Explore the basics to successfully recruiting, hiring, retaining, and advancing employees with disabilities in this first section of the Workplace Accommodation and Accessibility Policy Toolkit.
To successfully recruit, hire, retain, and advance employees with disabilities, employers can begin with the basics. Creating the foundation for a disability-inclusive workplace starts with understanding the requirements of the law and ensuring each person in the workplace contributes to an environment of equal opportunity. For example, supervisors and managers are vital to ensuring that applicants and employees feel comfortable disclosing their disability and asking for what they need to be successful. At the leadership level, employers can ensure effective training for supervisors and managers, create actionable accommodations policies and procedures, and model inclusive behavior.
1. How does understanding the law provide the groundwork for disability-inclusive policy?
Several laws, including the Americans with Disabilities Act of 1990 (ADA), as Amended, and the Rehabilitation Act of 1973 (Rehab Act), as Amended, prohibit disability discrimination and provide for equal opportunity in employment in both the private and public sectors. These precepts form the legal framework for workplace disability inclusion.
The ADA is a civil rights law that advances the inclusion of people with disabilities in all aspects of community life, including employment. Title I and Title II of the ADA relate to and prevent employment discrimination. They also provide equal opportunity by requiring employers to provide reasonable accommodations to employees with disabilities.
Title I of the ADA (Title I) ensures equal employment opportunity for individuals with disabilities. The law prohibits employment discrimination by covered entities against qualified individuals based on disability. Covered entities are employers (including private, state government, and local government entities with 15 or more employees), as well as employment agencies, labor organizations, and joint labor-management committees.
The ADA includes a prohibition against retaliation and coercion.
The ADA’s nondiscrimination standards also apply to Federal Government employees through Section 501 of the Rehab Act.
The Equal Employment Opportunity Commission (EEOC) enforces Title I and the retaliation and coercion provisions of the ADA and Section 501.
Title II of the ADA (Title II) covers public entities’ programs, activities, and services. Subtitle A of Title II prohibits public entities such as state and local governments, regardless of workforce size, from discriminating against people with disabilities in their employment practices. The U.S. Department of Justice is the primary enforcing agency for Title II. Title II, Subtitle A, indicates that the employment-related activities of public entities may also be subject to Title I of the ADA.
The Rehab Act of 1973, as Amended, includes several sections that impact people with disabilities. Sections of the law prohibit discrimination on the basis of disability in programs conducted by federal agencies, programs receiving federal financial assistance, federal employment, and the employment practices of federal contractors.
Section 501 of the Rehab Act is a nondiscrimination law specific to employment in the Federal Government. Along with the related provisions in Section 505 of the Rehab Act, it prohibits federal agencies from discriminating on the basis of disability and requires them to take proactive steps, including an affirmative action plan (AAP), to employ and advance people with disabilities. For more information, visit the Section 501 Info Center on the Employer Assistance and Resource Network on Disability Inclusion (EARN) website.
Section 504 of the Rehab Act prohibits discrimination against people with disabilities by any program or activity receiving federal financial assistance or by any program or activity conducted by a federal executive agency or the U.S. Postal Service. In addition to people with disabilities who apply to and participate in such programs, Section 504 protects job applicants and employees of the organizations that provide the programs and associated services.
Section 508 of the Rehab Act requires federal agencies to ensure their information and communications technology (ICT) is accessible to people with disabilities, including not only the members of the public they serve but also their own employees. The law applies to all federal agencies when they develop, procure, maintain, or use ICT. Under Section 508, agencies must give disabled employees and members of the public access to information comparable to the access available to others. The U.S. Access Board is responsible for developing ICT accessibility standards to incorporate into regulations that govern federal procurement practices. While Section 508 applies only to federal agencies, many private employers have adapted its standards to ensure accessibility of their technology infrastructure, including technology that facilitates professional development and other means of advancement. For more information, visit Section508.gov.
2. What are the basic building blocks of a disability-inclusive workplace?
Disability inclusion in employment means that people with disabilities are integrated into every facet of a workplace. Employers must take a comprehensive approach to laying the building blocks for integration, creating policies and ensuring that tools, processes, and procedures facilitate equal opportunity and access for disabled workers. A disability-inclusive workplace requires getting buy-in from all employees from top to bottom, building a recruiting and hiring pipeline for people with disabilities, creating a safe and mental health-friendly workplace environment, giving all employees the tools they need to do their jobs, communicating effectively, ensuring accessibility, and seeking and using ongoing feedback to improve continually.
3. What role does workplace accommodation play in disability inclusion?
From a legal standpoint, a workplace accommodation, or reasonable accommodation as it is referred to in the ADA and Rehab Act, is a modification to the work environment or how a job is done that enables someone with a disability to apply for or perform a job. The ADA, Rehab Act, and other disability-related laws require employers to provide workplace accommodations for disabled employees and applicants when requested, unless doing so would cause the employer undue hardship. From a practical standpoint, a workplace accommodation can be viewed as a tool to help employees be productive and successful and engage in all the benefits and privileges offered at work. A proactive approach to processing accommodation requests is essential for creating a disability-inclusive workplace. Employers’ policies and procedures should convey to employees that accommodation requests are welcome and encouraged, not just accepted to fulfill legal obligations.
4. What role does accessibility play in disability inclusion?
Accessibility means that information, services, activities, products, and environments are understandable, meaningful, and usable for as many people as possible, including people with disabilities. In accessible workplaces, disabled employees can participate fully in the physical space, use all technology, and perform the entire scope of their job duties. A workplace must be accessible to people with disabilities and meet specific accessible design standards. Title I of the ADA (EEOC, Question 10), the ADA’s physical standards, and Section 508 address creating accessible workplaces.
Policy Development
Questions to Ask
Policy development underpins every effort to create a disability-inclusive organization. Understand the level of maturity of your organization’s policies by asking the following questions.
Questions for Leadership
Do the organization’s policies accurately reflect the requirements of disability-related employment laws?
Are hiring goals and affirmative outreach programs and policies in place for people with disabilities?
Does the organization require training programs to address how to create a culture inclusive of disability?
[Organization Name]’s mission is to [Organization’s mission statement]. In carrying out this mission, [Organization Name] is committed to advancing inclusion in its workforce.
In pursuit of its principles, [Organization Name] will implement effective policies, practices, and programs; engage in open and honest communication; solicit feedback; engage and empower employees; ensure accountability for results; and dedicate appropriate resources to attract, develop, and retain a workforce that is representative of our diverse population.
Through these efforts, [Organization Name] will continue to strive for an inclusive work environment that respects, embraces, and promotes the many talents of its workforce. Understanding and complying with the law is an important starting point, but more is needed to ensure that applicants and employees feel welcome and valued. We will strive to design and incorporate policy that builds an inclusive workplace.
We will review this policy on or before [policy review date]. This policy was last reviewed by [Reviewer Name] on [last review date].
[Signed by Name of Organization Head]
Policy in Practice
Building a disability-inclusive workplace begins with understanding and complying with the law to establish effective workplace accommodation and accessibility policies, processes, and initiatives. When organizations invest in mechanisms that establish, implement, and audit accommodation and accessibility policies, processes, and initiatives, the benefits are numerous. Successful organizations embrace employees with a diversity of disabilities.
Endnotes
This Sample Policy does not necessarily represent legal obligations, but instead reflect topics that employers and employees may voluntarily choose to address. The Sample Policies do not constitute legal advice by the U.S. Department of Labor and do not reflect the full range of laws that may apply in every situation, including local and state laws that may provide additional protections and requirements. Employers should review local, state, and federal laws to ensure they are in compliance with the law that provides the most protections for employees and should include additional legal requirements as necessary.
This publication is for general information to provide a voluntary resource for employers and is not considered in the same light as official statements of position. The contents of this Sample Policy do not have the force and effect of law and are not meant to bind the public in any way. Back to Text
