How can organisations promote persons with disabilities equitably in light of the Supreme Court's concern over systemic discrimination?

On September 12, 2025, the Supreme Court of India expressed serious concerns about the systemic discrimination faced by persons with disabilities (PwDs) in employment, particularly in reserved positions. The Court questioned why deserving candidates with disabilities, who score above the cut-off for unreserved categories, are not being promoted or given upward mobility in reserved roles as required under Section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016. The Court also ordered nationwide monitoring of state-run care institutions for persons with cognitive disabilities under a program named "Project Ability Empowerment", to be conducted by eight National Law Universities.

This judgment validates the deeply felt but rarely addressed injustices faced by employed PwDs, such as denial of promotion and being overlooked despite outperforming peers. For HR practitioners, this is a call to review internal metrics: who gets promoted, who is favoured, and the fairness in appraisal.

Under the RPwD Act, 2016, Section 34 mandates reservation in employment and upward movement for PwDs. HR teams are now required to review promotion policies, ensure performance criteria do not indirectly discriminate, and build transparent promotion ladders. Employers should also audit care institutions, implement monitoring, and publish data on reserved vs unreserved mobility. Penalties under RPwD for non-compliance could follow.

What is one change your organisation can make to promote PwDs equitably? How should HR measure merit in ways that avoid disability bias?

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.