Employment of persons with disabilities in labor law

Disability has been the subject of countless studies in many different disciplines. The approach of labor law on the subject is naturally oriented towards "ensuring the inclusion of persons with disabilities in employment, ensuring fair and favorable working conditions and preventing discrimination against working persons with disabilities." This is because statistics show that persons with disabilities have difficulties in both participating in employment and maintaining their jobs for a number of reasons. In line with the aim of protecting persons with disabilities in working life, various employment methods have been developed and at the same time, this protection has been tried to be reinforced with regulations that foresee non-discrimination. The most common methods are quota regimes that oblige employers to employ a certain number of people with disabilities, and sheltered employment, which provides safe and protected workspaces dedicated to people with disabilities. When it comes to the prohibition of discrimination in employment, reasonable accommodations needed by persons with disabilities in working life have come to the fore. Especially in the period before the adoption of the United Nations Convention on the Rights of Persons with Disabilities, the issue of employment of persons with disabilities has been the subject of debates for many years based on the idea that there is a significant philosophical and legal difference between the European approach, where classical methods of employment of persons with disabilities such as quotas are used, and the US approach, where these methods are not used at all and only non-discrimination regulations are used. Today, however, the view that there is no tension between these two approaches has gained weight and the classical methods of employment of persons with disabilities are still in force as a form of affirmative action in the legislation of many countries despite the heavy criticism. These methods are also supported by non-discrimination regulations to increase the employment rate. On the other hand, the debate on the sheltered employment method is still ongoing and it is claimed that these workplaces should be abolished on the grounds that they have a discriminatory nature. Of course, there are many inaccuracies in the legal regulations on employment methods that can be subject to criticism. In order for these regulations to be amended in a way to respond to criticism, it is necessary to evaluate the studies in different disciplines from a holistic perspective. Otherwise, the legal regulations will remain as mere wishful thinking.