Break Thru People Solutions Improving the employment participation of people with disability in Australia. Break Thru People Solutions’ response to the Australian Government’s discussion paper. BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA Break Thru welcomes the opportunity to comment on the discussion paper Improving the Employment Participation of People with Disability in Australia and contribute to the national discussion on how to build a more inclusive Australia. Break Thru People Solutions (Break Thru) applauds the government's aim to create a more inclusive society and we share the vision to Break Thru "the barriers faced by people with disability that make it harder for them to gain and keep work" (p2). As a Disability Employment Service provider with over twenty years experience of job-barrier removal and supporting people with disability (PWD) to create new futures for themselves, and as an organisation with over 600 staff and offices along the Eastern seaboard of Australia from Cairns to Melbourne, Break Thru believes that we have something to contribute to this important topic. In preparing our response Break Thru sought the views of a number of stakeholders, including via: > Focus groups attended by 31 NSW Ageing Disability & Home Care Transition to Work program clients, aged 18-20years, held across three Sydney locations. > Telephone surveys with 11 employers through whom we have placed PWD into work. > Consultation with 10 Sydney-based staff, including management, from the Disability Employment Service (DES) and Transition to Work programs We have also considered the academic literature on the issue of 'Disability and employment' and past reports, such as DEEWR's 2011 Employer Perspectives on Recruiting People With Disability and the Role of Disability Employment Services. In this paper, Break Thru will respond to in order, to the two themes raised in the discussion paper. However, in order to appreciate Break Thru's response we must first explain the philosophical position upon which the organisation’s vocational services to PWD are grounded. BREAK THRU'S UNDERSTANDING OF DISABILITY Break Thru has adopted a Social Model of Disability philosophy. This model sees impairment and disability as very different. Impairment is understood as a functional limitation within the individual but not as the root cause of disability (Roulstone & Warren, breakthru.org.au Breaking thru barriers, creating futures. 2 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA 20061). Disability is understood by Break Thru as the social consequence of having an impairment. Closely linked to an understanding of the Social Model of Disability is an awareness of the concepts of Ableism - an assumption of ability that underpins and is maintained by social policies, structures and institutions (Davis, 2002). Like racism and sexism ableism implies a privileged majority and a disadvantaged minority. Along with Ableism is the concept of Disablism - “a set of assumptions and practices promoting the differential or unequal treatment of people because of actual or presumed disabilities” (Campbell 20082, p. 152). Disablism is deliberate discrimination towards people with impairments. An understanding of the concepts of Ableism and Disablism is necessary in observing disability from a social rather than medical perspective. They are also concepts that feature in this Discussion Paper response. 1.1 THEME 1: WHY REFORM IS NEEDED? Break Thru recognises with the government, that "too few people with disability are able to access meaningful employment" and that "Australia is missing out on making the most of its talent pool". However, we cannot accept the Discussion Paper's accusation that as a result, people with disability are becoming "disengaged from paid work and turning to welfare as an alternative" (p.5). Such a view positions PWD as responsible for their own unemployment rather than acknowledging that there are many complex issues, including structural and macro-level barriers to employment which limit opportunities for PWD and actively discriminates against them.. In order to identify areas in which reform is required Break Thru sought the views from our clients, employers and staff "What are the main barriers to employment for people with disability?" All three groups identified broader social, labour market and systemic barriers that lie beyond the control of the individual and which negatively impact the ability of PWD to secure meaningful employment. The following is a summary of their views, with participants' comments noted in blue: Roulstone, A., & Warren, J. (2006). Applying a barriers approach to monitoring disabled people’s employment: implications for the Disability Discrimination Act 2005 1. Disability & Society, 21(2), 115-131. 2 Campbell, F. K. (2008). Exploring internalized ableism using critical race theory. Disability & Society, 23(2), 151-162. 1 breakthru.org.au Breaking thru barriers, creating futures. 3 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA TEACHER ATTITUDES AND BEHAVIOUR Job seekers highlighted barriers to employment that exist within our education system, negatively impacting students even before they begin to look for work. Jobseekers in two focus groups spoke of unhelpful, discriminatory attitudes of high school teachers as a barrier to employment, as students left school with fears of failure (being told that they would not get a job), and feelings of worthlessness. Jobseekers claimed that school students with disabilities often have severely limited opportunities to explore a wide pathway of career choices. They claimed this was because school teachers restricted students' with disability choices "you don't get to make those choices... others make them for you". There was also a perception that training providers tend to be more accommodating towards particular types of disabilities: "they let the [students with] 'Aspergers' in but not if you have an intellectual disability". LACK OF ACCESSIBILITY Job seekers reported that many jobs are "hard to get to", e.g. industrial areas often require people to have their own transport, and are not always located near railways or a bus route. This is compounded by a paucity of accessible public transport options e.g. one jobseeker in a wheelchair reported that access to buses and trains was an issue as wheelchair accessible buses are infrequent, and some railways stations are still inaccessible "I have to wait 2 hours for an accessible bus and then I'm late [for work]". The recent court ruling that NSW's rail system discriminates against blind and visually impaired passengers (3Bibby, 2012) is a clear example of a disabling social structure. CHANGED LABOUR MARKET Several staff who specifically search the labour market for work experience opportunities and school-leaver placements claimed that there is very little unskilled work to be found, and that many employers are not prepared to train inexperienced job seekers "there are no longer any entry-level jobs". Similarly, job seekers claimed "there aren't the right jobs" and that employers were "looking for people with higher level skills, and quality 3 Bibby, P. (2012) RailCorp discriminates against blind, court finds. smh.com.au. Accessed online 13/2/13, http://www.smh.com.au/nsw/railcorp-discriminates-against-blind-court-finds-20130201-2dooa.html. breakthru.org.au Breaking thru barriers, creating futures. 4 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA performance". All focus groups raised the employer expectation that job applicants will have experience as a significant barrier. INACCURATE EMPLOYER ASSUMPTIONS ABOUT THE CAPABILITIES OF PEOPLE WITH DISABILITIES Job seekers claimed that employers "stereotype" PWD because “they don’t think we can do what others can". "[W]e are not disabled, we are just people". All focus groups raised the fact that job seekers are often not given an opportunity to gain experience through work trials for example. Job seekers claimed PWD "are not given a chance to show what they can do". One consequence of this attitude is to instill in job seekers a fear of being “judged”, “pre-judged”, and “misjudged”, all of which discouraged them from actively seeking work. Similarly, one employer spoke of "misconceptions about disability" regarding what people can and cannot do. Three employers claimed that ‘Workplace Health and Safety’ concerns would deter employers from hiring someone with a disability. One employer claimed that PWD are seen as being "a greater risk for workplace injury", citing the following example: “I have a busy warehouse with forklifts everywhere ... even with flashing lights it could be a dangerous place for someone with a visual or hearing impairment”. While such attitudes indicate employers understanding of their obligations in relation to Workplace Health and Safety it also demonstrates a lack an understanding of the kinds of adjustments that can be made to the workplace to maximize the capabilities of people disabilities. Assumptions about the capabilities of persons with disabilities not only operated to exclude PWD from the workforce, but also in the event of obtaining employment, to curtail opportunities for meaningful work. Jobseekers from various focus groups indicated that sometimes PWD lose jobs because "employers think people with disabilities like boring jobs". They claimed that they were not given opportunities for learning new skills or job rotation. For example, one client was employed in a recycling company to push balls out of deodorant rollers. "This was so boring... ". This client said he would have been happy in the job if he was given a variety of duties. Several clients admitted they lost interest in the job because there was no opportunity to advance in their chosen career. They claimed that some employers assumed that people with intellectual disabilities will stay in the same job all their lives. breakthru.org.au Breaking thru barriers, creating futures. 5 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA One staff member claimed that this situation was not improved by service practice among disability employment providers, indicating that at times disability services were too "impairment" or deficit-focused and did not sufficiently celebrate abilities "clients need to be encouraged to promote their abilities, not defend their disabilities". These comments echo findings of the 2011 Australian Human Resources Institute (AHRI) report "Recruiting People with a Disability: An Employer Perspective" where employers criticised a focus on" inability and disability" instead of "ability and self-help" (p11). WORKPLACE BULLYING AND HARASSMENT Underpinned by previous experience of bullying at school all focus groups claimed that a fear of bullying deters some young jobseekers from seeking work. Other job seekers claimed that experiencing workplace harassment caused them to "lose interest in the job". BARRIERS CREATED BY THE CURRENT DISABILITY EMPLOYMENT SERVICES MODEL One staff member with over ten years experience in the industry stated that the current contract "prevents the industry from being innovative, it doesn’t allow us to develop the skills needed to progress and help those for whom we are contracted to support into a job. Staff noted that the current service model does not recognise small achievements that may pave the way for future progress but rather, emphasises the need for clients to reach 'benchmark hours', within the current program timeframe, stating "such a contractual obligation imposed on disability service providers discouraging them from placing people into part time work less than 8 hours per week". Another staff member also highlighted the model's lack of provision to allow "for future capacity", noting that for many people the road of rehabilitation is often much longer and slower than the current program permits. Other staff claimed employers were confused about Disability Employment process 'if this person can do the job why are you paying me to take him'? Job seekers and staff in all groups saw post placement support as crucial and the lack of support as a significant cause of job in jeopardy or job loss. As one staff member stated "There is rarely a gradual decline in performance. People often lose jobs as soon as support is removed". breakthru.org.au Breaking thru barriers, creating futures. 6 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA FAMILY Staff also claimed that family members can be a significant barrier preventing the PWD from gaining employment. Staff cited examples of parents that do not view employment as a realistic option for their child and who do little to encourage client self-determination. In some cases parents actively discourage clients to explore vocational aspirations and try to steer their child on a path of the parent's choosing. 2.1 THEME 2: OPTIONS TO IMPROVE THE EMPLOYMENT OF PEOPLE WITH DISABILITY 2.1. PRACTICAL AND WORKABLE APPROACHES TO MAKE A REAL IMPROVEMENT TO PARTICIPATION In order to find answers to the questions posed in this thematic section Break Thru asked our jobseekers and staff for solutions for overcoming the barriers raised above. The following are their suggestions. AWARENESS RAISING All focus groups claimed that raising awareness about disability was an imperative first step. Ideas included advertising, creation of diverse community groups to discuss disability, hold events and create posters to celebrate disability, promoting innovative technology available to people with disabilities. Jobseekers highlighted the importance of "people with disabilities supporting each other" and "being involved" in coordinating the awareness raising. Central to this campaign was desire to demonstrate that disabilities were “normal” and encourage this mindset in the community. Jobseekers expressed not wanting to be “pitied” but to be “given the same opportunities as people without a disability. One jobseeker suggested "creating videos that were well made" (not low budget, poor quality videos, which "no one would want to watch". This job seeker made the insightful comment that poor quality videos would perpetuate the notion that disability issues are of little value, and would do nothing to engage an audience or to raise awareness. breakthru.org.au Breaking thru barriers, creating futures. 7 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA ACTIVITY INCORPORATING JOB DESIGN AND WORKPLACE ADJUSTMENTS WITHIN EVERY WORKPLACE Given the importance assigned to providing ongoing support in the workplace for PWD, some jobseekers saw a role for "staff support workers", whilst others suggested "a buddy system" in addition to the support provided by organisations such as Break Thru. In addition, ensuring that basic access issues were addressed, e.g. wheelchair access, providing employers with more information about workplace adjustments and the variety of innovative technology that is now available, was highlighted as a simple, yet fundamental solution to promoting employment among PWD. Staff stressed the importance for both employment services and employers to design jobs around people’s abilities. For example, "a client with epilepsy and schizophrenia applied for a job as a welder. Although the employer did not think that welding would be a good idea due to OH&S issues surrounding his epilepsy, he managed to tailor a job that the client could do assisting other workers". DISABILITY EMPLOYMENT SERVICE MODEL REDESIGN Staff felt that there needs to be a "greater reliance on sustainability rather than short term gain such as 13 or 26 week outcomes"; given that various DES consultants cited the current “outcomes-driven” model as compromising quality placements with “quick wins”. On the topic of sustainable jobs staff made mention of the new 52 week outcome milestone soon to be implemented, stating " ...when it comes to star ratings it [52 wk milestone] is given a small weighting (10% in both ESS and DMS) whereas the 13 wk and 26 wk weighting (which includes bonus outcomes and pathway outcomes )is 70% in ESS and 80% in DMS. Ongoing support is now 10% in ESS and 5% in DMS. So the performance incentive still sits in the short term interventions as does government wage incentives, with the current DES wage subsidy still paid at 13 wks. Staff acknowledged that while service providers can move towards sustainable employment outcomes within the current model "...there is little to no incentive to actively support job seekers with career advancement or movement between jobs." Staff were mindful that their clients did not want to languish in what our jobseekers referred to as "crummy jobs". Staff stated The government may believe that such support can be provided in on going support, though it absolutely cannot. We can only support a person with their current employment needs. If they are job seeking breakthru.org.au Breaking thru barriers, creating futures. 8 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA for new employment, though do fine in their current position, we can not claim fees and should exit them. This I know has been a long standing issue, but to me it is the fundamental hindrance to PWD disability advancing their careers." One staff member stated the need to review the recommendations for changes to the DES Model made during the Senate enquiry in 2011. Another staff member stated "The effort in supporting a job seeker in the 'place and train model' as well as subsequent effective monitoring to ensure issues are addressed, must be increased. The evidence shows appropriate job matching, training and support during the post placement support period enhances the job seeker ability to maintain long term employment". Another staff member called "for recognition for the work done to improve the job seeker ability to work even if it is below their benchmark hours, especially where it can be seen the job seeker’s tolerance to meet their benchmark has been increased". QUOTAS AND TARGETS Most employers surveyed thought that staff quotas could be a workable solution to increasing employment participation of PWD. In contrast, we gained a mixed result when jobseekers and staff were asked whether they thought employers should have to meet set targets/quotas of disability employees. Many jobseekers liked the idea and considered it "fair" as it would provide job opportunities that would otherwise not exist. Job seekers said it would encourage a “leg up”, and provide "a level playing field". Some jobseekers suggested that a quota system would "be good if heavily monitored" to ensure compliance. One client suggested the quota system be "trialed in one area to see if it works, then roll it out to the rest of the nation". Some female staff recognised that the Affirmative Action for Women campaign had made a significant difference in changing social attitudes and suggested that "perhaps quotas held a similar promise". Job seekers and staff opposed to quotas cited such things as “labeling” and “stigmatising”, with some job seekers considering that quotas could create resentment towards PWD, or were worried that they may end up with a “crummy” job. Both job breakthru.org.au Breaking thru barriers, creating futures. 9 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA seekers and staff expressed concerns around privacy, several job seekers stated that their disability "was none of their [the employer's] business". Job seekers also feared that quotas could become tokenistic, or that employers would only see them as a ‘statistic; there to fill a quota’. 2.2 DISCLOSURE All stakeholders discussed the fact that quotas were not workable without a disclosure system. Most employers thought that mandatory disclosure was necessary, with one employer stating “if I know what the disability is, I am better able to understand the employees’ needs and be able to ensure they are in an appropriate job and support them properly”. Although Employment Consultants recognised the benefits to job seekers with disabilities in terms of assisting them to gain access to on the job support and consequently helping the employer to better accommodate the person's needs, when staff put themselves in the place of someone with a disability they were less enthusiastic about disclosure, saying that they would not like to disclose impairments to an employer if it did not affect their ability to do their job. Job seekers also had concerns about the consequences of disclosure including rejection, reduced career opportunities, fear of being stereotyped, risk of bullying, feelings of being limited in choices, assumptions made about their ability and reduced opportunities to learn. 3. DISCUSSION All research participants concur with what DEEWR4 and others (Thompson et al, 2011, AHRI, 2011) have clearly identified, that negative attitudes are a significant social barrier to increased participation in employment of PWD. Negative attitudes, incorporating misconceptions and lack of disability awareness, present barriers to social inclusion in various life domains including education, employment and community participation (5Thompson et al, 2011). Negative attitudes and lack of knowledge or training among professionals can make access to services and employment opportunities for PWD difficult. Break Thru Jobseekers clearly identified that barriers to work and inclusion began at school. Interventions are needed on multiple levels to tackle the personal, organisational and structural barriers to social participation for PWD. To address this complex issue on the personal and organisational level Break Thru clients and staff have presented an interesting array of ideas, such as creative disability awareness raising 4 DEEWR (2011) Employers Perspectives on Recruiting People Ith Disability and the Role of Disability Employment Services, Canberra. 5 Thompson, D., Fisher, K. R., Purcal, C., Deeming, C. and Sawrikar P.(2011), Community Attitudes to People With Disability—Scoping Project, FaHCSIA Occasional Paper, Canberra. breakthru.org.au Breaking thru barriers, creating futures. 10 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA campaigns and Disability Awareness training. Break Thru has experience conducting such training to employer groups, receiving positive feedback from employers and attendees. However, addressing attitudinal change on a structural level requires governments (whether the Australian Government, state and territory or local government level) to attempt to influence attitudes by mandating behaviour change. Structural level change "consists of the policy statements and laws that define the intended requirements reflecting positive attitudes, together with the means to implement and monitor the policy and legislation" (Thompson et al, 2011, p. x). The discussion on quotas and mandatory disclosure of disability falls into the realm of structural change. Our research found that while there were mixed feelings about quotas the tone from staff and jobseekers was one of apprehension. As noted in the Discussion paper, quotas have been trialed in various countries with mixed success. Although common among European countries the 2007 6OECD report Sickness, Disability & Work: Breaking the Barriers (Vol 2) has noted that Antidiscrimination legislation (in Australia, United Kingdom), employment quotas (for example in Luxembourg, Spain) and other forms of employer responsibilities and supports have proven to be insufficient in boosting employment participation of PWD. Conversely, it should be noted that Woodhams and Corby 7(2007) claim that the positive discrimination of the quota system in Britain in 1995 and the Anti-Discrimination legislation in 2000 both contributed to positive improvements in employment participation rates of PWD. European quotas (7% quota in Italy, 6% France & Poland, 5% Germany & Portugal, 4% Austria, Luxemburg 3%, Spain 2%) have been generally criticised because their implementation, monitoring systems and success rates are patchy (OECD, 2007). The ineffective British quota system (Goss, Goss and Adam- Smith8 , 2000, 9Barnes, 1992) was abolished in the UK in 1996 in favour for a anti-discrimination legislation system instead. Disability scholars (see Barnes, 1992) claim that quotas have not changed employer attitudes towards employing PWD. Barnes warns that there is also considerable stigma associated with identifying as a person with disability. For this reason it is 6 OECD (2007) Sickness, Disability & Work: Breaking the Barriers (Vol 2) Australia, Luxembourg, Spain and the United Kingdom, Accessed online, 12/2/13 http://www.oecd-ilibrary.org/social-issues-migration-health/sickness-disability-and-work-breaking-thebarriers-vol-2_9789264038165-en 7 Woodhams, C., & Corby, S. (2007). Then and now: disability legislation and employers' practices in the UK. British Journal of Industrial Relations, 45(3), 556-580. 8 Goss, D., Goss, F., & Adam-Smith, D. (2000). Disability and employment: a comparative critique of UK legislation. International Journal of Human Resource Management, 11(4), 807-821. 9 Barnes, C. (1992) Disability and Employment. Accessed 16/1/13 from http://www.leeds.ac.uk/disabilitystudies/archiveuk/Barnes/dis%20and%20emp.pdf. breakthru.org.au Breaking thru barriers, creating futures. 11 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA understandable that Break Thru jobseekers would resist the suggestion of mandatory disclosure. Echoing the fears raised by Break Thru jobseekers that quotas might lead to "tokenism" and "crummy jobs" 10Bagenstos (2003) cites Germany as an example of a relatively successful quota system which, although it appeared to move people into jobs nevertheless maintained a highly segregated workforce and continued “to isolate people with severe learning or developmental disabilities” (p654). The German quota system has been criticised as a stigmatising form of as 'special treatment' 11 (Heyer, 2002) that fails to recognise equal rights of PWD. Strategies to improve employers’ attitudes, already raised by Thompson et al (2011) include changing attitudes through leadership from the top; government support to employers in the form of information, resources and recognition; credible and reliable sources of information and awareness training to share best practice; and networks for recruitment and support. Support to gain and retain employment featured as a significant point by jobseekers. OECD research has demonstrated that better employment outcomes for PWD result when they have consistent support and contact with their Employment Consultant throughout their placement (OECD, 2007, p.142). The current DES program model, with its 'starrating system’, puts an emphasis on placement, making service practice placement-driven not support-focused. Staff claimed that there is no longer sufficient funding to provide quality on-the-job support as staff need to move onto the next client and place them into work. Staff pointed to a short-term "outcome-driven" industry focus rather than spending time setting up strong well-matched and well supported placements as a reason why clients lose jobs. On the topic of quotas, from a Social Model of Disability perspective Break Thru would agree with Heyer, that "special treatment" does not reflect equal rights, dignity or respect. We recognise with Barnes (1992) that mandatory disclosure exposes people to stigma. It is well recognised that "policies which package and sell jobseekers and workers with disability as a special case simply reaffirm the traditional belief that they have less to offer than non-disabled peers" (Barnes 1992). Reports from Break Thru staff confirm that some employers are sceptical of such packages. The current low 8Bagenstos, S. R. (2003). Comparative Disability Employment Law from an American Perspective. Comparative Labor Law and Policy Journal, 24, 649. 11 Heyer, K. C. (2002). The ADA on the road: Disability rights in Germany. Law & Social Inquiry, 27(4), 723-762. breakthru.org.au Breaking thru barriers, creating futures. 12 BREAK THRU PEOPLE SOLUTIONS IMPROVING THE EMPLOYMENT PARTICIPATION OF PEOPLE WITH DISABILITY IN AUSTRALIA take up rate also demonstrates that such schemes are insufficient in enhancing employment participation. CONCLUSION The issue of improving the employment participation rate of PWD in Australia is not straight forward. A plethora of barriers cited by our Jobseekers demonstrates that this is a highly complex issue requiring significant reform on many levels across a range of areas. Interventions are needed to tackle the personal, organisational and structural barriers to social participation for PWD. Although we agree with the intent of quotas and applaud the Government's desire to tackle this issue with both hands, apprehension from staff and PWD along with a poor track-record of such schemes overseas indicates quotas and mandatory disclosure may not be the answer. Further discussion is required, across a range of life domains, including reviewing the current DES program model and addressing attitudinal problems within the Education sector. In this Discussion Paper response Break Thru has provided the snapshot of the views of our clients, employers and staff. These cannot be generalised but do provide an indication on some of the views held by people associated with the organisation. Break Thru would be keen to participate further in the roundtable discussions on this important topic. __________________ Heyer, K. C. (2002). The ADA on the road: Disability rights in Germany. Law & Social Inquiry, 27(4), 723-762. breakthru.org.au Breaking thru barriers, creating futures. 13
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