Written by Paul Davidson – Consultant, Tomowork | Senior Lecturer, Temasek Polytechnic | Advocate for Disability Inclusion.
This article will examine the shortcomings of the legal and business cases and explain how choosing the social justice case can benefit your company.
Part 1 of a series – Inclusion That Lasts: A strategic look at workplace culture for effective disability inclusion
TL;DR
- DEI programmes are being scaled back globally.
- Some firms claim they’ll still value diversity without formal DEI structures.
- This shift highlights the need for a deeper, principle-based approach to inclusion.
The Legal Case
- Quotas and anti-discrimination laws encourage hiring but don’t guarantee fair treatment.
- Companies that comply without commitment risk stigma, low morale, and limited advancement for PWDs.
- Legal compliance ≠ true inclusion
The Business Case
- Hiring for brand image or profit can create tokenism and job insecurity for PWDs.
- Over-reliance on financial incentives ignores systemic barriers.
- Inclusion must be purpose-driven, not convenience-driven.
The Social Justice Case
- Hiring PWDs because it’s fair and right ensures long-term commitment.
- Builds stronger, more adaptable teams with diverse perspectives.
- Embeds inclusion as a moral and cultural value, not just a metric.
Hiring Persons with Disabilities in Changing Times
The Greek philosopher Heraclitus once observed that in life, “change is the only constant.”
This maxim is as true today as it was in 500 BC. Recently, there has been a seemingly seismic change in attitudes toward diversity, equity, and inclusion (DEI) programs. In the past six months, several major corporations announced they will wind down their DEI programs, retrench DEI professionals, or reduce the budget of DEI departments.
Change is the only constant
This may seem like a move away from supporting communities that benefit from DEI policies; however, the change may not be as significant as it appears. Google, Meta, and other companies have emphasised their commitment to hiring the “best person for the job” while remaining open to recruits from diverse backgrounds and with divergent abilities.
For example, Google announced that despite the dissolution of its DEI programs, it will remain “committed to creating a workplace where all our employees can succeed and have equal opportunities.” ¹ Similarly, Meta reassured the public, stating, “We will continue to work to build an inclusive workplace where we can leverage our collective cognitive diversity to build the best products and make the best decisions for the global community we serve.” ²
While it is still too early to tell, the hiring of PWDs may not be significantly affected by the move away from institutional DEI initiatives.
Changing perceptions of DEI only highlight the need for companies to adopt a social justice approach to building an inclusive workforce where PWDs can showcase their skills and become valuable contributors to their company’s success.
Perhaps the demise of DEI infrastructure and the shift in attitudes toward DEI indicate that companies’ reasoning for hiring PWDs relied too heavily on either the legal case or the business case for doing so.
This article will examine the shortcomings of the legal and business cases and explain how choosing the social justice case can benefit your company.
The Legal Case
Governments and courts play a crucial role in ensuring companies comply with disability employment laws. Some countries, such as Japan and South Korea, have implemented hiring quotas that require businesses above a certain size to employ a specific percentage of PWDs. Failure to meet these quotas results in financial penalties. In the European Union, policies vary by country. Nations like Germany, France, and Italy enforce quotas with penalties, while others rely on incentives rather than mandates. ³
In contrast, the United States and Singapore do not have hiring quotas but enforce anti-discrimination laws. In the U.S., the American Disabilities Act (ADA) prohibits discrimination in hiring, workplace treatment, and promotion for companies with 15 or more employees. ⁴ Singapore also does not have hiring quotas but encourages disability employment through incentives like wage offsets to businesses that hire PWDs. Discrimination complaints in Singapore are typically handled through mediation rather than direct lawsuits.
While hiring quotas can increase employment opportunities for PWDs, they do not guarantee fair treatment. ⁵ Some companies only aim to meet legal requirements, but do not know how to fully integrate PWDs into the company. They often provide low pay or limited career advancement opportunities. Workplace stigma can also arise, with PWDs perceived as “diversity hires” rather than recognised for their skills and experience. This negative perception of PWDs can strain workplace relationships and undermine employee morale.
Beyond quotas, companies still face legal risks for discrimination in hiring, workplace treatment, promotions, and layoffs. In the U.S., cases typically go through the Equal Employment Opportunity Commission before reaching court, whereas in Singapore, legal action is less common due to mediation-focused policies.
While legislation aims to promote inclusivity, companies that approach compliance without genuine commitment may find themselves navigating a legal and reputation minefield. Sustainable inclusivity requires more than legal compliance, it demands a shift toward meaningful workplace integration.
Sustainable inclusivity requires more than legal compliance. It demands a shift toward meaningful workplace integration.
The Business Case
The business case asserts that hiring people with disabilities (PWDs) is good for business because PWDs possess the required skills, enhance corporate branding, and signal that the company is socially conscious.
However, when companies hire PWDs primarily to meet temporary hiring needs or to improve their brand image, it often backfires on PWD workers. When market conditions change or branding priorities shift, PWDs are often the first to be retrenched. This uncertainty can create significant stress at work and foster divisions among staff. Like the legal case, the business case can also create tensions between non-PWD and PWD employees, who think that PWDs were only employed for the optics.
An excessive focus on profitability and corporate branding can prevent companies from recognising and addressing systemic barriers that make life difficult for PWDs. Like the legal case, the business case often results in PWDs being concentrated in lower-level positions that do not align with their educational qualifications or career aspirations.
Since the business case promotes hiring PWDs only when it is convenient and profitable, it tends to treat PWDs as “a nice to have” but not necessary. This perspective ignores the company’s social and moral responsibility to implement fair hiring practices and create an inclusive environment where PWDs can succeed alongside their colleagues.
The Social Justice Case
The social justice case for hiring PWDs is by far the strongest because an organisation does not just hire to fill positions, rather these companies are committed to providing equal opportunities for all.
Unlike the business case, which depends on financial incentives, or the legal case, which is based on compliance, the social justice case recognises that talented individuals should not be excluded from obtaining gainful employment due to outdated systems, biases, or accessibility barriers. Since the company decides to make social justice their corporate mission, changes in legal requirement or market fluctuations will not affect their commitment to hiring PWDs.
When a company decides to make social justice their corporate mission, changes in legal requirement or market fluctuations will not affect their commitment to hiring PWDs.
Organisations that embrace social justice in their hiring practices create stronger teams, better decision-making, and a fairer economy. ⁶ When companies hire people from different backgrounds, including those with disabilities, they gain new perspectives, problem-solving approaches, and adaptive thinking, all of which makes the company resilient. PWDs bring valuable skills such as, creativity, adaptability, focus and perseverance, qualities that are critical in today’s dynamic work environment.
Similarly, organisations can safeguard themselves against legal challenges while building a workforce that reflects and adapts to the needs of an increasingly diverse economy.
Creating disability inclusion in the workplace takes more than good intentions. As the three cases show, lasting inclusion stems from a deeper understanding of what drives meaningful change—where accessibility, culture, and purpose come together.
In the next article of our Inclusion That Lasts series, we’ll take a closer look at the key components that help inclusion take root and endure—from leadership commitment to organisational practices that sustain progress over time.
Sources
¹ How Trump’s anti-DEI efforts could hinder lifesaving technology research. (2025, February 5). [Video]. NBC News. https://www.nbcnews.com/tech/tech-news/google-rolls-back-dei-efforts-hiring-goals-rcna190902
² Dave, P., & Elliott, V. (2025, January 30). Meta is dismantling DEI programs but tells investors it still wants ‘Cognitive diversity.’ WIRED. https://www.wired.com/story/meta-2024-earnings-dei-trump/
³ Contributor. (2025, January 23). Quotas for employing people with disabilities in a range of countries – Ius Laboris. Ius Laboris. https://iuslaboris.com/insights/quotas-for-employing-people-with-disabilities-in-thirteen-countries/
⁴ The ADA: your responsibilities as an employer. (n.d.). US EEOC. https://www.eeoc.gov/publications/ada-your-responsibilities-employer
⁵ Lam, N. (2024, May 6). The Big Read: Inclusive hiring still a work in progress, despite strides made for people with disabilities. CNA. https://www.channelnewsasia.com/today/big-read/people-disabilities-employment-workplace-inclusivity-internships-sg-enable-4313036
⁶ Shaw Trust (2024, August 30). The benefits of a diverse workforce and inclusive hiring practices. Shaw Trust. https://shawtrust.org.uk/2024/08/19/the-benefits-of-a-diverse-workforce-and-inclusive-hiring-practices/
