Why Business Inclusion: Why is it Important for Your Company?

Inclusion is the practice of providing equal opportunities for access to education, resources, jobs, and services to all people regardless of race, disability, gender, sex, age, religion, social status, and cultural differences.

Business inclusion in Ukraine is not just a social initiative of a conscious entrepreneur, which creates a better reputation for him, but also a duty prescribed in the legislation, the failure to fulfill which is followed by administrative or even criminal liability. You can learn how to implement inclusive practices at a consultation on business inclusion at the law firm “DE-JURE”.

What is inclusiveness in business?

For modern business, inclusion is not an exception, but a new standard. It is important to understand: it is not limited only to working with people with disabilities. Inclusion is a broader concept that involves creating an environment where all people – regardless of age, gender, ethnic origin, religion, sexual orientation, gender identity, social status and disability – have equal access to opportunities, resources and participation in public life, education, work, business, etc.

How does inclusion affect business and its reputation?

The legislation of Ukraine, as well as international treaties that our state has ratified, oblige employers to ensure equal rights and opportunities for everyone, including people with disabilities. This means not only the absence of discrimination, but also the creation of specific conditions – physical, informational, organizational, taking into account various types of inclusion. For example, planning a space that ensures the convenience of movement of a person in a wheelchair, duplicating signs in Braille, etc.

World practice confirms: a business that respects human dignity has a greater credit of trust in society. And in our time, when reputation is currency, this takes on special importance.

Inclusive capitalism is about flexibility, adaptation and long-term efficiency. By creating a barrier-free environment, a company expands the range of potential employees and customers, reduces staff turnover, and forms a positive corporate culture.

What are the economic benefits of inclusive business?

Inclusive business is not only about caring for people with different needs, but also a number of economic benefits. Companies that adhere to the principles of inclusiveness get on investors’ “white lists”, have better chances of winning tenders and government programs, and find partners more easily.

What legal requirements for inclusion exist in Ukraine?

When hiring a person with a disability, you can rely on the Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine”. Requirements for creating an inclusive environment are set out in the following documents:

• The Convention on the Rights of Persons with Disabilities is an international document ratified by Ukraine. It establishes the rights of people with disabilities and obliges signatory states to respect these rights;
• State building standards, in particular DBN V.2.2-40:2018, which stipulates requirements for buildings and structures that provide barrier-free access for people with disabilities. It is mandatory for structures built after 2021;
• The Law of Ukraine “On Amendments to the Law of Ukraine “On Regulation of Urban Planning Activities” regarding strengthening the protection of persons with disabilities and other low-mobility population groups when carrying out urban planning activities” is aimed at complying with the conditions of inclusion in the urban environment and strengthening responsibility for their non-compliance.

You can learn more about the legislative framework and requirements for inclusive programs by consulting a lawyer.

What is the liability for violation of inclusive norms?

Failure to fulfill obligations regarding employment and accessibility, which are prescribed in the legislation, may result in administrative or criminal liability. In particular, the following types of punishment are possible for violation of inclusiveness requirements:

1. Fines and sanctions. Fines are provided for violation of the rights of persons with disabilities, minors, and women at work, which may be imposed on the employer by the relevant state bodies (the list of fines is specified in Article 265 of the Labor Code).
2. Compensation for damage. The employer may be obliged to compensate the employee for material and moral damage for violation of labor rights.
3. Liability for discrimination. In the event of proving discriminatory actions against employees with disabilities, the employer is liable for violation of laws on the protection of the rights of such persons. You cannot refuse to hire an employee if the employee does not meet your vision. For example, an employer is looking for a young salesperson, and an older woman is applying for the position. If you tell the candidate that you need a young man, this may be considered discrimination. Therefore, in this case, it is more appropriate to refuse without explaining the reasons.

However, there are resources that can help adhere to the principles of inclusion: state support programs, consultations with specialized non-profit public organizations (NGOs), national and international recommendations.

How to ensure inclusiveness in the service sector?

Inclusiveness in the service sector is not only a matter of access and accessibility, but also one of the key principles of modern business. Ukrainian legislation requires entrepreneurs to provide equal service conditions for all categories of customers, including people with disabilities, pregnant women, the elderly and parents with children. More and more companies are implementing practical solutions to create a barrier-free environment, because it is not only about compliance with regulations, but also about humanity, consumer loyalty and reputation. For example, you can train staff in inclusive communication, duplicate signs in Braille or arrange workplaces and flexible schedules for employees with disabilities.

What engineering solutions may be necessary for inclusion?

Engineering solutions for an inclusive project are provided for in the technical terms of reference for design and require consultation with accessibility specialists. Inclusive engineering solutions include:

• construction or installation of ramps, lifts, elevators – in the absence of access at the entrance level;
• reconstruction of bathrooms – widening doorways, installing handrails, washbasins at an appropriate height convenient for a person in a wheelchair;
• redevelopment of retail/office areas – to provide maneuvering space for wheelchairs;
• installation of guiding elements, tactile tiles – for people with visual impairments;
• updating signage and navigation information – with high-contrast font, Braille.

Since 2021, a new principle has been in effect in Ukraine: in the event of major renovation or reconstruction of a building, inclusion is a mandatory condition.

How is compliance with inclusion standards checked?

In Ukraine, compliance with inclusion standards is checked by state and local authorities, depending on the business sector and the type of facility. The main control body when it comes to workplace accessibility, working conditions, and compliance with the rights of employees with disabilities is the State Labor Service of Ukraine (SLS). Inspectors of the SLS can check whether working conditions meet the requirements of safety and accessibility, the availability of adapted workplaces, and compliance with quotas for the employment of persons with disabilities. Inspections can be both scheduled (in accordance with an approved order of the SLS) and unscheduled, if there are grounds (for example, in the event of an accident at work, an employee’s appeal, etc.). The inspection procedure is regulated, in particular, by the Law of Ukraine “On the Basic Principles of State Supervision (Control) in the Sphere of Economic Activity”, the Labor Code of Ukraine, and other acts. The grounds for inspections are established by the Resolution of the Cabinet of Ministers of Ukraine No. 823 of August 21, 2019. During the inspection, it is necessary to require the presentation of a referral for inspection, check the inspector’s certificate, record the actions of the inspectors, do not obstruct the inspection, but also do not provide unnecessary explanations. It is recommended to involve a lawyer to accompany the inspection.

If it comes to control within the framework of construction, operational and architectural standards, local governments have the authority to carry out inspections. For example, the departments of architecture and urban planning or the improvement inspection have the authority to inspect public facilities for compliance with state construction standards (DBN V.2.2-40:2018), the presence of elevators, ramps and adapted bathrooms. If an entrepreneur plans to carry out reconstruction or installs equipment, it is local governments that check the legality of actions and compliance with legislation.

In addition, in the event of a fire or other emergency, the State Emergency Service may conduct an inspection in the context of the safe evacuation of people with disabilities.

If consumers and human rights organizations have filed a complaint against the enterprise, inspections may be initiated jointly with other supervisory authorities – for example, the Verkhovna Rada Commissioner for Human Rights.

What documents confirm compliance with inclusiveness in business?

In the event of a business audit, it is necessary to have legal confirmation of compliance with inclusiveness standards. Documents confirming adherence to the principles of inclusion are as follows:

1. Project documentation that has passed the examination, with a mark of compliance with the DBN for barrier-free access (primarily DBN V.2.2-40:2018). The specified examination is carried out before the start of construction work.
2. Acts of commissioning of the facility, which indicate the compliance of architectural and planning decisions with accessibility standards. These acts, approvals, etc. are a decision of the urban planning regulatory body, which establishes that the facility complies with state building standards and legislative requirements, and can continue to be operated for its intended purpose.
3. Job instructions and internal regulations of the enterprise, confirming the inclusion policy (for example, an equal opportunities policy, instructions for adapting employees with disabilities).
4. Contracts for the provision of sign language interpreter services, support, etc., if any.
5. Occupational safety documents that take into account the specifics of persons with disabilities or other groups with limited mobility. In particular, documents certifying the completion of trainings, seminars and other educational programs.
6. Reports to the Fund for Social Protection of Persons with Disabilities on the implementation of the employment standard.

In the event of an audit, all these documents are an important part of confirming the integrity of the business.

What are voluntary inclusion certificates and why are they important?

In addition to the required documents listed in the previous section, voluntary certificates help to confirm your reputation as an inclusive business. They demonstrate the business’s willingness to be more accessible and open. The most common inclusion certificates are the following:

• certificates of compliance with ISO standards, in particular ISO 45001 — occupational health and safety management system, and ISO 26000 — social responsibility (contains separate sections on human rights and equality);
• certification under national accessibility programs, in particular within the framework of the implementation of the National Accessibility Strategy approved by the Cabinet of Ministers;
• “Dostupno.UA” certificates, which are issued after an independent audit of the accessibility of public spaces (Civil organization “Dostupno.UA”).

The presence of such certificates not only strengthens the reputation, but can also be an additional argument during inspections, confirming a systematic approach to inclusivity.

How to plan for the implementation of inclusion in business?

Building an inclusive society is a long-term process, and it is the social and legal duty of business to contribute to solving inclusion problems. So, the algorithm of actions when planning and implementing inclusion in business includes the following steps:

1. Audit. First, you should assess where the company is currently in terms of inclusion. Conduct an internal audit: analyze the accessibility of physical space, digital resources, hiring policies, attitudes towards diversity. It is worth involving both the internal team and external experts or representatives of public organizations in this process.
2. Planning. Based on the results of the audit, create an action plan: what needs to be changed, how to do it, who is responsible. Determine priorities – for example, first ensure the accessibility of premises, and then adapt HR or communication policies. Determine the budget and assess the justification for investing in those inclusion improvements that are not mandatory by law.
3. Implementation. Start implementing changes gradually. For example, install ramps and navigation signs, translate the website into sign language, or add subtitles to videos. Change the candidate selection process to be more open and barrier-free.
4. Control. Create a system for monitoring results: regular reports, feedback from employees and customers, correction of actions.

Inclusion is a process that requires constant attention and improvement. You can change the situation gradually: by updating information materials, training staff, and, if necessary, by reconstructing the space.

What adaptations are needed for different types of businesses?

Now that we have considered the algorithm of actions, it is time to look at practical examples from different types of entrepreneurial activity. The formation of an inclusive person who perceives all people as equals begins with inclusive education. It involves drawing up an individual lesson plan and providing special conditions and space for a person with special educational needs in a shared environment.

An inclusive office space means, first of all, architectural accessibility (elevators, toilets, convenient entrances) and flexible working conditions. For example, employees with autism spectrum disorders can be in quiet areas or work remotely.

The online platform (website and mobile application) must comply with the principles of digital accessibility (WCAG): adapt to screen readers, have a contrasting interface, accessible navigation, alternative text for images. It is also worth taking care of the accessibility of content for people with cognitive disabilities and make it clear, simple and predictable.

For production, adaptation of workplaces, training of craftsmen to work with different groups, flexible schedules or the possibility of distributing responsibilities are relevant. All this will help to integrate employees with different needs without losing efficiency.

If we are talking about the retail sector, then convenient navigation, the presence of staff trained to interact with people with disabilities, Braille signs, terminals with voice guidance are important. It is also worth considering inclusive language in marketing materials.

What are mandatory and recommended investments for inclusion?

In general, inclusion costs can be conditionally divided into mandatory and recommended. Mandatory investments include:

• architectural accessibility according to state building codes (ramps, door width, bathroom equipment, etc.);
• compliance with non-discrimination legislation (a business must provide services to all customers, regardless of their physical condition and cognitive abilities, and not discriminate against employees on the basis of age, gender, and other characteristics);
• basic digital accessibility (contrast, navigation, subtitles) – formally mandatory, but there is no clear responsibility for violations;
• training staff in ethical interaction with people with disabilities (from a legal point of view – rather recommended, but taking into account the impact on business processes, reputation, and customer engagement, it is more appropriate to classify it as mandatory).

Thus, the recommended investments include:

• Adapting branding and communications to the principles of inclusion;
• Implementing mental health programs (e.g., creating a separate area for employees to relax, providing free visits to a psychologist);
• Creating an inclusive product (e.g., clothing without gender markers or furniture that is convenient for the elderly).

It is not necessary to implement all inclusive measures at once. It is enough to start with the most important ones, gradually increasing the level of involvement.