LEGISLATING DISABILITY INTEGRATION IN EMPLOYMENT: COMPARING LEGAL SOLUTIONS FROM NIGERIA, SOUTH AFRICA AND THE UNITED STATES OF AMERICA

Abstract

There are various legislations by which State governments can ensure the integration of disabled persons into the workforce: employment quota public procurement and disability nondiscrimination legislation. Nigeria’s Disability Discrimination Act of 2018 enshrines the right of disabled persons to work and earn a living without discrimination and adopts a number of these disability integration provisions. This work examines the pros and cons of these types of legislation vis-a-vis the reality of Nigerians living with disabilities. A doctrinal and comparative methodology is espoused which seeks to fill lacunae in our jurisprudence by examining and recommending for adoption, more robust nondiscrimination policies and provisions from neighboring South Africa. Given the long history of discrimination against persons with disability, this work also recommends affirmative action in the nature of free education and skills acquisition for disabled persons and obligatory provision of reasonable adjustments in the organised private sector. The work further recommends the enactment of an ‘Employment Rights Act’ to replace the extant Labour Act and inculcate international anti-discrimination standards into the Nigerian workforce, most particularly the concept of unfair dismissal.