Authored By: Cynthia Nwamaka Ibor
Ebonyi State University, Nigeria.
INTRODUCTION
Globally, the quest for inclusive societies has led to a paradigm shift in how persons with disabilities (PWDs) are perceived and integrated into mainstream society. PWDs include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full participation in society on equal basis with others.[1] The 2006 UN convention on the Rights of Persons with Disabilities (CPRD) championed the view of PWDs as individuals with rights and autonomy, rather than objects of charity, medical treatment, and social protection.[2] This milestone continues to guide disability-inclusive policies worldwide.
Nigeria has made strides in promoting disability inclusion, notably through the Discrimination against Persons with Disabilities (Prohibition) Act, 2018 (NAPDA). Despite this, progress in implementation and enforcement has been limited, particularly in the area of workplace inclusion. Consequently, the standard of living of disabled persons in Nigeria continues to deteriorate. This comparative analysis examines workplace inclusion laws in Nigeria and the United States, identifying the differences, similarities, and potential improvement. By juxtaposing the policies, this article seeks to contribute to policy reforms that promote equal opportunities and empowerment for PWDs in Nigeria.
LEGAL FRAMEWORK
United States
The Americans with Disabilities Act (ADA) is the primary federal law protecting the civil rights of PWDs in the United States. The ADA guarantees that PWDs enjoy equal opportunities as everyone else, including employment opportunities, purchasing goods and services, and participation in state and local government programs.[3]
Title I of ADA applies to employers in employment agencies, and labor unions with 15 or more employees. It mandates equal access to recruitment, hiring, promotions, training, pay, and social activities.[4] The Equal Employment Opportunities Commission (EEOC) enforces the employment rights of PWDs in America, providing guidance to employees and employers on disability rights in the workplace.[5]
The ADA defines areas where discrimination is prevalent in the workplace, such as the recruitment process, and outlines the role of employers in ensuring transparency of the process.[6] Also, it provides detailed guidelines on how employers can provide reasonable accommodations, including workplace accessibility, provision of assistive devices, job restructuring, and adjusted work schedules for PWDs.[7]
Nigeria
The Discrimination against Persons with Disabilities (Prohibition) Act, 2018, (DAPDA) serves as Nigeria’s legal framework for integrating PWDs into society. It established the National Commission for Persons with Disabilities (NCPD) to enforce its provisions and promote the rights of PWDs in education, healthcare, social services, and employment.
Part VI of the act, guarantees PWDs equal right to work, and opportunities for employment, requiring open labor markets and supportive work environments. [8] Part II mandates general accessibility in public buildings, requiring features such as ramps, rails and lifts. However, the Act lacks detailed guidance on reasonable accommodations, leaving employers with limited understanding of their specific obligations to support PWDs in the workplace.
COMPARATIVE ANALYSIS
Legal framework
Both Nigeria and the U.S have established laws protecting the rights of PWDS; The DAPDA and the ADA which cover employment, education, and public services. However, an examination of the two acts reveals significant differences in their provisions. The ADA offers far more detailed provisions, explicitly defining discrimination, outlining employer responsibilities, and mandating reasonable accommodations. For example, section 12112 of the ADA lists discriminatory practices such as limiting or segregating employees based on disability, using discriminatory criteria, or denying benefits to qualified individuals.
In contrast, Section 28(1) of Nigeria’s DAPDA simply states that PWDs have the right to work on an equal basis, without elaborating on how employers should fulfill this obligation. This lack of specificity makes enforcement and compliance challenging in Nigeria.
Implementation And Enforcement
In the U.S, the EEOC play a central role in issuing, enforcing and providing technical assistance on the ADA employment regulations.[9] Its clear mandate allows for focused attention on employment discrimination cases, ensuring PWDS have a robust mechanism to seek redress. Complaints must be filed with the EEOC before legal action can proceed,[10] reinforcing its gatekeeping and enforcement role. An instance is the Walmart case[11], where EEOC on the receipt of a complaint from an employee with down-syndrome, accused Walmart of failing to provide necessary accommodations after changing the employee’s schedule, which led to her termination. The jury awarded damages to the employee after determining Walmart discriminated against her.
In Nigeria, the DAPD makes it a crime punishable by fine to discriminate against persons with disabilities in the workplace. It imposes individual and corporate fines for the violations of the provisions.[12] The NCPD is the body in charge of enforcing compliance to this provision, and they have initiated programs such as securing 3000 empowerment slots for PWDs in 2024[13] and launching the National Access to Work Scheme in 2025.[14] Despite these efforts, enforcement remains weak. A World Bank report[15] estimates that 18 million working-age Nigerians live with disabilities, yet many face discrimination in recruitment, hiring, promotion, and benefits. Also, at the time of this research, there is no evidence of enforcement of these rights in the Nigerian law courts.
Accessibility and Inclusive Development
The ADA mandates reasonable accommodations for PWDs, including accessible facilities, assistive technologies, modified work schedules, and support services. These provisions recognize that employment equality extends beyond hiring and encompasses the work environment and access to benefits. [16]
Nigeria’s DAPDA, however, does not explicitly guarantee reasonable accommodations such as assistive devices, modified schedules, or specialized healthcare. While it calls for accessible buildings, the lack of detail on workplace accommodations limits the Act’s practical impact on PWDs’ employment experiences.
CHALLENGES AND WAY FORWARD
Advocacy
Despite legislative frameworks, both countries face challenges in disability inclusion. One of the common challenges is stigmatization and negative attitudes towards PWDs. To address this, advocacy is necessary to challenge the idea that persons with disabilities are inferior or have a poor quality of life, and encourage PWDs to participate in decision-making process affecting their lives.
Funding
Enforcement agencies like the EEOC and NCPD require stronger support and adequate funding. Nigeria, in particular, could benefit from a specialized employment-focused agency, modeled after the EEOC, to investigate workplace discrimination, receive complaints, mediate disputes, and advocate for systemic change. This agency could operate under the supervision of the NCPD but with dedicated funding and a clear employment mandate.
Legal Reform
The ambiguity in laws is another major hurdle. While the ADA offers detailed guidelines for employers, Nigeria’s DAPDA does not provide clear mandate. Nigeria needs clearer, more explicit policies tailored to the specific needs of PWDS, including mandates for reasonable accommodations, employer responsibilities, and accessible benefits.
CONCLUSION
This comparative analysis reveals that Nigeria and the United States have legal frameworks for workplace disability inclusion. However, the ADA provides a more comprehensive and detailed approach to workplace rights compared to DAPDA. The EEOC model offers a strong example of effective enforcement that Nigeria could adapt to improve compliance with DAPDA. There is also the need to streamline the existing frameworks to provide a more detailed and explicit policies for disability inclusion,
The role of advocacy in advancing this change must be emphasized, there is need for a more inclusive advocacy going forward. This inclusive advocacy would engage individuals PWDs, employers and policymakers, to gather insights for improving disability inclusion policies.
REFERENCE(S):
- Americans with Disabilities Act, 1990.
- Anyanwu S., “Executive Secretary, National Commission for Persons with Disabilities (NCPWD), Hon. Ayuba Gufwan has reeled out his vision for the Commission and Persons with Disabilities (PWDs) Community” (December 2, 2024). Available at: https://fmino.gov.ng/executive-secretary-national-commission-for-persons-with-disabilities-ncpwd-hon-ayuba-gufwan-has-reeled-out-his-vision-for-the-commission-and-persons-with-disabilities-pwds-community/ Accessed on 21st February, 2025.
- Discrimination against Persons with Disabilities (Prohibition) Act, 2018.
- S Equal Employment Commission, ‘Filing a charge of Discrimination with the EEOC’. Available at: https://www.eeoc.gov/filing-charge-discrimination Accessed on 21st February, 2025.
- S. Department of Justice Civil Rights Division, “Introduction to the Americans with Disabilities Act”. Available at: https://www.ada.gov/topics/intro-to-ada/ Accessed on 19th February, 2025.
- S. Equal Employment Opportunity Commission, “EEOC Disability-Related Resources”. Available at: https://www.eeoc.gov/eeoc-disability-related-resources Accessed on 19th February, 2025.
- United Nations, “Frequently Asked Questions Regarding the Convention on the Rights of Persons with Disabilities” <https://social.desa.un.org/issues/disability/cosp/frequently-asked-questions-regarding-the-convention-on-the-rights-of-persons/>
[1] Convention on the Rights of Persons with Disabilities, Article 1.
[2] United Nations, “Frequently Asked Questions Regarding the Convention on the Rights of Persons with Disabilities” <https://social.desa.un.org/issues/disability/cosp/frequently-asked-questions-regarding-the-convention-on-the-rights-of-persons/>
[3] U.S. Department of Justice Civil Rights Division, “Introduction to the Americans with Disabilities Act”. Available at: https://www.ada.gov/topics/intro-to-ada/ Accessed on 19th February, 2025.
[4] Ibid
[5] U.S. Equal Employment Opportunity Commission, “EEOC Disability-Related Resources”. Available at: https://www.eeoc.gov/eeoc-disability-related-resources Accessed on 19th February, 2025.
[6] Americans with Disabilities Act, 1990. Subchapter 1, section 12112.
[7] Ibid.
[8] Discrimination against Persons with Disabilities Act, 2018, section 28(1).
[9]Americans with Disabilities Act, 1990, section 12117 (a) (b)
[10] U.S Equal Employment Commission, ‘Filing a charge of Discrimination with the EEOC’. Available at: https://www.eeoc.gov/filing-charge-discrimination Accessed on 21st February, 2025.
[11] Equal Employment Opportunity commission v. Wal-Mart Stores East, L.P., [2024] No. 22-3202 (7th circuit)
[12] Discrimination against Persons with Disabilities Act, 1990, section 28 (3).
[13] S. Anyanwu, “Executive Secretary, National Commission for Persons with Disabilities (NCPWD), Hon. Ayuba Gufwan has reeled out his vision for the Commission and Persons with Disabilities (PWDs) Community” (December 2, 2024). Available at: https://fmino.gov.ng/executive-secretary-national-commission-for-persons-with-disabilities-ncpwd-hon-ayuba-gufwan-has-reeled-out-his-vision-for-the-commission-and-persons-with-disabilities-pwds-community/ Accessed on 21st February, 2025.
[14] https://www.linkedin.com/posts/national-commission-for-persons-with-disabilities_ncpwd-launches-national-acccess-to-work-scheme-activity-72910382506149441-Ik49…..
[15] Ibid.
[16] Americans with Disabilities Act, 1990, section 12111 (9)
