Happy Anniversary ADA

Credit: ADA National Network (adata.org) 1-800-949-4232

In July 1990, the United States enacted the Americans with Disabilities Act (ADA), banning disrimination based on disability, and changing the daily lives of millions of citizens. The ADA mandated that businesses and public spaces (including private places that are open to the public, such as restaurants, movie theatres, and museums) follow specific rules to ensure equal access for all. 

While the ADA governs a wide range of accommodations, including building codes, transportation, and education, the impacts on access to opportunities for gainful employment have been one of the key areas of significant improvement. 

Impact of ADA on Employees with Disabilities

One of the hallmarks of the ADA is found in Title I, which describes reasonable accommodations. These accommodations are intended to enable those with a disability to have an equal opportunity in obtaining a job, and successfully performing the job, as someone without a disability. The ADA requires these accommodations in three key areas of employment:

1. Ensuring equal opportunity in the application process. Examples of this include providing accommodations during the interview process when requested, such as having a sign-language interpreter for a candidate with a hearing impairment, or changing the location of an interview for accessibility reasons. Best practice is to include disability inclusion statements in job postings, and ensuring that applications are in formats accessible to all.

2. Ensuring a qualified individual with a disability can perform the essential functions of the job. This is the most common area where accommodations are requested, and compliance can be varied. Job restructuring is a frequent accommodation, as is providing a flexible work schedule.

3. Ensuring all employees have equal access to the benefits and privileges of employment. This could involve physical changes to the workplace, such as installing a ramp or modifying the office layout. Or it could be as simple as ensuring that all employees can participate in work-sponsored activities and team-building events. 

Daily life for those with disabilities has undoubtedly improved since the ADA was enacted. But there’s still a long way to go in ensuring full equity for workers with disabilities. People with disabilities face higher rates of unemployment (according to a report from the Bureau of Labor Statistics, the 2020 unemployment rate for those without disabilities was 7.9%;  for those with disabilities, it was 12.6%).

Establishing a Workplace that is Welcoming to All 

To ensure a workplace that is welcoming and accessible to all, organizations should:

1. Establish procedures and policies - Identify in advance how requests will be handled, and by whom. This will ensure your team is prepared for action once a request is received. Once the procedure is established, document it and develop a plan for communication out to your team, including publication in your personnel handbook.

2. Train managers - Managers are at the forefront of ensuring compliance with ADA and reasonable accommodations. Employees do not need to say “reasonable accommodation” specifically to be eligible for accommodations, so managers should be trained to pay attention to patterns in employee behaviour or other specific language that may be indicators of a disability. This is particularly true when an employee has a hidden disability, such as depression or anxiety.

3. Treat requests as interactive - An employee who requests workplace accommodations is one who is aware of their abilities, and seeking to ensure they can do the job for which they were hired. With that in mind, businesses should follow the guidance from the EEOC, and approach accommodations as an interactive process, in which the manager and employee work together to determine the best type of accommodation.

The ADA does state that employers aren’t required to provide accommodation in the event that it causes an “undue hardship” for the business. This is defined as a “significant difficulty or expense” related to the cost or difficulty of providing the accommodation. In realty, the Job Accommodation Network found that 58% of accommodations cost employers nothing, and that the majority of the remaining accommodations involved a one-time cost averaging about $500. Additionally, the Work Opportunity Tax Credit and the Innovation and Opportunity Act provide funding for training, education and other accommodation-related expenses.

There are myriad other resources available to businesses to ensure they are compliant with ADA regulations. The Employer Assistance and Resource Network on Disability Inclusion provides free consulting services to businesses to support efforts to recruit, hire, and advance qualified individuals with disabilities. And the ADA Anniversary site has several links to resources and educational tools.

At the end of the day, businesses are well served to consistently examine how they can create a better work environment for all employees. When it comes to making accommodations for those with disabilities, managers should always seek input from those individuals, and never make assumptions about what they will need. With their participation, you can create a workplace that will ultimately benefit everyone.