Disability can affect anyone, very early in life or as a result of illness or accident. It can have more or less significant consequences on the ability to work. Contextual and evolving, it only constitutes a disability in certain environments, under certain conditions, due in particular to the diversity of disabilities and their implications.
As part of a D&I policy within an agency, this subject should be approached through the prism of equal opportunities, inclusion, adaptation and recruitment. To begin, it is relevant to be aware of the different types of disabilities as well as the prejudices surrounding them, such as the incompatibility with performance.
Certain health conditions, whether recognized as disabilities or not, can still be debilitating and, if nothing is put in place, exclusionary for those affected. Establishing an active listening unit is a first step in order to conscientiously adapt the daily lives of these individuals.
In France, 12 million people are in a situation of disability, or 1 in 6 French people.
Among them, 2,7 millionpeople are of working age, or 6,5% of the active population (aged 15-64).
8,2% of job seekers are in a situation of disability.
61% of job seekers benefiting from OETH are in long-term unemployment.
80% of disabilities are invisible.
Nearly 1 million people with disabilities are employed.
In the communication sector, on average, only 2%of agency employees are in a situation of disability, while the law requires companies with more than 20 employees to have 6% of workers with disabilities in their teams.
Sources : APF France Handicap | Pôle Emploi | AGEFIPH | Ministère du Travail
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lexicon
Disability
Any activity limitation or participation restriction in society due to a substantial, lasting, or permanent impairment of one or more physical, sensory, mental, cognitive, or psychological functions, polyhandicap or disabling health disorder. (Law of February 11, 2005 for equality of rights and opportunities)
DIFFERENT TYPES OF DISABILITIESTS
- Physical disability: partial or total limitation of mobility.
- Visual disability: visually impaired and blind individuals.
- Hearing disability: deaf and hard of hearing individuals.
- Psychiatric disability: mental, emotional, and affective disorders.
- Intellectual disability: deprivation of certain intellectual faculties.
- Dys disorders: specific cognitive disorders such as dyslexia, dysphasia, attention deficit hyperactivity disorder (ADHD), etc.
- Autism spectrum disorders: autism, Asperger’s syndrome, developmental disorders, etc.
- Disabling diseases: respiratory, digestive, infectious, diabetes, chronic pain, cancer, etc.
Disability retirement
Disability retirement occurs when an illness or private life accident reduces work capacity by at least two-thirds (66%). An individual is considered disabled if they are unable to earn a salary greater than one-third (33%) of the normal wage for workers in their category. The health insurance system determines the level of disability based on medical documents provided by individuals.
RQTH
Recognition of Handicapped Worker Status.
MDPH
Departmental House for Disabled People. It informs people with disabilities about their rights, possible benefits, and coordinates the recognition of disabilities.
OETH
Obligation to Employ Disabled Workers.
Unfitness
Medical unfitness occurs when an individual’s health becomes incompatible with the position held. At work, it must be declared by the occupational physician after a medical examination and analysis of the work position. This diagnosis requires the employer to seek reclassification for employees “unsuitable for their job”.
However, the employer is allowed to terminate employment if they can justify:
- Their inability to offer a job compatible with the employee’s health condition.
- The employee’s refusal to accept the job offered.
- That retaining the employee in the job would seriously harm their health, or their health condition would prevent them from being reassigned to another job.
Ableism
Discrimination, prejudice, and disadvantage against a person with a disability. Assumption based on the idea that individuals with disabilities must “fix” themselves to adapt to the “normative” environment.
AGEFIPH
Governmental organization responsible for supporting the development of employment for people with disabilities
FRENCH LAWS
Loi pour l’égalité des droits et des chances (2005)
Elle a permis de redéfinir le handicap et ses 4 grandes familles (moteur, sensoriel, cognitif, psychique et temporaire). Elle prévoit que « toute personne handicapée a droit à la solidarité de l’ensemble de la collectivité nationale, qui lui garantit, en vertu de cette obligation, l’accès aux droits fondamentaux reconnus de tous les citoyens ainsi que le plein exercice de sa citoyenneté ».
Elle prévoit également :
- La compensation des surcoûts à la vie entraînés par une situation de handicap ;
- L’obligation d’accessibilité de l’ensemble des établissements recevant du public, locaux professionnels, logements collectifs, transports en commun, voiries, espaces publics ;
- L’obligation d’accessibilité aux moyens de communication publique ;
- L’obligation d’accessibilité à l’exercice de la citoyenneté et aux services publics.
Sa mesure-phare reste l’obligation pour les entreprises de plus de 20 salariées et salariés d’embaucher au moins 6% de personnes en situation de handicap, donc ayant une RQTH.
En cas de non-respect de la loi, une contribution à l’AGEFIPH est imposée aux entreprises concernées. Elle est calculée sur la base des éléments ci-dessous :
- Effectif de l’entreprise ;
- Nombre de bénéficiaires d’une OETH ;
- Nombre de bénéficiaires d’une OETH âgés de plus de 50 ans ;
- Nombre de salariées et salariés occupant des « emplois exigeant des conditions d’aptitude particulière » ;
- Montant des achats et prestations réalisés auprès du secteur protégé et/ou du secteur adapté, et de personnel handicapé indépendant.
- Montant des dépenses visant à développer l’emploi des salariées et salariés handicapés dans l’entreprise ;
- Montant de la taxe Agefiph N -1.
Décret du 25 juillet 2019
Il complète cette loi et oblige les collectivités et organismes publics, ainsi que les entreprises dont le chiffre d’affaires est supérieur à 250 millions d’euros, à rendre leurs services de communication en ligne accessibles aux personnes en situation de handicap. Cette accessibilité sera vérifiée via la publication d’une déclaration spécifique sur le niveau d’accessibilité de leurs communications.
En cas de non-respect de la loi, les organisations concernées devront s’acquitter d’une amende :
- De 2 000€ pour les communes et leurs groupements de moins de 5000 habitantes et habitants, ou les établissements ;
- De 20 000€ pour les autres.
BEST PRACTICES
Raise awareness among recruiters
Offer awareness or training workshops on disabilities.
Internal acculturation
Use the Activ Box proposed by AGEFIPH to communicate internally about the various disabilities and how to have them recognized.
Expand your recruitment
Participate in disability-focused job fairs, post job listings on the AGEFIPH website, recruit through Cap Emploi…
Be supported by AGEFIPH
Association responsible for supporting the development of employment opportunities for people with disabilities. It offers numerous financial aids and services to support companies in creating, developing and implementing their disability-related policies and actions. AGEFIPH also co-finances apprenticeships and professionalization contracts for people with disabilities in companies.
GO FURTHER
Hire from adapted companies
For occasional tasks or certain jobs, it is possible to call on Adapted Companies (EA) and Establishments and Services for Help through Work (ESAT)
Guide AACC Disability
For more information, AACC has published a Disability Guide for agencies: Guide du Handicap
Establish partnerships with specialized establishments
Present communication-related professions in traditional or specialized training institutions, as well as at events related to the recruitment of people with disabilities.
BEST AGENCY PRACTICES
Adveris – Accessibility by Design
Beyond being a legal requirement, web accessibility is a key social and performance issue that Adveris wants to place at the heart of its productions. The agency has formed a working group representing the various professions in the agency, tasked with implementing a roadmap to make the agency’s productions accessible by design by 2023. The objective is to no longer make accessibility a “bonus”, but to systematically integrate it into all its productions. On the agenda are: evolution of internal tools, documentation and training, with a trajectory defined by department and profession.
Publicis – Working with Cancer
In early 2023, Publicis, in collaboration with its partners, launched “Working With Cancer,” a strong commitment to eradicate the stigma associated with cancer in the workplace. 50% of individuals affected by cancer are afraid to discuss it with their employers, and too few companies are aware of this issue. When you’re fighting for your life, you shouldn’t have to worry about your job. It’s time for change. Publicis is working to encourage as many companies as possible to pledge to eliminate the insecurity felt by cancer patients in their workplace, so that their sole focus can be on their recovery. Already, more than 970 companies have joined the initiative, and you can become a signatory for your agency here.
Saatchi & Saatchi – RQTH, Kesako ?
80% of declared disabilities are invisible and in the world of work, many disabled people still do not want to have their status as a disabled worker recognized to avoid being stigmatized. In 2020, Saatchi & Saatchi wanted to raise awareness among employees about disabilities and to address the issue of RQTH (recognition of disabled worker status) by answering the question “RQTH, what is it?” in a short video by a disability reference employee who simply explains what RQTH is and the rights it gives to disabled workers.
BETC – DuoDay
Every year since 2019, BETC participates in DuoDay to introduce its professions to people with disabilities. After finding volunteers among our employees for this welcome day, we post job offers on the platform that correspond to their profession. This day allows candidates to discover the agency’s professions by promoting active participation. The agency communicates with candidates to plan the necessary accommodations for their visit to the agency and briefs them on the organization of the day.
TOOLS AND RESOURCES
- L’Adapt is the leading association on social and professional integration for people with disabilities..
- L’ARPEJEH supports young people with disabilities in their job market integration.
- Diversidées is a consulting firm specializing in diversity and disability issues.
- DuoDay is an initiative that pairs people with disabilities and willing professionals for a day to promote inclusion in the workplace and job discovery.
- Collock, a company that organizes escape games in the workplace, offers « serious games », a form of corporate games aimed at raising awareness about a specific cause.