According to the Centers for Disease Control (CDC), over 70 million people in the U.S. are living with a disability – that’s approximately 13% of the population. While some severe disabilities prevent people from working, many of those living with disabilities have a great deal to contribute to our workforce and our economy. To recognize and commemorate those contributions, we celebrate National Disability Employment Awareness Month (NDEAM) each October. The theme for NDEAM 2024 is “Access to Good Jobs for All.”
In addition to recognizing the contributions of people with disabilities, NDEAM is helping to educate people about the issues surrounding disability employment. The concept was first introduced in 1945, when Congress declared the first week of October “National Employ the Physically Handicapped Week.” In 1962, the word “physically” was removed, and in 1988, the week was expanded to a month and renamed NDEAM.
Unfortunately, people with disabilities have a much harder time finding employment than nondisabled people. In fact, they are only about 36% as likely to be in the labor force compared to nondisabled people. But, here’s some good news: In 2023, 22.5% of disabled people were employed, which, according to the Bureau of Labor Statistics (BLS) is the highest recorded ratio since comparable data were first collected in 2008. Of course, there is still much room for improvement.
The Americans with Disabilities Act (ADA)
Although the NDEAM originated in 1945, there were no laws in place to protect people with disabilities from discrimination until 1990, when the Americans with Disabilities Act (ADA) was passed. This U.S. legislation provided civil rights protections to individuals with physical and mental disabilities and guaranteed them equal opportunity in public accommodations, employment, transportation, state and local government services, and telecommunications. The act defines disability as a “physical or mental impairment that substantially limits one or more of the major life activities,” and includes a wide variety of disabilities such as cancer, diabetes, PTSD, HIV, autism, deafness or hearing loss, blindness or low visions, mobility issues, and more.
In short, the ADA is meant to ensure that people are not discriminated against in their daily lives based on disability. When it comes to employment, the ADA:1
- Helps people with disabilities access the same employment opportunities and benefits available to people without disabilities.
- Applies to employers with 15 or more employees.
- Requires employers to provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation” is a change that accommodates employees with disabilities so they can do the job without causing the employer “undue hardship” (too much difficulty or expense).
- Defines disability, establishes guidelines for the reasonable accommodation process, and addresses medical examinations and inquiries.
All this “legalese” boils down to this: employers are not allowed to discriminate against qualified individuals with disabilities in the job application process, hiring, firing, advancement, compensation, job training, and other conditions and privileges of employment. Employers are also required to accommodate qualified candidates, which may include making the workplace accessible, restructuring jobs, and modifying work schedules, equipment and certain policies.
For instance, these “reasonable accommodations” may include a sign language interpreter for a deaf applicant during a job interview, providing regular breaks for an employee with diabetes to monitor blood sugar and insulin levels, or providing wheelchair access throughout the building.
Of course, we all know that just because there are laws such as the ADA, not every employer is willing to adhere to them. In fact, since the ADA was passed, there have been tens of thousands of lawsuits filed (more than 4,600 in 2023 alone!) related to employment discrimination and accessibility issues for people with disabilities.
Are Your Rights Being Protected?
If you are disabled and have encountered discrimination in hiring, accommodations, promotions, training, compensation or other employment issues, please consider asking for legal help. Laws like the ADA become stronger and more beneficial to others when they are enforced! As the theme for this year’s NDEAM states, the goal is “access to good jobs for all.”
However, if you are unable to work because of a physical or emotional condition, you may be eligible for federal Social Security disability benefits. The experienced lawyers at the Disability Guys are committed to helping you get the financial support you need. Contact us for a free consultation.
(To learn more about the ADA, click here.)
Sources
1An Overview of the Americans With Disabilities Act | ADA National Network (adata.org)