EEOC’s Post

Diversiology Focus Area This article focuses on the dimension of disability, emphasizing the importance of workplace diversity and inclusion of people with disabilities. Article Summary The piece highlights the significance of National Disability Employment Awareness Month (NDEAM) and the importance of recognizing and including people with disabilities in the workforce. Despite their potential and talent, this group often faces employment discrimination based on myths and stereotypes. The article stresses that true workplace diversity, equity, and inclusion (DEI) must encompass people with disabilities, as they make up a substantial portion of the population and can contribute significantly to the labor force. Key Points NDEAM is crucial for raising awareness about disability issues in the workplace and shedding light on employer responsibilities under the Americans with Disabilities Act of 1990 (ADA). Despite the ADA, people with disabilities still face bias and discrimination in the employment sector, which hampers their opportunities for retention, training, and advancement. Disability is a diverse category that cuts across racial, gender, ethnic, religious, and age-based lines, making it integral to any DEI initiative. The article shares seven significant facts about Americans with disabilities, including disparities in employment, income, technology adoption, and psychological distress during the COVID-19 pandemic. The piece concludes by urging the business community to proactively prevent job bias through open communication, community outreach, education, and technical assistance to promote voluntary compliance with the ADA. https://lnkd.in/ezTHC6RH

Today is the 34th anniversary of the enactment of the Americans with Disabilities Act (ADA). In honor of the occasion, I would like to talk about why I'm tired of talking about the ADA. 🚨 HOT TAKE ALERT 🚨 First, the ADA is a little bit younger than I am. That's right--back when I was a cute little disabled baby, there were very few if any legal protections ensuring that when I grew up, I would have minimal access to crucial things like transportation, higher education, and employment. It is BANANAS that it took our country until 1990 to do this. And yet, in the 34 years since, there hasn't been much progress in the law, which is also bananas. Neither of these facts call for celebration. Second, the ADA is often touted at this time of year as synonymous with disability access and inclusion. This is incorrect. It's the bare minimum required to avoid overt discrimination, harassment, and complete lack of access (and many organizations are exempted altogether). The law is premised on the assumption that workplaces, in particular, are inaccessible in the first place, and puts the burden on the employee to enter into a vulnerable position, and potential conflict, with their employer just to get the basics required to do their job. And unfortunately, ADA violations are still quite common nonetheless. In the twenty-first century, we can and must do better. We need to envision a default of access, equity, and inclusion. We need to take proactive steps in this direction legally and culturally, and not rely on a reactive framework. The ADA is a floor, not a ceiling. It's a crucial backstop in situations where people aren't doing the right thing, but it can't be the sum total of our aspirations. Making the ADA the centerpiece of conversations around disability DEIA is like making FMLA leave (12 weeks, unpaid, and not applicable to many workers) the be-all and end-all of conversations around supporting working parents. That would rightly be recognized as preposterous and insufficient. The incredible activists who fought for the ADA will always have my utmost respect and gratitude. I would like to honor their legacy by recognizing that their vision for the role of people with disabilities in society was far more expansive than what the legislation that was politically feasible at the time provides for. 34 years later, let's move the conversation forward. I will get down off my soapbox now. Thanks for listening. Image: Activists literally having to crawl up the steps of the US Capitol on March 12, 1990, to demonstrate to lawmakers how inaccessible public places were and are.

Very insightful in understanding the challenges of those with disabilities.

The numbers prove companies need to think outside the box

It is extremely encouraging to see a company bring Corporate Disability Inclusion to the forefront! For years, I tried to “Overcome” my disability. I would try to prove that I can do things “in spite” of my disability. I would try extremely hard to act as though I didn’t have a disability. I did this out of fear. I was fearful that I wouldn’t get the next job, that people wouldn’t entrust me with meaningful work, and fearful that people would treat me different. The truth is, at times I know this happened. I have been turned down for jobs because the manager was unsure of how I would perform the job. I have been removed from projects because my blindness and inability to read body language made the leader uncomfortable. My skills have been undermined by those who would openly make jokes about my blindness, or over sympathize on how it “must be so hard with your condission.” But you know what else happened? I had those who believed in me, leaders who took a chance on me, leaders who developed me, and leaders who gave me confidence to pursue my potential. I learned that I wasn’t working “in spite” of my disability, but leveraging it as a tool. Being blind has allowed me to look at problems from a different perspective, it has allowed me to focus on the issues in meetings and not be distracted by facial expressions or body language, it has taught me to empathize with others, and it has taught me how to inspire others to look at things from differing perspectives. Most of my achievements I give credit to the leaders who developed me, but in a small way I believe that I have excelled not “in spite” of my blindness, but because of it. I honestly wonder at times if my skillset would actually be different and even less than, if I didn’t have a disability. That is why I believe Corporate Disability Inclusion is so important, it allows us to bring differing perspectives, different ways of doing things, and different ways of being successful in to the conversation. Not to mention, for many companies, this also has an impact on how they serve their customers. I don’t know the numbers off hand, but I do know that disability extends across all demographics and social economic statuses, which means, embracing diversity of disability will allow you to enhance the service to your customers.  

As a business owner or manager, one of the laws that you need to know about is the Americans with Disabilities Act (ADA). ♿ The Americans with Disabilities Act (ADA) is a federal law that protects those with disabilities. The purpose of the law is to ensure that people with disabilities are provided the same rights and opportunities as other citizens. Disability rights are considered civil rights, and thus, they cannot be taken away. ADA rights extend to many areas of life, including public transportation, telecommunications, public accommodations, and employment, among others. Those with disabilities must be afforded the rights provided by law. ✅ Employers cannot discriminate against an applicant or employee because of his or her disability. An employer may not deny a promotion strictly based on a person’s disability. As long as a person is qualified for a job, you cannot deny them the position because they are disabled. Employers must make “reasonable accommodations” for employees who have disabilities. For example, you may need to restructure a job, make equipment modifications, or make other accommodations unless doing so would pose “undue hardship.” ✅ In Wisconsin, all employers with 15 or more employees are required by law to comply with ADA laws. Not only is ADA compliance required, but state statutes (including Wisconsin) similarly prohibit disability discrimination and can be broader in some respects than the ADA. This means that you must take steps necessary and possible to provide reasonable accommodations for employees with disabilities. You need to ensure that your facility has wheelchair access to all areas, that the bathrooms are equipped for those with disabilities, and that the work environment, such as machines, can be accessed by all employees. In addition to compliance for employees, businesses must make sure that if they have any public areas, those are also ADA-compliant. ✅ If your business is open to the public, you must follow the ADA laws and guidelines. You must provide auxiliary services to those with disabilities, including vision and hearing impairments as well as other disabilities. You must provide these services as long as it is not a “burden” to your business. ✅ Additionally, you need to remove any barriers that could prevent access, such as is required for a wheelchair. If you cannot make these accommodations, you must provide alternate ways to achieve the same result. If your business offers phone services to the general public, you must provide telephone relay services, such as TTY or similar services for the deaf. New construction should provide access for the disabled. To learn more, contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online.

Open Letter to Employers: Embrace the Power of Disability Inclusion Dear Esteemed Employers, In today's competitive job market, securing top talent is crucial for success. Yet, a vast pool of skilled and dedicated individuals remains largely overlooked: people with disabilities. This letter urges you to consider the immense value they can bring to your organization. Diversity is Strength: as a public policy scholar, inclusive humanitarian specialist and key note speaker I believe , People with disabilities represent a diverse range of skills, experiences, and perspectives. Studies show that companies embracing disability inclusion experience increased innovation, improved employee morale, and a wider customer base. Hiring people with disabilities fosters a more inclusive work environment, benefiting everyone. Beyond Compliance: While legal requirements exist for disability inclusion, true success goes beyond compliance. It's about recognizing the capabilities of individuals with disabilities and providing reasonable accommodations. These often involve minor adjustments – accessible documents, specialized software, or flexible work arrangements – that can unlock immense potential. The Benefits are Real: People with disabilities are often highly motivated, demonstrating exceptional problem-solving skills and resilience. Their determination to succeed can be an inspiration to colleagues. Additionally, a diverse workforce can lead to better decision-making and a deeper understanding of customer needs. Taking the First Step: Start by reviewing your hiring practices. Ensure job descriptions are inclusive and focus on skills and qualifications. Partner with organizations representing people with disabilities to widen your applicant pool. Invest in accessibility training for your team to foster a welcoming environment. Together, Let's Build an Inclusive Future: By embracing disability inclusion, you're not just fulfilling a moral obligation; you're investing in a stronger, more innovative, and successful organization. Let's create a future where talent is valued for what it brings, not limited by disability. Sincerely, Disability sausage media A Supporter of Disability Inclusion

When I read this EEOC update last week, I was reminded of my first, in-depth undertakings with DEI work, which was directly related to an EEOC Consent Decree that lasted over 40 years - I came into the subject organization about half-way through the term and was required to manage every employment decision under the conditions of the consent decree. After seeing the monetary settlement and the 2-year Consent Decree related to this particular lawsuit on the EEOC’s website last week, it also reminded me of the opportunity I was afforded recently when I worked with a client on framing their organization's Global Disability Inclusion Strategy. Interestingly, I’ve also received several inquiries from individuals asking for guidance on requesting reasonable accommodations with remote working arrangements due to a disability; the return to office mandates seem to be creating these inquiries. HR compliance and proactive DEI strategies are business necessities that must be given due attention in the workplace. With accessibility being an objective of DEI to enhance the workplace experience, whether as an embedded aspect of inclusion or as a standalone measure, having a strategy to address people with disabilities is of utter importance. Legally, there are consequences for failures to support people with disabilities in the workplace. In addition to the American with Disabilities Act (ADA), there are other federal laws and regulations along with additional laws in some states. Compliance with these laws is a business imperative for purposes of safeguarding the bottom line. Given the EEOC’s recently announced 2024 priorities, employers should be focused on disability inclusion in the workplace. The disabled population is generally recognized as the largest “minority population”; so if ever there was a justifiable rationale for prioritizing disability inclusion, the statistics are a good place to start. For example, the World Health Organization reports that 1 in 6 people in the world experience a significant disability.  The CDC reports that up to 1 in 4 adults in the U.S. have some type of disability. And, the U.S. Department of Labor (DOL) reports that about 35% of people of working age (includes people between the ages of 16 and 64) are people with disabilities. However, the challenge presented for employers is that self-identification of a disability is generally voluntary and all disabilities are not visible. Therefore, having a proactive strategy for managing an inclusive work environment is a recommended action for mitigating risks of disability discrimination --- integrating accessibility into the overall workplace experience is a proactive strategy required for fostering inclusive work environments. It’s also a cost-avoidance strategy. Lead with data and the DEI story will follow. #tulip #DEI #DEIA #DisabilityInclusion #ADA #EEOC #HRcompliance #costavoidance #bottomline  https://lnkd.in/guePabcZ

EEOC Publishes Dual Reports on Disabilities in the Federal Workforce The U.S. Equal Employment Opportunity Commission (EEOC) has unveiled two comprehensive reports shedding light on the status of individuals with disabilities within the federal workforce. The first report delves into the utilization of Schedule A hiring authority by agencies to appoint job seekers with specific disabilities to federal roles outside the competitive recruitment process. Additionally, “Examining the Influence of Telework on Personal Assistance Services” underscores the significance of programs designed to aid current employees with targeted disabilities—such as deafness and paralysis—in carrying out essential life activities during work hours, like self-care and eating. DC Employment Lawyers advise, adherence to Schedule A hiring mandates necessitates job applicants to possess documented disabilities, encompassing a wide spectrum of intellectual, severe physical, or psychiatric impairments. The EEOC offers a comprehensive guide for employers, service providers, and prospective candidates on navigating the intricacies of Schedule A, which DC Employment Lawyers suggest employers review in detail. Under Section 501 of the Rehabilitation Act, federal agencies are prohibited from discriminating against job applicants and employees on the basis of disability. In line with this statute and EEOC regulations, agencies are mandated to ensure that at least 12% of their workforce comprises individuals with disabilities (PWD), with an additional 2% dedicated to individuals with targeted disabilities (PWTD). Despite notable advancements in participation rates in recent years, they still fall short of the EEOC’s hiring benchmarks. According to the EEOC’s FY 2020 Annual Report on the Federal Workforce, PWD participation rates ascended from 8.70% in fiscal year (FY) 2016 to 9.45% in FY 2020. Likewise, for PWTD, participation rates escalated from 1.01% in FY 2016 to 1.84% in FY 2020. Dexter Brooks, associate director of the EEOC’s Office of Federal Operations, emphasized, “The EEOC and the Administration are dedicated to advancing equity for employees with disabilities and ensuring that the federal government sets a prime example as an employer for persons with disabilities. This report stands as a testament to our commitment under Executive Order 14035 to furnish technical guidance and bolster the application of Schedule A hiring authority. Agencies can leverage the enumerated best practices to bolster the employment prospects of individuals with disabilities.” Typically delivered in-person, PAS programs encountered minimal disruption during the pandemic-induced telework arrangements, with most agencies reporting unhindered delivery of PAS accommodations. A revision to the Rehabilitation Act mandated all agencies to implement PAS procedures by January 3, 2018.

This Corporate Compliance Insights article by Lisa Morganstern Bickel highlights the importance of going beyond compliance to create inclusive and welcoming workplaces for professionals with #Disabilities. It’s clear that there is an opportunity for employers to hire qualified candidates with disabilities, and by embracing #DisabilityInclusion, companies can access the growing population of disabled professionals to fill open roles within their teams. This effort goes beyond implementing accessible doorways or ramps; the conversation around #DisabilityEmployment has continued to evolve in the U.S. since the signing of the Americans with Disabilities Act into law, and by addressing accessibility, accommodations, and utilizing research and reporting from organizations like Accenture and Disability:IN, companies can help increase the workforce participation and representation of disabled people globally. You can gain additional insight into this conversation by checking out the article at https://lnkd.in/gJJqD_h8