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October 8, 2020
October marks the 75th observance of the National Disability Employment Awareness Month (NDEAM) and the 30th anniversary of the Americans with Disabilities Act (ADA). With diversity and inclusion becoming a business imperative for many organizations, these twin anniversaries are opportunities to raise awareness about disability discrimination and acknowledge the many contributions of employees with disabilities. This year’s NDEAM theme is “Increasing Access and Opportunity.”
Three decades after the ADA was enacted disability discrimination is still prevalent in the workplace. In fiscal year 2019, disability discrimination accounted for 33.4% of all charges filed with the Equal Employment Opportunity Commission (EEOC), second only to retaliation charges (53.8%).
Under the ADA, it’s unlawful to discriminate against an individual with a disability in all employment practices and activities, including recruiting, hiring, termination, pay, benefits, training, job assignments, promotions and lay-offs. The law also requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. Organizations that violate the ADA can face serious fines, penalties, fees and reputational damage.
Disability discrimination can occur when an employer:
Not everyone with a medical condition is protected from discrimination, according to the EEOC. To be protected under the ADA, a person must be qualified for the job and have a disability as defined by the law. A person can show that they have a disability in one of three ways:
Regularly reviewing policies and practices to ensure they prevent disability discrimination and promote inclusion is a good way to foster a disability-friendly workplace. Other ways include:
This October is the 75th anniversary of the National Disability Employment Awareness Month (NDEAM) and the 30th anniversary of the Americans with Disabilities Act (ADA). As organizations focus efforts on improving diversity and inclusion, these twin events present fresh opportunities to acknowledge the contributions of employees with disabilities and ensure that policies, training, recruiting and hiring and other practices address disability discrimination and promote a diverse, inclusive and accessible workplace for all employees.
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nicholas.casciani