Combating Employment Discrimination Against the Disabled and the Quota System

Abstract

Combating discrimination against the disabled is an integral part of protection for the disabled and also an important element of labor law. Combating disability discrimination in employment has special significance for safeguarding the equal rights of and promoting employment for the disabled. It can help them become more independent and confident, to enhance their social status, and to empower them to be self-reliant. It also has an indispensible role in reducing their dependency on the government, the society, and their family. Along with the advance of technology and medical care and improvements in the work environment, the ability of many disabled to work has been enhanced and more job positions suitable for the disabled have become available. Therefore, preventing and combating disability discrimination in employment is now more important than ever. Yet compared to other forms of discrimination in employment, it is more recalcitrant. In many situations, the ability of the disabled to work is limited compared to the rest of the population and it is not easy to decide whether a person is qualified for a particular job. At the same time, having the disabled on one’s staff often requires the employer to provide special equipment or facilities to meet their special needs, which might increase labor costs. Therefore, disability discrimination legislation and its implementation need to balance the equal rights to employment of the disabled and the burden and labor costs of the employer. This is much less of an issue in efforts to combat discrimination based on gender, race or other factors. In reality, this also makes it more difficult in disability discrimination cases to determine the justifications of the employer’s defense.