Disability Employment Issues

Disability employment issues can arise because there are multiple relevant laws, some of which require affirmative action as well as protections from discrimination. In addition, employers need to be aware of certain definitions and categories of disabilities that are specified in the Americans With Disabilities Act, Rehabilitation Act, Workforce Investment Act and other laws with narrower coverage but equal legal force.

Significance

• According to the U.S. Office of Disability Employment Policy, over 18 million Americans with disabilities are employed -- nearly 56% of all disabled citizens aged 16-64. This means that a large number of employers may be faced with disability employment issues. The federal laws pertaining to these issues differ from other civil rights laws; in addition to banning discrimination at the workplace, they also guarantee equal opportunity in hiring and access to employment training.

Applications

• Federal laws make it illegal to discriminate against or deny opportunities to disabled workers and job applicants who have: 1. a current, existing disability (e.g., someone who cannot walk on her own); 2. documentation of a past disability (e.g., someone who suffered hearing loss in the past but is now mitigated with a hearing aid); or 3. evidence of being regarded as disabled, whether or not there is an actual impairment (e.g., someone who is qualified for a promotion but has been passed over because coworkers believe he is emotionally unstable.

Coverage

• The vast majority of employers in both the public and private sectors are covered by at least two of the five applicable federal anti-discrimination laws. The Americans With Disabilities Act extends protections to employees of state and local government entities, educational institutions, employment agencies and labor organizations, as well as private businesses with 15 or more people on the payroll. Under the Rehabilitation Act, both a ban on discrimination and a set of affirmative action requirements apply to federal agencies, federally funded programs and private businesses holding federal contracts or subcontracts above a minimum value.

Considerations

• The laws utilize a broad but specific definition of "disability" as a physical or mental impairment that significantly affects one or more of an individual's major life activities. For example, qualifying physical conditions might include a missing limb or a facial disfigurement. Other qualifying impairments could be a learning disability or mental illness. These conditions could restrict a person's ability to walk, speak, hear, follow instructions, perform physical labor and/or otherwise function at the level of comparable workers.

Prevention/Solution

• To prevent compliance issues, employers must not only create an environment free of discrimination against disabled people, but also provide fair opportunities for hiring, placement and advancement on the job. For example, in addition to removing physical barriers in the workplace, agencies and businesses covered under the Rehabilitation Act could offer access to vocational training. The laws do not require unduly disruptive or expensive accommodations, but encourage communication between an employer and a disabled worker to identify mutually acceptable solutions to any problems that arise.