What is considered a disability in the workplace?
According to the Americans with Disabilities Act (ADA), a person with a disability is defined as someone who has a physical or mental impairment that impacts one or more major life activities. These impairments cover physiological or psychological disorders, mental illnesses, and certain learning disabilities. Though an exhaustive list of major life activities is not specified, the U.S. Equal Employment Opportunity Commission identified the following to be included: working, learning, caring for oneself, walking, seeing, hearing, breathing, and speaking.
The definition of impairment by the ADA does not include physical characteristics such as left-handedness, or common personality traits such as a sharp temper. Cultural or economical disadvantages are also excluded from the ADA's definition of disability.
What kind of employer provided disability resources should I look for in a job?
An important question to ask a future employer is if the company has disability employment training in place for current and new employees, or if they are willing to invest in training. The goal of disability employment training is to increase awareness of disability etiquette. These trainings can take the form of either in-person or virtual meetings, and help improve competence across a company when discussing disabilities in the workplace. Improving etiquette is also valuable because it will improve not only internal communications, but also external interactions with clients or job candidates with disabilities.
Employee resource groups for people with disabilities are also valuable resources to look for in a work environment. Disability Employee Resource Groups are groups founded by employees as a forum to broaden workers’ understanding of people with disabilities. These groups serve as a place where employees can share ideas, network, and as an overall goal, broaden an organization or company’s diversity initiatives. This is also a group where people who are looking for resources or guidance can turn to, and receive advice from those with similar experiences.
What is a universally designed workplace?
A universally designed workplace meets the needs of a diverse group of people, including those with disabilities. Universal design can be applied to the work environment, workplace technologies, and work policies. The goal is to provide an inclusive, safe, and productive environment for all employees.
What are examples of disability discrimination in the workplace?
Disability discrimination means treating people differently because of their disability, perceived disability, or association to someone with a disability. Employers who are unwilling to make the workplace accessible or provide reasonable accommodations for workers with physical or mental disabilities are also practicing discrimination.
Disability discrimination can also be experienced during job interviews if interviewers ask for a candidate's medical history or require them to take medical examinations as part of the hiring process. The Americans with Disabilities Act (ADA) prevents prospective employers from asking about an interviewee's health conditions during the interviewing process, though interviewers can legally ask candidates how they would fulfill major responsibilities if the candidate has an apparent physical disability.
How do I report disability discrimination in the workplace?
If you've noticed or experienced disability discrimination in your workplace, two possible courses of action are to either reach out to your company's human resources department, or file an ADA complaint with the U.S. Department of Justice. Complaints can be filed online, by mail, or by fax. More information can be found on the ADA's website.
Different states also have different procedures in place for filing a disability discrimination complaint. The non-profit organization Workplace Fairness provides state-specific information
here.
