RFI-ILAB-23-01.pdf

Request for Information: Ensuring access to decent work for persons with disabilities.

The U.S. Department of Labor’s (DOL) Bureau of International Labor Affairs (ILAB) is seeking input in response to this Request for Information (RFI) to better inform future programming focused on the linkage between disability rights and decent work.0F

1 This request is for information purposes only to help ILAB gain a better understanding of potential solutions to prevent discrimination based on disability, enhance the economic inclusion of persons with disabilities, and improve adherence for respect of disability rights in the labor and employment realms, including strategies and remedies that emphasize disability inclusion and economic empowerment. ILAB may use feedback and comments from this RFI to refine the focus of future funding opportunities. This is not a funding opportunity announcement.

Responses to this RFI are voluntary. Respondents are not required to respond to all questions but may choose to do so. Responding to this RFI will not give an advantage to any organization or individual for any possible subsequent procurement action and will also not lead to a future organizational conflict of interest related to a procurement action. Not responding to this RFI does not preclude participation in any future funding opportunity announcement, if any is issued. If a funding opportunity announcement is issued, it will be posted on www.beta.sam.gov and/or www.grants.gov, and all interested parties must respond to that funding opportunity announcement separately from any response to this RFI. At its discretion, ILAB may use any, all, or none of the information submitted in response to this RFI. Respondents must identify any information they consider to be sensitive or proprietary. Any information submitted will not be returned, and no payment will be made by the Government for information provided in response to this RFI.

Responses to this RFI should be sent by email to Evan Tuch at tuch.evan@dol.gov with a copy to and Angela Peltzer at Peltzer.Angela.K@dol.gov no later than July 10, 2023 at 11:59PM EDT. Please include RFI Number RFI-ILAB-23-01 in the subject

1 Decent work, as embodied in the four pillars of the ILO’s Decent Work Agenda, is the convergence of job creation, rights at work, social protection, and social dialogue. See: Decent work (ilo.org).

http://www.beta.sam.gov/ http://www.grants.gov/ mailto:tuch.evan@dol.gov mailto:Peltzer.Angela.K@dol.gov https://www.ilo.org/global/topics/decent-work/lang--en/index.htm line. All inquiries concerning this RFI must be directed only to the email addresses identified above.

Thank you for your interest in ILAB programs and we look forward to your comments.

Sincerely, Evan Tuch

Request for Information (RFI)

ISSUANCE DATE: May 25, 2023

CLOSING DATE: July 10, 2023 at 11:59PM EDT

SUBJECT: Request for Information (RFI) – Ensuring access to decent work for persons with disabilities.

BACKGROUND

The Convention on the Rights of Persons with Disabilities (CRPD), the International Labor Organization (ILO) decent work agenda, and the Americans with Disabilities Act (ADA) provide the frameworks for decent work and disability rights in the labor and employment sphere. Decent work is defined by the ILO as: “productive work in which rights are protected, which generates an adequate income, with adequate social protection.1F

2 According to the ADA, the term “disability” means, with respect to an individual—(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. 2F

3 Article 27 of

2 Arthur O’Reilly and International Labour Office, “The Right to Decent Work of Persons with Disabilities,” The Right to Decent Work of Persons With Disabilities, January 1, 2007, https://www.ecommons.cornell.edu/handle/1813/76434.

3 Fact Sheet: Disability Discrimination | U.S. Equal Employment Opportunity Commission (eeoc.gov) the CRPD calls on state parties to recognize the right of persons with disabilities to work.3F

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It is estimated that 15 percent of the world’s population have a disability.5F

6 This includes persons that have physical (e.g., limbs, neurological, or spinal cord injuries), sensory (e.g., deafness, blindness), intellectual or developmental (e.g., autism or cerebral palsy) and acquired disabilities – such as disabilities resulting from an injury or accident, and/or mental health disabilities.6F

7 In addition, this includes persons with apparent disabilities (disabilities that are immediately visible such as paralysis, cerebral palsy and muscular dystrophy) and non-apparent disabilities (disabilities that are not immediately visible such as certain mental health conditions like schizophrenia and bipolar disorder or auto-immune disorders such as Celiac disease).

Access to education, skills development and decent work for persons with disabilities is routinely denied, often due to systemic barriers, including societal biases, discrimination, and inaccessible transportation, built environments, and technology. Globally, in comparison to individuals without disabilities, persons with disabilities have higher rates of unemployment and economic inactivity and lack adequate social protection as a safety net from poverty. In addition, workers with disabilities are more likely to occupy jobs with low pay, a lack of career advancement, poor working conditions and limited or no health and pension

4 Arthur O'Reilly, “The Right to Decent Work of Persons with Disabilities” (International Labor Organization , 2007), https://ecommons.cornell.edu/bitstream/handle/1813/76434/177___RTDW_Web_FINAL_6_11_07.pdf?sequence =1.

5 “Convention on the Rights of Persons with Disabilities,” United Nations Human Rights Office of the High Commissioner , December 13, 2006, https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities. See also Article 27 – Work and employment | United Nations Enable 6 “New ILO Database Highlights Labour Market Challenges of Persons with Disabilities.” ILOSTAT, June 13, 2022. Accessed January 23, 2023. https://ilostat.ilo.org/new-ilo-database-highlights-labour-market-challenges-of-persons-with-disabilities/.

7 Under the Americans with Disabilities Act, the term “disability” means, with respect to an individual—

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment (as described in paragraph (3)).

See: Americans with Disabilities Act of 1990, As Amended | ADA.gov benefits.7F

8 Challenges experienced by women with disabilities are significantly greater due to exclusion based on gender and disability. Women with disabilities encounter numerous inequalities in the workplace, negatively affecting hiring, salary, promotions, and career advancement opportunities. Women and girls with disabilities are especially susceptible to abuse. Children with disabilities are among the most vulnerable, experiencing stigma and discrimination and are frequently denied access to education and excluded from being active members of their communities.8F

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10 Indigenous children with disabilities, girls with disabilities and children with psychosocial and intellectual disabilities are especially vulnerable as they are more likely to be excluded from society than other children with disabilities.10F

11 In addition, children with disabilities who are institutionalized, in particular, are at significant risk of violence, abuse and neglect.11F

12 In comparison to children without disabilities, evidence suggests that children with disabilities are more likely to live on the street, leaving them highly susceptible to violence, assault, victimization, child labor and trafficking. 12F

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14 These children are less likely to be enrolled in school and receive support from child protection organizations.

Furthermore, children with disabilities are often disproportionately involved in

8 https://www.il Facts on Disability in the World of Work,” ILO, accessed February 21, 2023, https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_087707.pdf.

9 Thota, Anil; Mogo, Ebele; Igbelina, Dominic; Sheaf, Greg; Mustafa, Rahma; Bakrania, Shivit; Vásquez Encalada, Alberto; Wood, Gavin (2022). Inclusion Matters: Inclusive Interventions for Children with Disabilities – An evidence and gap map from low- and middle-income countries, Innocenti Research Report, UNICEF Office of Research - Innocenti, Florence 10 S.4982 - International Children with Disabilities Protection Act of 2022; 117th Congress (2021-2022)

11 S.4982 - International Children with Disabilities Protection Act of 2022; 117th Congress (2021-2022) 12 “UNICEF Fact Sheet Children with Disabilities” (UNICEF, August 2022), https://www.unicef.org/media/128976/file/UNICEF%20Fact%20Sheet%20:%20Children%20with%20Disabilities.pd f.

13 “UNICEF Fact Sheet Children with Disabilities” (UNICEF, August 2022), https://www.unicef.org/media/128976/file/UNICEF%20Fact%20Sheet%20:%20Children%20with%20Disabilities.pd f.

14 Seen, Counted, Included: Using Data to Shed Light on the Well-Being of Children with Disabilities,” UNICEF , December 2, 2022, https://data.unicef.org/resources/children-with-disabilities-report-2021/.

street work, including forced begging through exploitation by parents, other family members and others based on the belief the child will garner sympathy.14F

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The COVID-19 pandemic has worsened existing inequalities and magnified challenges experienced by persons with disabilities, which is attributed to weakened support systems and diminished access to social protection and social services. Furthermore, the emphasis placed on remote learning has caused additional difficulties with respect to accessibility, including the high costs of electronic devices or lack of necessary accommodations. In addition to the pandemic, climate change and political instability disproportionately impacts persons with disabilities.

Labor rights and disability inclusion are foundational for advancing economic empowerment and security for persons with disabilities. Economic empowerment refers to the opportunity of persons with disabilities: to earn a living to sustain themselves, including participation in decent employment, which reduces poverty and enhances income security.”18F

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20 Disability inclusion involves “the inclusion of people with disabilities into everyday activities and involves practices and policies

15UNICEF Regional Office for South Asia, “Child Labor and Disability: A Sector Review,” March 1, 2022, https://www.unicef.org/rosa/reports/child-labour-and-disability-sector-review.

16 UNICEF Regional Office for South Asia, “Child Labor and Disability: A Sector Review,” March 1, 2022, https://www.unicef.org/rosa/reports/child-labour-and-disability-sector-review.

17 “Seen, Counted, Included: Using Data to Shed Light on the Well-Being of Children with Disabilities,” UNICEF , December 2, 2022, https://data.unicef.org/resources/children-with-disabilities-report-2021/.

18 UNICEF Regional Office for South Asia, “Child Labor and Disability: A Sector Review,” March 1, 2022, https://www.unicef.org/rosa/reports/child-labour-and-disability-sector-review.

19 “Economic Empowerment through Inclusive Social Protection and Poverty Reduction Strategies.” United Nations.” Conference of States Parties to the Convention on the Rights of Persons with Disabilities Sixth session.

Accessed March 1, 2023.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.un.org%2Fdisabilities%2Fdocuments% 2FCOP%2Fcrpd_csp_2013_2.doc%23%3A~%3Atext%3DThe%2520economic%2520empowerment%2520of%2520p ersons%2520with%2520disabilities%2520can%2520be%2520achieved%2Cintegration%2520of%2520persons%252 0with%2520disabilities.&wdOrigin=BROWSELINK 20 Anwuli Irene Ofuani, “The Right to Economic Empowerment of Persons with Disabilities in Nigeria: How Enabled?,” Scielo (African Human Rights Law Journal ), accessed March 1, 2023, http://www.scielo.org.za/pdf/ahrlj/v11n2/15.pdf.

designed to identify and remove barriers such as physical, communication, and attitudinal, that hamper individuals’ ability to have full participation in society.”20F

The objective of this RFI is to inform ILAB’s future programming on the relationship between disability rights and access to decent work, which includes access to quality and inclusive education and skills development. The RFI will be used to identify research gaps, promising approaches, practices, and policies that reduce discrimination and barriers that hinder equitable access to education, employment, and social protection services. ILAB seeks input, advice, knowledge, recommendations, and promising practices from a broader audience that is experienced in strengthening engagement for disabled persons, including disabled workers, and supporting disability inclusion and economic empowerment as potential strategies and remedies.

INSTRUCTIONS:

ILAB seeks to collect feedback related to disability rights and decent work. When preparing your response, please:

• Send responses to this RFI to Evan Tuch at tuch.evan@dol.gov and Angela Peltzer at Peltzer.Angela.K@dol.gov no later than July 10, 2023 at 11:59PM

EDT;

• Include RFI Number RFI-ILAB-23-01 in the subject line;

• Include name and/or organization name;

• Include organization type (e.g., non-profit organizations (including faith-based and community-based organizations), for-profit organizations, public and private academic institutions of higher education, and public international organizations);

• Do not submit requests for funding or proposals in response to this request;

• Be concise and specific;

• Identify any information that is considered sensitive or proprietary.

GUIDING QUESTIONS

21 “Disability and Health Inclusion Strategies,” Centers for Disease Control and Prevention (Centers for Disease Control and Prevention, September 15, 2020), https://www.cdc.gov/ncbddd/disabilityandhealth/disability-strategies.html.

mailto:tuch.evan@dol.gov

Respondents may provide any information or experiences that they feel is relevant to disability rights and decent work. Below are questions that may guide the development of a response. Respondents may refer to any, all or none of these questions in their responses, however, the guide questions relate to matters of particular interest to ILAB. Particularly relevant for the purposes of the RFI is information in the developing country context on promoting the labor rights of persons with disabilities and their access to education, training, and decent work.

Understanding the Context

• What evidence is there to support a linkage between disability and labor exploitation (child labor, forced labor and other forms of exploitative labor) in specific countries, sectors, and supply chains? Does having a disability in the household have an impact on family members, particularly children, in relation to labor exploitation? If so, how? Is the institutionalization of persons with disabilities a factor that should be considered in relation to labor exploitation? If so, why?

• Do discrimination, labor exploitation, and access to education, training and employment differ based on the type of disability (physical, sensory, intellectual, or developmental; apparent and non-apparent). If so, how?

• How are persons with disabilities affected by multiple, intersecting forms of discrimination, including based on race, age, gender identity, and sexual orientation?

• How does having disability affect a worker’s ability to join a trade union?

How have trade unions promoted equal employment opportunities for persons with disabilities?

• In which countries, sectors, and supply chains are workers most vulnerable to acquiring disabilities? Do gender, ethnicity, and discrimination against persons with disabilities affect workers' risk of workplace injury? If so, how?

• What legislation/policies are most important to prevent and address discrimination and exclusion of persons with disabilities, including from discrimination in educational and employment settings? What legislation and other measures are needed to protect and advance education and training access for persons with disabilities and access to social protection and decent work opportunities?

• How could course material provided in schools and vocational training facilities be more accessible and accommodate different types of disabilities?

Promising Practices

• What are some good examples of national policies on disability that address risk factors that make disabled persons (especially women, girls and children and those with intellectual or developmental disabilities) vulnerable to child labor/forced labor/labor exploitation?

• What are examples of effective strategies from civil society, unions, businesses, and governments that reduce barriers and enhance access to education, skills development, and employment for individuals with disabilities and meet the needs of different disability types (e.g., physical, sensory and intellectual or developmental; apparent and non-apparent)?

• What are effective ways to engage persons with disabilities and disabled workers (including those that are most vulnerable, such as women, girls, children and those with intellectual or developmental disabilities) in the design, implementation, and monitoring of efforts that address discrimination, exclusion and labor exploitation experienced by disabled persons?

• What are some good practices that improve working conditions for disabled workers?

Opportunities

• Where are the biggest opportunities to invest in strategies on disability that can also help improve labor rights internationally?

• How might we reduce obstacles to decent work for disabled workers and how can their inclusion improve their working conditions internationally?

• What role might DOL play to positively impact the wellbeing of persons with disabilities and disabled workers internationally?

• What other questions should we be asking?

Responses to this RFI should be sent by email to Evan Tuch at tuch.evan@dol.gov with a copy to Angela Peltzer at Peltzer.Angela.K@dol.gov no later than July 10, 2023 at 11:59PM EDT. Please include RFI Number RFI-ILAB-23-01 in the subject line.

mailto:tuch.evan@dol.gov

All inquiries concerning this RFI must be directed only to the email addresses identified above.