7-step process of Formulating, Drafting, Implementing and Evaluating a Workplace Disability Policy

1. DRAFTING AND IMPLEMENTING AN
ENABLING POLICY ON DISABILITY
CHARLES COTTER PhD, MBA, B.A (Hons), B.A
www.slideshare.net/CharlesCotter
INDABA HOTEL, FOURWAYS
7 JUNE 2018

2. SCOPE OF THE WORKSHOP
• Current reality/status quo of PWD’s
• Defining policy and related theoretical concepts
• Identifying the levels and characteristics of Disability policy development
• Disability policy development process:
❑ Step 1: Agenda-setting/issue (problem) identification
❑ Step 2: Disability policy analysis
❑ Step 3: Disability policy instruments
❑ Step 4: Stakeholder engagement, consultation and co-ordination
❑ Step 5: Disability policy formulation, decision-making and policy drafting
❑ Step 6: Disability policy implementation
❑ Step 7: Disability policy monitoring and evaluation

3. AVAILABILITY OF CONFERENCE DELEGATE
LEARNING RESOURCES
• Disability as a Diversity Factor: Implications for Human Resource
Practices. (Nafukho, F.M; Roessler, R.T & Kacirek, K., 2010)
• Disabilities in the Workplace: The Working Mother Report (PWC,
2016)
• Employment of People with Disabilities: Implications for HR
Management Practice. (Gida, P. & Ortlepp, K., 2007)
• Final Summary: 17th Employment Equity Commission Report
(2016/7)
• Leading Practices on Disability Inclusion. (Business Leadership
Network. US Chamber of Commerce, 2015).

4. AGREE OR DISAGREE?
WHY?

5. CURRENT REALITY (2016/7)
• The 17th Commission for Employment Equity Annual Report (2016 – 2017),
states that:
❑ Profile at the Top Management level (PWD): PWD constitute 1,2%. The
representation of persons with disabilities has seen a decrease from 2% in 2014
at this level.
❑ Profile at the Senior level (PWD): PWD constitute 1,1% The representation of
persons with disabilities has seen a decrease from to 1,7% in 2014 at this level.
❑ Profile at the Professionally Qualified level (PWD): PWD constitute 0,9%
❑ Profile at the Skilled technical level: PWD constitute 0,9%
❑ Profile at the Semi-skilled level: PWD constitute 0.8%
❑ Profile at the Unskilled level: PWD constitute 0,8%

6. CURRENT REALITY – GLOBALLY & LOCALLY
• According to Disability Workshop Development Enterprise (DWDE), “S.A is
falling behind in the integration of disabled people into the workplace, as its
private & public institutions have failed to ensure — as the EEA demands —
that at least 2% of their workforce is disabled.”
• In a study, employers were 26% less likely overall to show interest in a PWD
candidate that is compared to candidates with the exact same information
& experience (Rutgers & Syracuse universities, 2015).
• The EEA essentially protects PWD’s against unfair discrimination & entitles
them to affirmative action measures. Regrettably, sometimes S.A laws are
only good on paper – PWD’s still get discriminated against.
• “Unfortunately, ignorance, fear and stereotypes cause PWD’s to be unfairly
discriminated against. As a result, PWD’s experience high unemployment
levels,” according to My Wage

7. SUMMARY OF CURRENT REALITY
• The findings from various empirical studies suggests that very few
organizations are dealing with the employment of PWD’s as a
priority in their equity strategies.
• Where attention is being given to this issue, respondents seem to
either address it as a legal compliance issue or a social
responsibility ‘project’.
• Very little has been done to review current HRM practices to
determine whether they are discriminatory towards PWD’s.
• Findings reflected that employers still lack adequate knowledge,
awareness and an understanding of disability that contributes to
the ineffective integration of PWD’s within the workforce.

8. SUMMARY OF CURRENT REALITY
• Findings illustrated that whilst S.A legislation is compelling businesses to
meet equity targets, they have difficulty in meeting these targets due to
their inability in accessing qualified and skilled PWD’s.
• The type of disability and the nature of the work are additional factors that
restrict PWD’s from integration within specific sectors in the open labour
market.
• Non-disclosure of disability was found to play a role, due to uncertainty of
the consequences of disclosure.
• This history of discrimination has additionally had an impact on the
stereotyping of PWD’s by able bodied individuals i.e. stigmatization from
other staff.
• Physical barriers also remain a major hindrance to the employment of
PWD’s.

9. BENEFITS OF
EMPLOYING PWD’s
• Compelling good sense
• Financial incentives
• Business case for employing
PWD’s
• Creating a more inclusive
society
• Diversity planning
• Policy framework

11.  A policy is typically described as a
principle or rule to guide decisions and
achieve rational outcome/s.
 A purposive course of action based on
societal values, followed in dealing with
a matter or concern, and predicting the
outcome that would result from the
achievement of the purpose.
 Policy can be considered as a
"Statement of Intent" or a
"Commitment.“ For that reason at
least, managers can be held
accountable for the "Policy“
DEFINITION OF
POLICY

12. ILLUSTRATION: CASCADING OF POLICY
AND PROCEDURAL LEVELS

13.  #1: Authoritative
 #2: Enforceable
 #3: Flexible and
adaptable
 #4: Feasible
 #5: Clear
 #6: Transparent
 #7: Consultative
7 DISTINCTIVE
CHARACTERISTICS
OF POLICIES

14. LEARNING
ACTIVITY 1
• Group Discussion:
• What are the critical success
factors for Disability policy
management in your
organization? By referring to
these factors and the
distinctive characteristics of
policy, how effective would
you rate the current level of
policy management
performance?
• Within your organization,
identify the prominent
obstacles/constraints to
effective Disability policy
management and good
governance? What strategies
and/or interventions could be
considered to counteract these
constraints?

15.  PHASE 1: INITIATION
❑ Step 1: Agenda-setting/issue (problem) identification
❑ Step 2: Policy instruments
❑ Step 3: Policy analysis
❑ Step 4: Stakeholder engagement, consultation and co-ordination
 PHASE 2: GENERATION
❑ Step 5: Policy formulation, decision-making and policy drafting
 PHASE 3: IMPLEMENTATION
❑ Step 6: Policy implementation
 PHASE 4: EVALUATION
❑ Step 7: Policy monitoring and evaluation
DISABILITY POLICY DEVELOPMENT
PROCESS

16.  Process of identifying policy issues/problems, which require the attention
of a legislator
 Process wherein the members of society identify their needs, desires and
demands and wherein a legislator decides to place these issues on the
agenda for deliberation
 The setting of the policy agenda allows a legislator to become sensitized to
some of the critical policy requirements that affect society.
 Issue identification can be conducted by forecasting the future with the use
of extrapolative techniques such as the Delphi technique, brainstorming
and scenario sketching
 The origin/source of the various organizational policy-related issues
 Prioritization of issues
STEP 1: AGENDA-SETTING/PROBLEM
IDENTIFICATION

17. • Taxation (the budget)
• Persuasion (and public pressure)
• Inspection and audits
• Minutes of meetings
• Provision of services
• Newsletter, media briefings, community meetings,
social media and public discourse
• Legislative records
• Legislation and government policy and priorities
STEP 2: DISABILITY POLICY
INSTRUMENTS/SOURCES

18. LEGISLATIVE POLICY
INSTRUMENTS (DISABILITY) –
LOCAL AND INTERNATIONAL
• Employment Equity Act
• Code of Good Practice on key aspects
of Disability in the Workplace
• Technical Assistance Guidelines (TAG)
• Promotion of Equality and
Prevention of Unfair Discrimination
Act
• White Paper on on the Rights of
Persons with Disabilities
• United Nations Convention on the
Rights of Persons with Disabilities

19.  Step-by-step way of unpacking and understanding policy choices and
comparing possible outcomes
 Policy analysis needs to explore as rationally and honestly as possible the
implications and possible outcomes of adopting policy
 The importance and value of continual policy analysis
 Policy analysis is an attempt to determine the costs and benefits of various
alternatives or to evaluate the validity of existing policies e.g. Force field
analysis
 Policy analysis is an attempt to bring about and transform information
pertinent to particular policies to resolve problems pertaining to those
policies
STEP 3: DISABILITY POLICY ANALYSIS

20. ROLES OF THE DISABILITY
POLICY ANALYST
• The primary role of the Disability policy
analyst is to analyze and evaluate this
and other HRM policies.
• It is the responsibility of the policy
analyst to advise the HRM policy-maker
on the best course of action to resolve
HRM policy inadequacies.
• The HRM policy analyst is performing
both a policy analysis and a policy
advocacy function. In doing so, the
policy analyst will follow one of three
courses of action or a combination
thereof:
❑ Objective technician (SCIENTIST)
❑ Issue and Client's (ADVOCATE)
❑ Viable, feasible and organizational-
fit policy (POLITICIAN)

21. ROLES OF THE DISABILITY POLICY
ANALYST

22.  #1: Identify the underlying values and aspirations
 #2: Understand the problem in its context
 #3: Identify the alternative courses of actions
 #4: Decide which dimensions of the problem are most important
 #5: Predict the likely outcomes of different courses of action
 #6: Measure the chosen courses of action against important values
and aspirations
6-STEP DISABILITY POLICY ANALYSIS
PROCESS

23.  Objective: To ensure accountability, responsiveness and
openness and upholding the right to access to any
information held by the state
 Constant interaction with society
 Extensive consultation and co-ordination between the various
stakeholders
 Interest groups e.g. civic society; associations and lobbyists
 Public participation
STEP 4: STAKEHOLDER ENGAGEMENT,
CONSULTATION AND CO-ORDINATION

24. POWER-INTEREST MATRIX

25. LEARNING
ACTIVITY 2
• Group
Discussion:
• Apply Phase 1:
Initiation
(steps 1-4) of
the Disability
policy process.

26.  Factors to consider:
❑ Policy recommendations are normally drafted by senior managers
and then referred to higher management authority for deliberation,
approval and adoption
❑ It remains the responsibility of the highest decision-making
authority (executive powers) to approve or reject a particular policy
recommendation
❑ The matter could be referred back to management for further
investigation
❑ A policy-maker or decision maker has to be sure of the ability of
officials to actually execute a policy - administrative, operational and
managerial capacity to implement the decision
STEP 5: DISABILITY POLICY FORMULATION
AND ADOPTION

27. POLICY FORMULATION – THE POLICY
TRIANGLE

28. 5 FACTORS TO
CONSIDER PRIOR TO
FORMULATION OF
DISABILITY POLICY
• Scope
• Principles
• Rights
• Content
• Process

29. SCOPE OF THE DISABILITY POLICY

30. SCOPE: CODE OF GOOD PRACTICE ON
KEY ASPECTS
OF DISABILITY IN THE WORKPLACE
• The aim of the Code is to guide, educate and inform
employers, employees and trade unions to
understand their rights and obligations, to promote
and encourage equal opportunities and fair
treatment of PWD.
❑ Section 6: Reasonable Accommodation for
PWD’s
❑ Section 7: Recruitment & Selection
❑ Section 8: Medical and Psychometric Testing
❑ Section 9: Placement
❑ Section 10: Training and Career Advancement
❑ Section 11: Retaining PWD’s

31. SCOPE: CODE OF GOOD PRACTICE ON
KEY ASPECTS
OF DISABILITY IN THE WORKPLACE
❑ Section 12: Termination of Employment
❑ Section 13: Worker’s Compensation
❑ Section 14: Confidentiality and
Disclosure of Disability
❑ Section 15: Employee Benefits
❑ Section 16: Employment Equity Planning
for PWD’s
❑ Section 17: Education and Awareness

32. KEY PRINCIPLES OF THE POLICY ON DISABILITY
• Right to self-representation
• Accessibility
• Support system
• Self respect and self-sufficiency
• Access to appropriate services
• Social Integration
• Cooperation between sectors
• Equitable resource allocation
• Inclusion
• Batho Pele (“People first”) Principles

33. 4 PILLARS FOR
MAINSTREAMING OF
PWD’s
• Rights Pillar
• Empowerment Pillar
• Equality Pillar
• Results Pillar

34. STRATEGIC PILLARS FOR
REALISING THE
RIGHTS OF PWD’s
• Pillar 1 – Removing Barriers to Access and
Participation
• Pillar 2 – Protecting the Rights of Persons
at risk of Compounded Marginalisation
• Pillar 3 – Supporting Sustainable
Integrated Community Life
• Pillar 4 – Promoting and Supporting
Empowerment of PWD’s
• Pillar 5 – Reducing Economic Vulnerability
and Releasing Human Capital
• Pillar 6 – Strengthening the Representative
Voice of PWD’s
• Pillar 7 – Building a Disability Equitable
State Machinery
• Pillar 8 – Promoting International Co-
operation
• Pillar 9 – Monitoring and Evaluation

35. DISABILITY POLICY
CONTENT/TEMPLATE
• A purpose statement
• An applicability & scope
statement
• Introduction & Background
• Definitions
• An effective date
• A responsibilities section

36. POLICY CONTENT/TEMPLATE
• Policy statements - indicating the
specific regulations, requirements,
or modifications to organizational
behaviour that the policy is
creating. The statement is the
actual rule or standard the policy
needs to communicate.
• Questions
• References
• Approval

37. TIPS FOR DRAFTING THE DISABILITY
POLICY
• Use straightforward clear language and avoid jargon and legal speak
• Check that the content and wording is unbiased and encourages fair, consistent treatment.
• Use terms consistently and define any special terms
• Be sure that there is only one possible meaning to the standard or rule set by your policy
• Consider a few “what if” scenarios and see if the policy still fits, keeping in mind that most policies will
not, and should not, cover every possible circumstance
• For most policies you will want to allow for exceptions to the rule. Use terms like “generally”,
“usually”, and “typically” and avoid terms like “always” and “never”
• Include a statement like “this is intended as a guide only”
• There are a few situations where you want to be absolutely clear that the standard set by the policy
will apply in all situations.
• If using a sample policy or draft, tailor the policy for your specific workplace

38. LEARNING
ACTIVITY 3
• Group
Discussion:
• Apply Phase 2:
Generation
(step 5) of the
Disability
policy process.

39. STEP 6: DISABILITY POLICY IMPLEMENTATION
• The implementation of the policy will have to be overseen and managed by HR management
• Every functional field will employ appropriate technology for the implementation of such policy
• Every official concerned with the making and the implementation of policy will always have to be on the
look-out for techniques which could be used to improve the performance of the functions involved
• It is necessary to mention that the institutions and functionaries concerned with the implementation of
a policy should market their implementation plans, programmes/projects
• The marketing activities should be approached as a continuous process and adapted to answer the
questions asked about the implementation activities.
• An effective information service should be available to the functionaries charged with the policy
implementation.
• After the executive authority has accepted a particular recommendation, the policy has to be translated
into action.
• A Disability policy-maker should never get involved in the physical execution of policies, because it is
the responsibility of the line management/officials to implement this policy.

40. LEARNING
ACTIVITY 4
Group Discussion:
• Apply Phase 3:
Implementation (step 6)
of the Disability policy
process.
• Also explain how
management will ensure
that the organization has
the administrative,
operational and
managerial capacity for
policy implementation at
your organization.

41. STEP 7: DISABILITY POLICY MONITORING AND
EVALUATION (M&E)
• Disability policy-makers should however, request periodical feedback as to monitor the
implementation of its decision
• It is important for managers to ensure that they receive regular and accurate feedback on
the perceived success of the organizational Disability policy from officials in this particular
department.
• Managers would be able to adhere to the accountability and transparency prerequisites
required of all HRM governance action.
• After physical implementation, it is important for a HR manager to evaluate the efficiency
and effectiveness of the Disability policy.
• In order to determine if a policy has any shortcomings or to determine if there is room for
improvement, officials should be requested to submit quarterly reports on the performance
aspects of the Disability policy.
• These reports will determine if corrective steps should be taken. If so, these will be
channeled into the Disability policy process and the process will repeat itself.

42. LEARNING
ACTIVITY 5
• Group Discussion:
• Apply Phase 4:
Evaluation (step 7)
of the Disability
policy process.
• Focus on the
methods, systems
and processes that
will be used.

43. CONCLUSION
• Key points
• Summary
• Questions

44. CONTACT DETAILS
• Dr. Charles Cotter
• (+27) 84 562 9446
• charlescot@polka.co.za
• LinkedIn
• Twitter: @Charles_Cotter
• https://www.facebook.com/CharlesACotter/
• http://www.slideshare.net/CharlesCotter