"Building Awareness To Shift Attitudes" A response to the discussion paper "Improving the employment participation of people with disability in Australia" published by The Hon Bill Shorten MP, Minister for Employment and Workplace Relations, Financial Services and Superannuation and the Department of Education, Employment and Workplace Relations (DEEWR) By the WorkFocus Group February 2013 Submission on ‘Improving the employment participation of people with disability in Australia’ Page 1 of 14 About Us The WorkFocus Group works with the Australian Government as the sole national provider of JobAccess, the National Disability Recruitment Coordinator (NDRC) program, the Complaints Resolution and Referral Service (CRRS) and the National Disability Abuse and Neglect Hotline (The Hotline). We are also a high performing provider under Job Services Australia (JSA) and Disability Employment Services (DES), and a leading national provider of occupational rehabilitation services for both public and private sector employers. We work closely with employers - large and small alike - in delivering our services. We believe this has helped us develop a strong understanding of employer needs, how to influence employers and the barriers employers face. We consulted with the following selection of our employer partners about the Minister's Discussion Paper and the contents of this response: Commonwealth Bank Australia The Fairwork Ombudsman Manpower Sunshine Coast Council Australia Post The Department of Human Services Darwin City Council We also consulted with Susan Scott-Parker, founder and CEO of the Business Disability Forum, the UK’s national employers’ network. Submission on ‘Improving the employment participation of people with disability in Australia’ Page 2 of 14 Introduction We share the Government's view that increasing the employment of people with disability is essential, not only for individuals with disability and their families, but also for the Australian economy broadly. 1 We also agree that more needs to be done to improve employer practices in regard to people with disability. We have first-hand experience in this area which we have used to form the recommendations in this submission. As mentioned above, a large part of our business is devoted to engaging with employers over the employment of people with disability - developing their confidence, educating and supporting them - and so we feel we offer realistic, on-the-ground perspectives on these issues. As noted in the Discussion Paper, Government programs that support the employment of people with disability, such as JobAccess and the National Disability Recruitment Coordinator (NDRC) have existed for some time, and "despite their relative success, there has been limited improvement in the statistics". 2 As the sole national provider of these two mentioned services, as well as a DES provider, we would like to supply a brief commentary on each of these specific areas (Part 2). Each service has unique strengths and we believe successes there form a good platform to build upon. However, we will begin with what we see as the most fundamental issue raised in the Discussion Paper. 1 This point is well demonstrated in Deloitte Access Economics (2011), The economic benefits of increasing employment for people with disability (Commissioned by the Australian Network on Disability) 2 Commonwealth Government (2012) Improving the employment participation of people with disability in Australia Discussion Paper Submission on ‘Improving the employment participation of people with disability in Australia’ Page 3 of 14 Part 1 1.1 The real problems The point is often made that employing people with disability makes good business sense. Indeed Minister Shorten's Discussion Paper notes the following:3 • employees with disability are rated as average or above average in productivity, flexibility and attendance • workers with disability have a positive impact on staff morale • employing people with disability builds customer loyalty and provides business benefits to the employer brand • employees with disability are an extremely diverse group both in sense of their skills and their needs • employing a person with disability does not cost more than a person without disability (financial assistance is also available for workplace modifications) • employees with disability actually have fewer scheduled absences as well as better retention rates • employees with disability cost marginally less in terms of safety and insurance costs4 Typically, when something makes good business sense it gets adopted without any help from Government. The competitive drivers of commerce and industry make sure that advantageous practices are swiftly implemented. Why then, if employing people with disability makes good business sense (and we agree that it does) have we not seen an improvement in the statistics in Australian business? We believe that most answers to this question still - despite many years of effort - fall into two familiar categories: i) Attitude - Many employers do not understand/trust/appreciate the skills, contributions and benefits that people with disability can bring to their business. This is often compounded by myths and false stereotypes around employing people with disability. People in general, not just employers, are also afraid of doing or saying 'the wrong thing' around a person with a disability (a lack of basic disability confidence). Many employers (especially small and medium sized) believe they will have to spend a lot of money making many changes in order to accommodate those with disability. Many conclude that it is "too hard" and opt to instead "keep it simple" by avoiding the issue altogether. That, expressed bluntly, is the attitude problem. If that isn't changed then major improvement in the employment of people with disabilities in Australia is arguably impossible. ii) Awareness - Linked in many ways to i), Australian employers are simply not aware enough - or convinced enough - of the business benefits of employing people with disability, and more importantly, they are not aware enough of the Government supports available to them in this area.5 3 Originally from Commonwealth Government (2012), Strengthening your business through diversity – A guide for employers. These points have been well-established for over ten years, most prominently argued in Graffam, Joseph, Smith, Kaye, Shinkfield, Alison and Polzin, Udo (2002) Employer benefits and costs of employing a person with a disability 4 Submission on ‘Improving the employment participation of people with disability in Australia’ Page 4 of 14 We believe that the programs and supports available in Australia - DES, JobAccess, the NDRC, etc - are appropriate, comprehensive and effective. They are not perfect and we hope to assist the Government in their continual improvement, refinement and adaptation to the contemporary patterns of our labour market (see Part 2 for more). However, the available programs and supports are not the problem. We believe that we, together with Government, should focus efforts - in a bigger way than ever before - on building awareness and shifting attitudes. If this is sustained over many years then the Government's programs and supports will be used more, and to far greater effect, than ever before. Primary Recommendation: build awareness to shift attitudes We think changing deeply held attitudes is hard and will take long-term commitment. However building awareness is not hard, and it is the first step towards changing attitudes. Our recommendation therefore is to focus efforts on promoting the benefits of employing people with disability, building familiarity with the available Government programs and supports and working to aggressively shatter myths and negative stereotypes. To accomplish this we recommend a sustained, multi-year, through-the-line awareness campaign.6 This campaign is challenging and needs to change attitudes and have a lasting influence on decision makers. It therefore needs to be very skilfully executed. We believe a compelling, memorable, repeated and informative radio, TV and print campaign coupled with a targeted direct marketing drive to employers and industry groups would build awareness, dispel myths and shift attitudes. 5 The Australian Human Resources Institute (2011), Recruiting People with Disability: An Employer Perspective, indicates that 54% (out of 678) of those employers sampled had never employed someone with an identified disability and were not aware that DES services were available to assist them. Of those employers who had employed a staff member with a disability, only one third filled the vacancy though a DES provider. 6 The Australian Chamber of Commerce and Industry (2012, Employ Outside The Box - The rewards of a diverse workforce) makes a similar recommendation but suggests a below-the-line campaign. We feel however that both above- and below-theline campaigns in tandem would be more effective in the longer term because above-the-line advertising will reach the employers of tomorrow, smaller businesses, the wider community and the 'national consciousness'. All these are missed by targeted below-the-line campaigns, but nevertheless have powerful influence on the decisions of employers. Submission on ‘Improving the employment participation of people with disability in Australia’ Page 5 of 14 1.2 Quotas It seems to us that where countries feel there is no hope of an attitude shift they resort to quotas. We believe there is hope for an attitude shift in Australia, and we also believe that the business community and the majority of people with disability - would prefer all other options ahead of quotas. Fundamentally, employment is all about getting the right person for the job.7 Though we acknowledge that employment quota schemes have forced change in some countries, we believe that change comes with tokenism and poor employment practices. For example, in Portugal, a disability quota in public employment is mostly filled with long-term employees who have cancer, meaning few persons with disability from outside have been hired.8 People with disability may need specific supports in order to sustain work, but they should nevertheless be chosen on the merit of their abilities and suitability for the role, not the mere existence of their disabilities. Recommendation: No to quotas 1.3 Reporting and Disclosure We agree that measurement is an important aspect of what we need to do to boost the employment of people with disability. We also understand that measurement is never going to be precise because of definitional issues and because disclosure must always be voluntary. People with disability have a number of fears that stop them disclosing. Some are afraid of stereotyping, some fear their application will be rejected, others simply consider their disability to be a private matter, or nothing to do with their employer. We respect the opinions of job seekers but generally try to discuss the benefits of disclosure, leaving the decision up to them. Up till now, employers in general have taken a pragmatic view on disclosure. One employer we consulted set out their views on voluntary disclosure as follows: "(a) Some disabilities are obvious and disclosure is therefore not applicable (b) If it is an obvious disability that does not impact on the position – no disclosure is necessary (c) If it is not obvious but does not impact on the position – no disclosure is necessary (d) If it is not obvious (e.g. mental health) but does impact on the position – disclosure is necessary" This last point (d) is obviously the most difficult for employers to manage. Disclosure cannot be forced but where it affects work performance employers are liable to say it is 'necessary' in order for the proper 7 This was a key finding in employer surveys detailed in Department of Education, Employment and Workplace Relations (2011) Employer perspectives on recruiting people with disability and the role of Disability Employment Services 8 M.Fembek et al, the Essl Foundation (2012) Zero Project Report 2013 - International Study On The Implementation Of The UN Convention On The Rights Of Persons With Disabilities Submission on ‘Improving the employment participation of people with disability in Australia’ Page 6 of 14 supports to be put in place. If it is necessary can it still be voluntary? This is where the interests and rights of employers and employees with disability are not easy to align. Recommendation: mandatory reporting for large companies We believe that building awareness and changing attitudes will encourage more people to disclose their disabilities, but this will take time. In the meantime, we support the idea of mandatory reporting for larger companies. We also recommend that employers lead the process of shaping and evolving the disclosure and reporting regime. While we endorse the idea of reporting we would not like to see a cumbersome process burdening business. We support the idea of employers being actively involved in developing guidelines on reporting and disclosure in partnership with people with disability. One way to do this could perhaps be a coalition of employer representatives (e.g. the Australian Network on Disability) and the Australian Federation of Disability Organisations. We expect this will lead to the focus being on qualitative reporting primarily (i.e. practices, processes, plans and strategies) with secondary quantitative reporting where possible and applicable. An agency may need to be established to manage, collate and distil the reports, turning them into best practice tools and templates where possible. 1.4 The definition of disability for reporting purposes Part of the challenge with all disability services is that the very concept of disability is so nebulous. As noted in the Discussion Paper, the spectrum of disability is wide and varied, there are vast differences in the severity of disability, the age of onset, and the degree to which a person's abilities and independence are affected. This is before even considering those with multiple disabilities or co-morbid conditions. For this reason there may never be a definition that is universally agreed. However, for the purposes of disability employment reporting and disclosure arrangements we recommend a merger of the two definitions cited in the Discussion Paper (i.e. the Disability Discrimination Act definition of disability and the ABS Survey of Disability, Ageing and Carers definition of disability). We have supplied a version of how this could work as Appendix 1 at the end of this document. Submission on ‘Improving the employment participation of people with disability in Australia’ Page 7 of 14 Part 2 Just as it makes business sense to employ people with disability, for Government it makes economic sense to create an environment that is supportive for people with disability. 9 We believe Australia increasingly has a supportive environment. In Part 1 we mentioned our belief that the available programs and supports are appropriate, comprehensive and effective but that there is nevertheless opportunity for improvement. Now in Part 2 we briefly characterise three disability employment programs we are involved in and recommend a few ways in which they could do more, as well as ways in which they can contribute to overcoming the main barriers discussed in Part 1. 2.1 The NDRC The NDRC creates employment opportunities for people with disability by building disability confidence and helping large employers to employ people with disability. The service was recently reviewed and enhanced following consultation with employers and disability groups. This review means the NDRC is increasingly focussed on education and capability building. The goal is to make it easier for employers to access services that will help them employ people with disability, including: • helping more employers implement tools and best practice disability programs, and • facilitating learning through engaging employers and human resource practitioners in best practice seminars. In essence, the recent review has not changed the goal of the NDRC: to partner with employers to create sustainable employment for people with disability. However, what has been enhanced is the way the NDRC pursues its goals. The service moves from a placement focus to become more of a change agent, via education, facilitation and the sharing of good practice across employers and employer groups. Recommendation: monitor the results of an enhanced NDRC We believe the revised NDRC model will allow greater opportunity for the NDRC to engage with even more Australian businesses and employer groups. We look forward to being able to report on the progress of the revised service in the coming months. 2.2 JobAccess JobAccess provides confidential, expert advice on the employment of people with disability, including how to access a Disability Employment Service, workplace modifications and adjustments and Auslan interpreting. JobAccess can serve to help small-to-medium sized employers looking to fill a vacancy with someone with disability. The service puts them in touch with a number of DES providers in their area so they have the opportunity to discuss their business needs, build a relationship and determine if the service is able to meet their recruitment needs. 9 This is well explained in Sebastian Buckup, International Labour Organization (2009), The price of exclusion: The economic consequences of excluding people with disabilities from the world of work Submission on ‘Improving the employment participation of people with disability in Australia’ Page 8 of 14 Since inception, JobAccess has advised on over 144,000 enquiries, managed over 20,000 funding requests and organised more than 6,500 worksite assessments to determine disability-specific workplace needs. We have an impressive knowledge base on disability, aids and equipment – what works for what job. The biggest strength of JobAccess is that it is a one-stop-shop for employers and job seekers with disability where they can get professional advice, funding and support for workplace adjustments, disability awareness training and much more. JobAccess receives very high satisfaction scores from both job seekers and employers. Recommendation: allow JobAccess to cover more Disability Awareness Training JobAccess should be expanded to play a bigger role in the education of employers and job seekers. A first step would be to get Disability Awareness Training (DAT) to cover potential employees and interested employers as well. We believe that if an employer is interested they should be able to get funding for DAT without it necessarily being linked to a specific person with disability. Recommendation: look at additional ways to increase employer awareness of JobAccess JobAccess is a very effective service - the employers and job seekers who use it rate it very highly. JobAccess is an asset which could be made more of. We recommend an even sharper focus on awareness-raising initiatives that give ‘bang for buck’, with perhaps a more formal working party-style collaboration between Government and JobAccess to optimise these efforts. The service currently operates under a tight funding arrangement so resourcing such an effort may need to be further explored. Promoting JobAccess will help the service reach more employers and job seekers and cement its role as the ‘go to’ service for disability employment assistance. In turn, this may well have an impact on the wider issue of changing attitudes about disability employment. 2.3 Disability Employment Services The Government's Disability Employment Services (DES) program recognises that some job seekers with disability need specialist help, and crucially, that their employers may need specialist support too. People with disability want to work but may need coordinated support, training opportunities and an inclusive community in order to succeed. In essence, most lack opportunity, not ability. DES providers help job seekers with disability to access individually tailored employment services, with strong links to training and skills development, as well as ongoing support for both the employee and employer. Since DES commenced in 2010 the number of DES job seekers who were placed in a job (for at least 13 weeks) is almost 50% higher than under the previous system (DEN/VRS). The latest Survey of Disability, Ageing and Carers, conducted by the Australian Bureau of Statistics (ABS), and cited in the Minister's Discussion Paper, was conducted in 2009, before DES. It showed that the labour force participation rate for people with disability aged 15–64 years was 54.3 per cent compared to 82.8 per cent for people without disability (a gap that has been persistent for over 10 Submission on ‘Improving the employment participation of people with disability in Australia’ Page 9 of 14 years). We expect the next ABS survey of Disability, Ageing and Carers will reveal the positive effect DES has had on disability employment in Australia. In their 2011 research paper, 'Recruiting People With a Disability: An Employer Perspective' the Australian Human Resources Institute (AHRI) make the point that Disability Employment Services attempts to combine two very different sectors of the community into the one program where their interests are potentially at odds. On the one hand there are DES providers and community support services which originate from education, health and welfare programs, while on the other there are competitive businesses looking for skills that can help sustain or grow their enterprise. The AHRI survey also revealed that many employers feel that DES providers are "more focused on supporting and placing the job seeker than understanding and addressing the needs of the business".10 What results from this clash are deficiencies in recruitment practices, such as not properly matching job seekers to the employer selection criteria. Employers are not patient with DES providers who are not commercially astute, fast and efficient. The challenge for DES providers is to deliver effective job seeker support on the one hand and effective employer support on the other, and these take very different skills. By way of example, atWork Australia, part of the WorkFocus Group, employ specialists on each side of this divide in their delivery of DES. Each type of specialist requires very different skills and experience i.e. job seeker specialists with case-management, clinical and support skills and employer specialists with key account management and relationship building skills. We believe this is the most effective way for DES providers to engage both job seekers and employers simultaneously. Recommendation: make funding for vocational training easier to access through a DES provider If we all agree that people with disability should be chosen for work on the basis of their skills and suitability for the role then training for people with disability is key. A common complaint from job seekers to the CRRS service (operated by WorkFocus Australia) is that DES providers cannot pay for their training courses. We recommend that access to funds for vocational training is made easier to address this. 10 Australian Human Resources Institute (2011), Recruiting People with Disability: An Employer Perspective Submission on ‘Improving the employment participation of people with disability in Australia’ Page 10 of 14 Part 3: Capturing and developing ideas, big and small In the developing of this paper, and in our ongoing conversations with employers and other stakeholders dedicated to furthering diversity in business, we have uncovered some high-potential ideas. Some of these ideas are small and may represent quick wins, others are larger and require development. The WorkFocus Group thought it useful to capture them in this document for your consideration. We would be delighted to play a role in examining these further with you. 3.1 Leadership and connecting people One theme that continually emerged in discussion was that all this effort is for naught unless an employer says ‘yes’ to hiring a person with disability. At the moment, and rightly so, there is a great deal of focus on the services that exist along the pathway to employment. However, there is also enormous potential in creating direct connections between employers and people with disability. Once connections are created, biases and assumptions fall by the wayside. An employer sees the person and their potential, not a preconceived idea of the challenges of disability. We believe some or all of the following ideas are worth pursuing to create and build upon linkages between employers and people with disability: A ‘Getting to Yes Forum’ – Sponsored by the Government, professionally facilitated, this two-day forum brings together 60-70 business leaders and skilled job seekers and / or employees with disability, gets them together as peers, and determines all the obstacles along the path to employment – both for job seekers with disability and for employers. A paper is distributed beforehand to guide proceedings and a process should be established to develop the forum’s findings. Done well, this may well influence the next phase of Government employment policy. Leadership development programs – Large employers agree to ‘sponsor’ high potential job seekers with disability through their existing in-house programs. Via advertisements in the disability press, job seekers with disability are invited to apply for this sponsorship. Selected applicants are matched to an employer who then puts them through the same in-house leadership (or any relevant) training as their own employees are attending. Connections are established between that job seeker with disability and several people within an organisation. Perceptions of people with disability are revised, networks are established, mentoring is a possibility and the ripple effect goes to work in changing attitudes. A pool of professionally qualified and skilled job seekers with disability – All large employers that we spoke with have made commitments to employing people with disability. These are executed with varying degrees of success. Most of these employers identified a real gap: they are unable to find ‘high capacity’ people with disability for their jobs. Typically, these people are not Submission on ‘Improving the employment participation of people with disability in Australia’ Page 11 of 14 registered with a DES. It would be a huge service to them to have one pool of professionally qualified and skilled job seekers with disability, potentially under the NDRC service. An example of a similar service in the US is the ‘Think Beyond the Label’ initiative, a public-private partnership that focuses on recruiting people with disability that may not be engaged with federally funded disability employment services. 3.2 Human Resources functions and recruiters Both in-house and external recruiters, as well as the wider human resources (HR) function, can have a dramatic impact on whether job seekers with disability are catered for throughout that process. One recent United Kingdom survey of 3,000 people, conducted by British Telecom, found that nearly two-thirds (65%) of people admitted they avoid people with disability because they don’t know how to act around them.11 That was a general population survey, so presumably a large percentage of recruiters may well carry a similar attitude into their work. It stands that there may be some progress made through focusing on Australia’s HR and recruitment practitioners. Specific ideas include: Establish an accreditation scheme for HR practitioners in AUS – this would begin with disability confidence training, both in general and also specifically focused on the recruitment, application and retention phases of employment. Guaranteed interviews – should a person with disability meet the criteria for a job, they are granted an interview. This form of positive discrimination is another way attitudes can and will slowly change. The job seeker with disability, at minimum, benefits from interview practice and, each and every time, recruiters and managers meet job seekers with disability their disabilityconfidence is built and attitudes shift. A guaranteed interview also provides an incentive for a person with disability to disclose that disability at the job application stage. The NDRC actively advocates for this strategy to be adopted across its partners and it is a concept that is growing in appeal. 3.3 Operational and systems adjustments Sometimes it is not what is being done, but how it is being done, that may present the obstacle to employment. Many employers now rely on online recruitment, which creates a barrier for many job seekers with disability. 11 Full press release on the 2011 survey can be found at https://www.btplc.com/News/Articles/ShowArticle.cfm?ArticleID=A558F129-8F6C-410A-AB4B-703E976AD053 Submission on ‘Improving the employment participation of people with disability in Australia’ Page 12 of 14 In the UK, McKinsey and Company found that 1.3 million people with disability were unable to apply for any jobs with the vast majority of companies due to barriers created by technology. Anecdotally, the Australian experience is similar. One way to start looking at this issue may be: Review and discuss the UK and other international experiences to explore ways to combat this challenging issue.12 There is also a technology taskforce in the UK which may assist. We are well aware the Australian Government is already doing a great deal of work in making its own websites accessible to all. The challenge is to influence the private sector to follow suit. Conclusion Our argument in this submission is that attitude and awareness issues are the real problems blocking the employment of more people with disability. We feel that Government has done well to evolve an effective set of programs and supports but that more focus should be placed on building awareness in order to shift attitudes. It is the attitudes of employers that we most need to change and therefore employers are where most of the focus should be. Properly understanding how to work with employers is key (i.e. for DES providers) in order to catalyse an organic demand-driven strategy. To summarise, our main recommendations are: Build awareness to shift attitudes No to quotas Mandatory reporting for large companies Monitor the results of an enhanced NDRC Allow JobAccess to cover more Disability Awareness Training Explore further promotion of JobAccess Make funding for vocational training easier to access through a DES provider All of us at the WorkFocus Group are proud of our work so far in helping people with disability into work, building employer disability confidence and partnering with Government in the delivery of disability employment programs. We look forward to continuing our work on all three fronts and we would be delighted to engage further with Government to make a lasting, positive change to the employment prospects of those with disability. 12 One example for review could be http://businessdisabilityforum.org.uk/talent-recruitment Submission on ‘Improving the employment participation of people with disability in Australia’ Page 13 of 14 Appendix 1: An idea for a merged definition of disability We have developed the following definition by merging the most important features of the Disability Discrimination Act (DDA) definition of disability and the ABS Survey of Disability, Ageing and Carers definition of disability. A ‘disability’ means a limitation, restrictions or impairment, which has lasted, or is likely to last, for at least 6 months and restricts everyday activities. It includes: a) total or partial loss of the person’s bodily or mental functions; or b) total or partial loss of a part of the body; or c) the presence in the body of organisms causing disease or illness; or d) the presence in the body of organisms capacity of causing disease or illness; or e) the malfunction, malformation, absence or disfigurement of a part of the person’s body; or f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; To guide and directly inform the interpretation of the definition above, specific examples of disabilities under this definition include: • Loss of sight (not corrected by glasses or contact lenses) • Loss of hearing where communication is restricted, or an aid to assist with, or substitute for, hearing is used • Incomplete use of feet or legs • Nervous or emotional condition causing restriction • Restriction in physical activities or in doing physical work • Speech difficulties • Shortness of breath or breathing difficulties causing restriction • Disfigurement or deformity • Mental illness or condition requiring help or supervision • Chronic or recurrent pain or discomfort causing restriction • Blackouts, fits, or loss of consciousness • Long‐term effects of head injury, stroke or other brain damage causing restriction • Difficulty learning or understanding • Incomplete use of arms or fingers • Difficulty gripping or holding things • Receiving treatment or medication for any other long‐term conditions or ailments and still restricted Note: The key exclusion (from the originals) are the DDA stipulations (h, i, j and k) relating to when the disability existed/will exist. This is because the definition is intended to be used to aid in the measurement and reporting of the current number of people with current disabilities at work Submission on ‘Improving the employment participation of people with disability in Australia’ Page 14 of 14