Creating inclusive workplaces for people with disabilities or medical complexities

Shambhavi Ravishankar (she/her)

As a medically complex individual, I am more likely to turn down job offers than accept them either because of vague work policies or work environments that are cutely described as “fast paced”, to disguise that their employees’ workload is improperly managed. By “medically complex” I refer to people who live with chronic diseases and rare diseases, with organ or physiological related conditions. 

What’s the challenge? 

It is particularly confusing when organisations say they need to treat their employees equally, because we are all not inherently equal. Especially in the case of medical complexity or disability. We already live with so much uncertainty, even if we act correctly every second of every day. So, what may seem like a special benefit to one employee may be a reasonable accommodation for another, to enable them to perform.

The ability to function in chaos with ever shifting goal posts is the privilege of the healthy. And many of us were never given the privilege of good health. We must carefully manage our ambitions, skills, and medical realities. Seeking out and creating inclusive workspaces is a key part of this management. 

What does the law offer?

The Rights of Persons with Disabilities Act, 2016 (RPwD Act), which applies to both government and private establishments, requires equal opportunity policy to be notified, with measures based on the relevant chapter in the RPwD Act. For government establishments it is necessary to provide reasonable accommodations and ensure non-discrimination, and for private establishments, there are differentiated obligations based on the size of the organisation. For instance, if the organisation employed less than 20 members, it is sufficient to list the facilities and amenities to be provided to the persons with disabilities to enable them to effectively discharge their duties in the establishment. (Section 21 of the RPwD Act and Rule 8 of the Rights of Persons with Disabilities Rules 2017 (RPwD Rules)). However, the RPwD Act excludes many diseases.

How can we look for or create inclusive workspaces?

1. Prior to joining organisations: It involves research to understand the approach of the organisation’s leadership to inclusion. Industries can be close knit. Therefore, leveraging your networks to get inputs helps in knowing what accommodations you can reasonably ask for. LinkedIn is also a valuable tool in this regard - comments, reposts or even the job description itself, often provide information to assess how inclusive the organisation is likely to be.

2. During the application process: 

   
   

   1. It also involves making a list of questions based on one’s specific medical realities and pushing for implementable answers during the interview process. For instance, “hybrid” can mean three days at the office. It can mean occasional travel or weekends at the office. It can mean that the team you are specifically assigned to works in office on specific days of the week. Ask what “hybrid” means, and how much flexibility you have in determining your hybrid model.

      
      

   2. It requires you to be brave enough to request things in writing. Interviewers may provide acceptable responses during the interview, only for you to find these responses missing entirely in the contractual documents or the organisation’s policies. For instance, if you have issues with your sleep and therefore need to plug in later/ earlier in the day, or take a break during the day, and the organisation’s policies/contractual documents do not make it clear that these are options available to you.

   
   

3. Inclusivity during employment or engagement:

To design and ensure inclusive workspaces, the organisation’s policies and contractual documents should have a flexible framework on a variety of issues, to enable the employee/ contracted individual to work with the leadership and relevant team leaders to identify and account for their specific needs. Flexibility may be needed for issues including: 

• Job deliverables and how they will be assessed;

• Work-from-home and the number of days mandatory attendance in office;

• Number of days allocated for leave (e.g., menstrual leave, additional days for sick leave for people living with rare diseases);

• Travel requirements (e.g., the kinds of transport and stay the organisation will fund, the frequency and locations of travel);

• Plugging in and plugging out times;

• Camera on requirements for video calls;

• Use of technology tools for repetitive activities (i.e., proofreading, note taking, or summarising);

• Location of desk (e.g., closer to washrooms or windows); 

• Delegation or back-up personnel for work, in case the person is taken ill; and 

• Dietary requirements for the office pantry or official events hosted by the organisation.

This enables co-designing of the organisations’ policies and contractual documents, with people with disabilities or medical complexities, to ensure they can perform well, without risking their health. Organisation leaders should also read up on strategies such as Christine Miserandino’s  Spoon Theory, to understand how best to support their disabled or medically complex employees’ needs.

People with disabilities and rare diseases power what Enable India (one of India’s leading disability rights organisations) describes as India’s purple economy. Inclusive workspaces and policies give us a level playing field to meaningfully utilise our lived experience, skills, and perspectives for the country’s growth.

Shambhavi works at the intersection of law, public policy, rights and technology, largely in the healthcare sector. Formerly, she worked as a consultant with Ikigai Law in their digital health and digital gaming practices. She has advised companies working on digital health apps on navigating India’s healthcare and technology laws. She is also a patient advocate living with a rare disease. She raises awareness on rare diseases and invisible disabilities, and works to create policies (e.g., the National Policy for Rare Diseases), improve access to orphan drugs, encourages research in rare diseases, and improves access to patient support services. Her patient advocacy work includes volunteering her time in organisations in India and globally, such as the Organization for Rare Diseases India and the Alagille Syndrome Alliance.

For organisations seeking to strengthen their PoSH/DEI frameworks, write to us on hello@shesr.in to build inclusive workplaces that empower, retain, and elevate women. Talk to us to know more about leadership's role in preventing workplace harassment.