'It does not set clear and specific expectations for businesses on becoming fully accessible'
The Dyslexia Foundation of New Zealand (DFNZ) has criticised the country's Human Rights Act as inadequate in protecting people with disabilities (PWDs) and neurodiverse individuals from discrimination by organisations or businesses.
The Human Rights Act 1993 prohibits employers from refusing to employ an applicant with disability on work that is available, or giving them less favourable terms of employment, conditions of work, and opportunities for training, among other protections.
However, while the law prohibits discrimination on the basis of disability, it "does little" to address the problem, according to Guy Pope-Mayell, DFNZ chair of trustees.
"It does not set clear and specific expectations for organisations or businesses on becoming fully accessible as employers and service providers. There are no standards and no penalties," Pope-Mayell said.
He also criticised the Human Rights Commission and the Human Rights Tribunal process, arguing that it could take "three to five years" for an incident to go from the commission to tribunal decision.
"This is not accessible to the average person, and it places the responsibility for change with the person who is the victim of discrimination, not the organisation that facilitated it," Pope-Mayell said.
Across the world, efforts are being made to get more PWDs into jobs. Malaysia has been urging employers to provide job opportunities to PWDs, while Singapore has been providing wage offsets for employers hiring PWDs.
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New Accessibility Bill also draws flak
Pope-Mayell made the remarks as DFNZ also criticised the New Accessibility Bill for New Zealanders that was being heard by the Parliamentary Social Services Select Committee.
According to Pope-Mayell, the bill is "diluted and toothless" and fails to enact meaningful change.
"In short, the bill needs to be much tougher to stamp out discrimination," Pope-Mayell said as he addressed the committee.
The DFNZ said the bill needs to include an "inclusive definition of disability" as well as an extended scope to include persons conducting a business or undertaking. He said it also needs to include:
- greater committee powers
- a three-yearly review and timely accountability to the House of Representatives
- accessibility standards
- a regulator
- a barrier notification system
- a dispute resolution process to remove access barriers
"Discrimination is systemic and deeply rooted in society. It's everything from a lack of ramps for wheelchair access through to excluding a neurodiverse student from class because they seemed to be 'behaving badly,'" Pope-Mayell said.