job
After offer has been made:
• no, except if necessary for determining the candidate/employee’s suitability for the specific job
After employment commences:
• no except if necessary for determining the candidate/employee’s suitability for the specific job or for the performance of the specific employment contract
– Barrier-Free Framework: https://www.edi.admin.ch/edi/de/home/fachstellen/ebgb/themen-der-gleichstellung/arbeit/berufliche-inklusion-.html
– GDPR is not part of Swiss law. Under Swiss law, personal data of employees may generally only be processed to the extent that it concerns the employee’s suitability for his/her job or is necessary for the performance of the employment contract. Therefore, diversity data should not be required, except if necessary for determining the candidate/employee’s suitability for the specific job or for the performance of the specific employment contract.
– Applicants must answer questions relating to health conditions truthfully if such data is necessary to assess the applicant’s eligibility for the job.
– Although protected classes are not recognised under Swiss law, several laws provide for similar protection. For example, unlawful dismissal may apply if a termination notice was given purely based on the grounds of disability and despite the fact that the employee performed their job well (Article 336(1)(a) of the Code of Obligations).

Cultural Norms

Around 1.8 million people with disabilities live in Switzerland.

Many people with disabilities work in a second labor market, sheltered workshops.

Insights

According to the Federal Statistical Office (FSO), only 72% of people with disabilities are active in the labor market (compared to 85% for persons without disabilities). In addition, people with disabilities work far less often full-time, despite good qualifications and high motivation.

Self-determination and the participation of people with disabilities are also promoted by the welfare state integration policy, for example in the context of disability insurance or by the improved accessibility to buildings or public transport. The Federal Council Report of 2018 is groundbreaking in this regard: https://www.inclusion-handicap.ch/de/medias/rapport-du-conseil-federal-sur-la-politique-du-handicap-324.html

Talent Sourcing Resources

Procap: Works for inclusion, including access to jobs for its members. Procap is the largest member association of and for people with disabilities in Switzerland. Our self-help organization today has more than 21,000 members in around 40 regional sections and 30 sports groups. https://www.procap.ch/de/ueber-uns.html

References

Equal Rights of Disabled Persons Limited in Many Areas https://www.humanrights.ch/en/switzerland/internal-affairs/groups/disabled/equal-rights-disabled-persons-limited-areas

Handicap International: our presence in the streets of Switzerland https://handicap-international.ch/fr/actualites/handicap-international-notre-presence-dans-les-rues-de-suisse-1

Erster Bericht der Schweizer Regierung über die Umsetzung des Übereinkommens über die Rechte der Menschen mit Behinderungen – Initial report by the Federal Council, 29 June 2016 (pdf, 67 pages in German) https://www.humanrights.ch/cms/upload/pdf/160629_BehiK_Initialstaatenbericht.pdf