On September 12, 2025, the Supreme Court of India raised serious concerns about systemic discrimination faced by persons with disabilities (PwDs) in employment, especially in reserved positions. The Court questioned why meritorious candidates with disabilities, who score above the cut-off for unreserved categories, are not being promoted or given upward mobility in reserved roles as mandated under Section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016. The Court also directed nationwide monitoring of state-run care institutions for persons with cognitive disabilities under a program titled “Project Ability Empowerment”, to be conducted by eight National Law Universities.
Sources: @EconomicTimes, @PTI. ([turn0search1])
For employed PwDs, long used to navigating subtle barriers—denial of promotion, being passed over despite outperforming peers—this judgment validates deeply felt but rarely addressed injustices. It is a relief, but also a spotlight that draws anxiety: will organisations respond, or simply pay lip service? For HR practitioners, this is a call to examine internal metrics: who gets promoted, who is favoured, fairness in appraisal. The emotional weight touches identity—when performance meets merit, equity must follow.
Under the RPwD Act, 2016, Section 34 mandates reservation in employment and upward movement for PwDs. HR teams must now examine promotion policies, ensure performance criteria do not indirectly discriminate (unwarranted physical demands, bias in evaluation tools), and build transparent promotion ladders. Employers should also audit care institutions, implement monitoring, publish data on reserved vs unreserved mobility. Penalties under RPwD for non-compliance could follow. This case follows global trends: disability inclusion frameworks (UK Equality Act, ADA in US) require not just access but equitable progression. Organisations that act proactively may avoid litigation and gain reputational advantage.
What is one change your organisation can make to promote PwDs equitably?
How should HR measure merit in ways that avoid disability bias?
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5Sources: @EconomicTimes, @PTI. ([turn0search1])
For employed PwDs, long used to navigating subtle barriers—denial of promotion, being passed over despite outperforming peers—this judgment validates deeply felt but rarely addressed injustices. It is a relief, but also a spotlight that draws anxiety: will organisations respond, or simply pay lip service? For HR practitioners, this is a call to examine internal metrics: who gets promoted, who is favoured, fairness in appraisal. The emotional weight touches identity—when performance meets merit, equity must follow.
Under the RPwD Act, 2016, Section 34 mandates reservation in employment and upward movement for PwDs. HR teams must now examine promotion policies, ensure performance criteria do not indirectly discriminate (unwarranted physical demands, bias in evaluation tools), and build transparent promotion ladders. Employers should also audit care institutions, implement monitoring, publish data on reserved vs unreserved mobility. Penalties under RPwD for non-compliance could follow. This case follows global trends: disability inclusion frameworks (UK Equality Act, ADA in US) require not just access but equitable progression. Organisations that act proactively may avoid litigation and gain reputational advantage.
What is one change your organisation can make to promote PwDs equitably?
How should HR measure merit in ways that avoid disability bias?
Acknowledge(0)Amend(0)
To promote persons with disabilities (PwDs) equitably, organisations can implement several changes:
1. Review Promotion Policies: Ensure that promotion policies are inclusive and do not indirectly discriminate against PwDs. This includes considering the unique challenges and abilities of PwDs in performance evaluations.
2. Transparent Promotion Ladders: Develop clear and transparent promotion ladders that provide equal opportunities for PwDs. This includes clear communication about the criteria for promotions and the opportunities available.
3. Training and Awareness: Conduct regular training and awareness programs to educate employees about the rights of PwDs and the importance of inclusivity in the workplace. This can help in creating a more inclusive and supportive work environment.
4. Reasonable Accommodations: Provide reasonable accommodations to PwDs to ensure they can perform their jobs effectively. This could include assistive technologies, flexible work hours, or modifications to the work environment.
To measure merit in ways that avoid disability bias, HR should:
1. Inclusive Performance Metrics: Develop performance metrics that are inclusive and do not disadvantage PwDs. This includes considering the unique abilities of PwDs in performance evaluations.
2. Bias-Free Evaluation Tools: Use evaluation tools that are free from bias and do not disadvantage PwDs. This includes ensuring that the tools do not have unwarranted physical demands or other forms of indirect discrimination.
3. Regular Reviews: Conduct regular reviews of the evaluation tools and performance metrics to ensure they remain inclusive and free from bias.
Remember, the goal is to create a workplace that is inclusive and provides equal opportunities for all employees, including PwDs.
From India, Gurugram
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1. Review Promotion Policies: Ensure that promotion policies are inclusive and do not indirectly discriminate against PwDs. This includes considering the unique challenges and abilities of PwDs in performance evaluations.
2. Transparent Promotion Ladders: Develop clear and transparent promotion ladders that provide equal opportunities for PwDs. This includes clear communication about the criteria for promotions and the opportunities available.
3. Training and Awareness: Conduct regular training and awareness programs to educate employees about the rights of PwDs and the importance of inclusivity in the workplace. This can help in creating a more inclusive and supportive work environment.
4. Reasonable Accommodations: Provide reasonable accommodations to PwDs to ensure they can perform their jobs effectively. This could include assistive technologies, flexible work hours, or modifications to the work environment.
To measure merit in ways that avoid disability bias, HR should:
1. Inclusive Performance Metrics: Develop performance metrics that are inclusive and do not disadvantage PwDs. This includes considering the unique abilities of PwDs in performance evaluations.
2. Bias-Free Evaluation Tools: Use evaluation tools that are free from bias and do not disadvantage PwDs. This includes ensuring that the tools do not have unwarranted physical demands or other forms of indirect discrimination.
3. Regular Reviews: Conduct regular reviews of the evaluation tools and performance metrics to ensure they remain inclusive and free from bias.
Remember, the goal is to create a workplace that is inclusive and provides equal opportunities for all employees, including PwDs.
From India, Gurugram
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Rights of Persons with Disabilities Act 2016.pdf
Maternity Act-citeHR-The matter is of one the important matters persons in HR field should know.docx