As October comes to a close, so do several important annual monthly observances nationwide. These public occasions are meant to raise awareness and bring attention to a host of critically important issues, including (but not limited to) the following:
- Hispanic heritage, breast cancer, domestic violence, cybersecurity, clean energy, youth substance use, and more (note: Hispanic Heritage Month took place from Sept. 15 through Oct. 15).
However, there’s one monthly observance which often does not receive enough recognition: National Disability Employment Awareness Month (NDEAM).
During NDEAM — and every month — companies purporting to embrace and advance workforce diversity, equity and inclusion (DEI), as well as accessibility, should consider this:
People with disabilities represent a vast pool of untapped talent in a competitive global labor force, particularly with the domestic unemployment rate at historically low levels.
Nevertheless, too many companies still ignore people with disabilities in the hiring process — despite their proven talent, merit and ability to do the job. Moreover, even some progressive employers which hire persons with disabilities may fail to retain, train and advance this overlooked segment of the workforce due to unlawful discrimination.
Employment bias against persons with disabilities is based on myths, fears, stereotypes and other artificial barriers. Corporate America cannot claim to champion workplace DEI on one hand, while ignoring qualified people with disabilities (PWD) on the other.
Rather, CEOs and corporate executives must recall that DEI always includes disability. You cannot have one without the other. However, the lingering stigma of disability discrimination must change if savvy employers want to maximize the best available talent.
It’s notable that disability cuts across racial, gender, ethnic, religious and age-based lines. There’s no demographic group of citizens which excludes people with disabilities.
Employer Responsibility
NDEAM is sponsored by the U.S. Department of Labor, Office of Disability Employment Policy. This monthly observance dates back to 1945. The goal is to shine a spotlight on — and raise awareness about — disability issues in the workplace.
This includes employer responsibilities to voluntarily comply with the landmark Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination against applicants and workers with disabilities (whether intentional, unintentional or subconscious).
The ADA is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), where I worked for two decades during my career of federal public service. Even the federal government has more progress to make regarding disability employment in order to meet the goal of being a model workplace.
The ADA covers both physical and mental disability impairments, the latter of which are often hidden from public view.
Hidden disabilities include depression, anxiety disorder and a host of other mental health issues affecting tens of millions of Americans and their families. Mental impairments, or psychiatric disabilities, receive even less attention by the business community compared to more obvious physical disabilities.
People with disabilities account for 42 million Americans, or about 13 percent of the civilian non-institutionalized population, according to the U.S. Census Bureau.
As President Biden noted in his proclamation on NDEAM: “People with disabilities are three times less likely to have a job, and when they do, they are often paid less money for doing the same work.”
7 Important Facts
According to the Pew Research Center, following are seven significant facts to remember about Americans with disabilities (see link for more detailed data and related information):
- Older Americans are significantly more likely than younger adults to have a disability.
- Americans in certain racial and ethnic groups are more likely to have a disability.
- The most common types of disability in the U.S. involve difficulties with walking, independent living or cognition.
- Americans with disabilities tend to earn less than those who do not have a disability.
- Disabled Americans have lower rates of technology adoption for some devices.
- Disabled Americans are much more likely than other Americans to have faced psychological distress during the COVID-19 pandemic.
- Employed Americans generally think their workplace is accessible for people with physical disabilities.
“America is the only country in the world founded on an idea: that we are all created equal and deserve to be treated equally throughout our lives,”said President Biden in his NDEAM proclamation.
He added: “We celebrate all the people with disabilities who have moved our Nation closer to realizing that ideal and, in the process, have made America more prosperous, inclusive, and humane.”
Final Thoughts
Disability employment remains a persistent problem, despite broad efforts by the federal government and disability rights groups to promote voluntary compliance with the landmark Americans with Disabilities Act of 1990 (ADA).
One might think more progress had been made by now, more than 30-years after the ADA’s enactment. This is especially true due to new and evolving assistive technology to help people with disabilities in the workplace and society.
But about-one third of the U.S. EEOC’s total annual caseload includes allegations of disability discrimination under the ADA — accounting for 25,000 cases alone in 2022 (fiscal year).
Moreover, the EEOC has increasingly been suing private employers, including class action litigation, after finding discrimination occurred and being unable to reach a voluntary resolution — through mediation and conciliation — due to employer intransigence.
Unfortunately, disability discrimination is still a pervasive problem in the employment context, despite incremental gains over the decades to level the playing field.
In essence, disability awareness alone is not enough. The business community should fully embrace proactive prevention of job bias though open communication, community outreach, education and technical assistance to promote voluntary compliance with the ADA and avoid discrimination.
Disability discrimination against qualified employees and applicants may result in federal government investigations and litigation, in addition to that of private plaintiffs. This only leads to wasted time, added business costs and negative publicity for employers — all of which can damage the brand image, while jeopardizing bottom line productivity and profits.
More companies need to increase their efforts to make disability employment a priority in the 21st-century workplace.
Employers must remember that employing people with disabilities and voluntarily complying with the law simply makes good business sense.
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This post was previously published on medium.com.
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