October is National Disability Employment Awareness Month in the United States, and this year we’re featuring two series of blog posts! To kick off the month, we’ll be starting the series “Working with Disabilities” to help you learn more about life experiences for people with disabilities in all aspects of employment. The other series, “NDEAM Topics,” will feature deeper dives into frequently asked questions and trickier topics. Both series aim to provide resources for both employees and employers and raise awareness this month.
The first topic for Working with Disabilities is one that is probably top of mind for most when considering disability employment – accommodations! – and we’ll start at the 101 level.
What Does Accommodation Mean?
First, some definitions. Disability accommodation refers to many kinds of changes or adjustments made to allow an individual with a disability to perform the essential functions of their job. These accommodations can be physical, technological, or procedural, and they are designed to help individuals with disabilities work effectively and independently.
Disability accommodation is important in the workplace because it allows individuals with disabilities to contribute their skills and talents to the workforce and to enjoy the same opportunities as their non-disabled peers. Also, it helps employers to create a more inclusive and diverse workplace culture. Reasonable accommodations ensure that qualified individuals with disabilities have rights in employment equal to those of individuals without disabilities.
The Americans with Disabilities Act (ADA) is a US law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, and transportation. Its purpose is to ensure equal opportunity for people with disabilities and to eliminate barriers that prevent them from fully participating in society.
Who is Covered by the ADA?
The part of the ADA enforced by the Equal Employment Opportunity Commission (EEOC) outlaws job discrimination by all employers with 15 or more employees. This includes state and local government employers. Job discrimination against people with disabilities is illegal if practiced by private employers, state or local governments, employment agencies, or labor organizations.
The ADA does not contain a list of covered disabilities. Generally, disclosure of disabilities is not required until an employee needs an accommodation to perform their job duties. Employees only need to provide enough information for the employer to understand the nature of the disability and the necessary accommodation.
Types of Accommodations
Reasonable accommodations can take many forms. Commonly used are assistive technology, physical modifications to the workplace, adjusted work schedules, and modifying job duties. The specifics will vary depending on the individual’s disability and the requirements of the job. Most importantly, working closely with the employee through an interactive process will help to identify the most appropriate accommodations.
Resources for Employees and Employers
- The Equal Employment Opportunity Commission (EEOC): https://www.eeoc.gov/
- Disability Resources: https://www.eeoc.gov/eeoc-disability-related-resources
- Employer Resource – Prohibited Policies/Practices: https://www.eeoc.gov/prohibited-employment-policiespractices
- Employee Resource – Filing a Charge of Discrimination: https://www.eeoc.gov/filing-charge-discrimination
- Job Accommodation Network (JAN): https://askjan.org/
- A to Z of Disabilities and Accommodations: https://askjan.org/a-to-z.cfm
- How to Request an Accommodation: https://askjan.org/media/accommrequestltr.cfm
- Medical Exams and Inquiries: https://askjan.org/topics/medexinq.cfm
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