Workplace Protections extended to millions of additional people under changed Americans with Disabilities Act

Employers beginning to embrace reasonable accommodations

By Richard Manning,
former Public Affairs Chief of Staff, US Department of Labor

As a person living with cancer, diabetes, MS, dyslexia, epilepsy, depression, fibromyalgia, autism spectrum disorder, or many other conditions that make it necessary for you to have certain accommodations in the workplace to help you maximize your productivity and support your success, did you know that the regulations implementing the Americans with Disabilities Act Amendments are being finalized, and may extend to you the protections afforded under ADA?

And did you know that this may have important and positive consequences for you in the workplace?

ADA became law in 1990 with the goal of making America more accessible to people with disabilities.  Whereas ramps and special parking spots for those with disabilities were rare pre-ADA, they are now common place, and America has come to accept them as a good thing for everyone.  Over the course of the past two decades, people with disabilities have been playing increasingly more visible roles in society,  and America has benefitted from this increased diversity.

Unfortunately, progress for the disability community in the workplace has been much slower than hoped.  Two years ago, the first major revision of the ADA was signed into law in the hope that the changes would open more doors for people with disabilities in the workplace.  This amendment broadened the definition of who is protected and put an emphasis on providing reasonable workplace accommodations to those who need them.

The Equal Employment Opportunity Commission is in the last stages of finalizing what additional impairments will be covered under the law.  However, many observers believe that this process will result in the inclusion for the first time under the Act of many additional people, including many currently in the workplace and many who are seeking employment.

Perhaps even more significant than the inclusion of millions of new Americans to protections afforded by the ADA, is the increased emphasis on accommodation for people with disabilities in the workplace.  Linda Batiste, a principal consultant with the Job Accommodation Network (JAN), has already seen a shift in the employer community as it relates to accommodation, “We’re seeing employers looking more at accommodations and options than before.   More employers than ever before are looking at expanded options to better meet employee needs.”

This shift in employer attitudes is great news for people living with these conditions who currently have a job, and those who are both entering or re-entering the workforce, as the barriers that often prevented a qualified applicant from getting the job and working toward a meaningful career are beginning to fall.  More and more employers understand that it is your talent, not your disability, that is important, and that it simply makes good business sense to provide all workers, including people with disabilities, the workplace accommodations they need to be successful in their careers.  As a person living with this condition, it may be that you need some extra flexibility in your work schedule to accommodate visits to doctors.  Maybe you need the flexibility to take breaks in the work schedule during the day, or it may be that you occasionally need the flexibility to work from home.  Flexibility in work hours is one of the most common and the least expensive workplace accommodation that an employer can provide.  It may be that your condition is affecting your vision or hearing, but there are many very good assistive technologies that can be provided to compensate for this in the workplace.  Perhaps you have a physical condition that requires you to get around using a scooter or wheelchair, and that you simply need to have the aisles at work kept clear and a parking spot provided reasonably close to the workplace entrance.  Or maybe you just need your office desk or chair to be adjusted.  Or perhaps you just need to have your work space located in a quiet corner of the office and the lights turned down so they are not too bright.  Accommodating these requirements is usually very easy and inexpensive.

Opportunities for people with disabilities to achieve their career dreams have never been better.  JAN’s  Batiste brings this into focus stating, “With the change in the law, there is a great opportunity for individuals with disabilities to focus on their qualifications and what they bring to the plate, as employers will be less focused on the disability and more on the applicant’s ability to contribute to the bottom line.”

It is no secret that the job market is difficult.

The good news is that employers are seeking qualified workers with disabilities and doors are being opened as never before for people with disabilities.  People who have conditions that previously have been unprotected are soon to be protected under the ADA.

The further good news is that employers, like never before, are looking at accommodations as nothing more than a productivity enhancement that gives an employee the opportunity to produce at maximum capacity.  Increasingly, managers are looking for ways to increase productivity in the workplace, and it is viewed as good management to provide an environment that increases employee productivity and loyalty, as happier, more productive employees are essential to the long-term profitability of the company.  Opportunity is knocking.  Resources are available.  Just as ramps and parking spots have become accepted and the norm, hopefully, when we look back, we will see that a transformational shift has occurred in the workplace with millions of people with disabilities working and achieving their career dreams.