Guide for Job Seekers & Workers with a Disability by William D. Goren Expert

William D. Goren Expert

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Because of the undeserved stigma attached to disabled workers, individuals with disabilities often face incredible odds when searching for employment. This is a sad truth, but one that can be overcome if you know your rights.
This guide was created to introduce disabled workers and job-seekers to the rights afforded to them by federal and state governments. In addition, we offer useful tips for finding a job, advice on staying gainfully employed, and guidance that can help you talk with an existing employer about making a reasonable accommodation for you.
Having any kind of disability does not preclude you from earning a living and supporting your family, nor should it. However, you may need to try harder than others to find employment that will adequately use your skill set without testing your disability or causing you undue harm.
Keep reading to learn more about your rights and responsibilities as a disabled worker, and best practices for moving forward.
What the ADA and Other Laws Mean to WorkersWhen anyone mentions the “ADA” in the context of disabled worker’s rights, they are speaking of The Americans with Disabilities Act of 1990, which prohibits the discrimination of persons with disabilities seeking employment while ensuring they have equal opportunity.
The ADA was created based on the basic principle that “physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society,” with the goal of providing a “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”
Although the Americans with Disabilities Act of 1990 is long and cumbersome to read in its entirety, its main components can be summarized as follows:

Americans with Disabilities Act at a Glance

Americans with Disabilities Act at a Glance

• The ADA prohibits discrimination of workers with disabilities.
• The ADA ensures equal opportunities for persons and workers with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation.
• The ADA mandates the establishment of TDD/telephone relay services.
• The ADA covers employers with 15 or more employees, including State and local governments, employment agencies, and labor organizations.
• An employer who must follow ADA rules is generally required to make a reasonable accommodation for a qualified applicant as long as it does not pose an “undue hardship” on their business or its ability to operate.
• An employer may not be required to make a reasonable accommodation if it would require significant difficulty or expense, or it if requires them to lower quality or production standards.
• The ADA makes it unlawful to retaliate against an individual who opposes discrimination against workers with a disability.
• Based on details found in Title I of the ADA, employers cannot inquire about the existence, nature, or severity of an employee’s disability, but they can ask about their ability to perform the job in question. Employers cannot ask for a medical examination unless the same examination is required for all employees, disabled or not.
• Employers are required to keep medical records confidential. This rue stands where a medical record notes information on the employee’s disability or health conditions or not.
  
  
  What is Reasonable Accommodation?Reasonable accommodation is an upgrade or exception an employer makes in order to help a worker with a disability feel more comfortable or perform better on the job. This can include making existing facilities accessible and usable by persons with disabilities, modifying work schedules to accommodate special requests, or acquiring and modifying equipment, materials, and policies to aid the employment of a worker with a disability.
  Workforce Innovation and Opportunity Act (WIOA)The Workforce Innovation and Opportunity Act (WIOA) was created to serve as an upgrade to the outdated Workforce Investment Act, which has been due for reauthorization since 2003.
  According to information on the implementation of the WIOA from the United States Senate, the United States will fall 11 million short of the number of workers with postsecondary education needed in the workplace within the decade. Further, 52 percent of adults aged 16-65 lack the literacy skills needed to perform basic job requirements.
  As the U.S. Senate also notes, individuals with disabilities have the highest rate of unemployment of any group, with more than two-thirds not participating in the workforce at all. The WIOA hopes to change that by:
  Eliminating 15 existing programs for workers and combining their offerings into a single, streamlined program
  Supporting access to workforce development through customized training, pay for performance, and sector and pathway strategies
  Boosting and improving existing workforce development programs and aligning them with education initiatives
  Ensuring that individuals with disabilities receive the training necessary to thrive in the workplace
  Empowering local boards and governments to tailor services and set standards based on their regional employment training needs
  By the time the WIOA is fully implemented in July of 2016, government sources hope to see a speedier and more efficient system that will improve education and outreach to individuals with disabilities while connecting them with applicable on-the-job and work training.
  By implementing this strategy, drafters of the WIOA hope to see a new system that prepares workers for the realities of the 21st century economy, while helping businesses find the skilled employees they need to remain fully operational.
  How to Discuss Reasonable Accommodation With Your EmployerAccording to the U.S. Equal Opportunity Employment Commission, an individual with a disability is a person who:
  Has a physical or mental impairment that may limit their activities
  Has a record or history of such impairment
  Is regarded as having such an impairment
  While these descriptions remain rather broad, they are intended to be since disabilities come in many forms and shouldn’t be minimized. The level of a person’s disability may impact their ability to perform basic job functions, although it shouldn’t hamper an individual’s ability to escape discrimination based on their disabled status.
  Tips for Requesting Reasonable AccommodationThe fact that the ADA prohibits employers from questioning you about your disability means you may need to initiate any conversations about reasonable accommodation. In other words, if you feel adjustments to your workplace are needed or required, you will need to ask.
  While you may not want to put your employer on the spot, it is within your rights to request reasonable accommodation that will help you perform your job. Since the accommodation you ultimately receive could improve your output and performance at work, asking for – and receiving – help or modifications could be a win-win for everyone. As you broach the subject with your employer, consider these five tips:
• Your Employer Can’t Read MindsYour employer or HR representative may not be aware of your needs. While your individual needs and concerns are very obvious to you, they may not be obvious enough to draw attention from your employer or HR representative. When you describe your situation to them, be clear on what your needs really are – and how they can help.
• Ask for Exactly What You WantAsk for exactly what you want, and consider putting it in writing. Once you have explained your situation, ask for exactly what you need in terms of accommodation. “Beating around the bush” or being vague about your needs may result in an outcome or reasonable accommodation that is not truly helpful. On the other hand, telling your employer exactly what you need is the best way to get what you want.
• Be Patient With Your ExplanationExplain how reasonable accommodation will help you do your job. If your employer doesn’t understand the accommodation you’re requesting at first, take the extra step to explain how the modification or adjustment will help you do your job.
• Be Open to AlternativesBe willing to consider alternatives. If your employer or HR representative suggests an alternative accommodation, give it a chance before you suggest more alternatives or reissue your original request. You may find that their suggestions are more than adequate to help you do your job.
• Be Patient But InsistentWhen you make the initial request with your employer, it can pay off to give them some time to implement reasonable accommodation. At the same time, you should never let them “put you off” or downplay your needs. Be patient, but also be insistent about what it will take for you to perform your job the best you can. The law is on your side.
  
  
  

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