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 a solid foundation for your disability efforts starts with understanding the requirements of the law and ensuring each person in the workplace is able to work productively. For example, supervisors and managers are vital to ensuring that applicants and employees feel comfortable asking for what they need to be successful. At the leadership level, employers can ensure effective training for supervisors and managers and create actionable accommodations policies and procedures.
1. How does understanding the law provide the groundwork for disability efforts?
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 require that employers provide effective accommodations to enable workers with disabilities to be productive members of the workforce.
The ADA is a civil rights law that addresses all aspects of community life, including employment. Title I and Title II of the ADA contain provisions prohibiting 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.
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 steps 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 (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 role does workplace accommodation play in workplace success?
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.
3. What role does accessibility play in workplace success?
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
The development of disability policies underpins every effort to create an organization that fosters success for all. 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?
Does the organization require training programs to address disability?
Do leaders create initiatives to facilitate effective accommodations?
Are employees asked to provide feedback on efforts to create successful disability-related policies and practices?
Does the organization have formal training around disability awareness?
[Organization Name]’s mission is to [Organization’s mission statement]. In carrying out this mission, [Organization Name] is committed to advancing disability employment.
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 quality workforce.
Through these efforts, [Organization Name] will continue to strive for a 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 are successful.
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 successful workforce 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 all employees.
Endnotes
This Sample Policy does not necessarily represent legal obligations, but instead reflects 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
