How To Overcome Disability Discrimination in the Workplace

While people with disabilities are the largest minority group in the U.S., disability discrimination in professional settings continues to be a major issue facing workers. By first addressing the problem and citing the Americans with Disabilities Act, there are multiple ways to take action and continue to seek progress with employers and coworkers.

By Timothy Mably

Workers with disabilities can face several hurdles in professional settings. Whether looking for new work or experiencing unfair treatment in their current job, both situations must be addressed to overcome disability discrimination in the workplace .?

People with disabilities are the largest minority group in the U.S., accounting for nearly 50 million individuals according to the Department of Labor (DOL). This includes those who are deaf or hard of hearing, have impaired vision, use wheelchairs, have learning disabilities, and other challenges.?

In 2021, the employment rate for disabled workers in America rose to 19.1% of disabled people in the workforce compared to 17.9% who were employed the previous year. The Bureau of Labor found that in the past three years, Americans with disabilities who entered the workforce are disclosing their disabilities at higher rates than before.

While laws prohibit employers from discriminating against workers due to known medical disabilities, some instances of discrimination appear to be more complicated. For example, not all people with disabilities perceive their condition to qualify as a disability. According to Coqual , only 3.2% of people disclose an illness or disability to their employer, while 30% of workers have applicable disabilities. This signals that many undisclosed disabilities are invisible, often relating to illnesses and mental disabilities. Others who do not report their disabilities may feel uncomfortable or unsafe, possibly due to poor past experiences.

In some cases, it can help for employees to be upfront with their boss or HR concerning any disabilities they have. However, problems can arise as a worker conveys information that may make them more vulnerable to potential discrimination in the future. It has been an ongoing conversation as reported by The New York Times whether disclosing disabilities with a particular employer is the right call. Many HR departments don’t even have a secure and organized way to keep track of employees’ disabilities.

Making It Easier For Workers With Disabilities

When co-founder and CEO of Disclo , Hannah Rose Olson and fellow co-founder Kai Keane looked into how employers document reported disabilities among employees, they were shocked. HR departments didn’t appear to have a consistent method for filing such personal details, partly due to the Health Insurance Portability and Accountability Act (HIPAA) and the Americans with Disabilities Act (ADA) restrictions regarding health data. Employers often resorted to writing employees’ medical information on sticky notes and Excel spreadsheets.?

As a result, companies are being sued for not accommodating employees who had previously cited a medical issue. Recently, Amazon’s labor practices were called into dispute as the company was accused of discriminating against pregnant and disabled workers, who had disclosed their conditions but did not receive accommodations. Upon learning of this trend, Olson helped streamline the process to benefit workers who have disabilities.

Olson says, “That’s where we came up with Disclo. Disclo supports employers and employees with collecting, verifying, and managing employee health disclosures and accommodation requests.” Disclo is the first and leading software working to bridge the gap between employees and employers by offering workers with disabilities a place to disclose their medical details.?

In the process, employers are not made aware of such sensitive information while Disclo aims to abide by guidelines of the Equal Employment Opportunity Commission (EEO), ADA, and HIPAA. However, employees still receive accommodations as a result of the formal system which directly interacts with medical providers on their behalf. The platform recommends specific accommodations, while allowing users to select their own.?

With a third party’s involvement, companies do not have to risk the possibility of workers’ personal information getting into the wrong hands through a data leak. “It makes it a lot safer for employees who don’t want to share personal details, but also for employers who don’t see that employee’s health info.”

Based on collected data regarding a company’s employees, Disclo is able to advocate for workers by requesting potential long term benefits. Olson shares her own philosophy, saying, “I'm of the mentality that if more people speak openly about what they live with, it makes for a much more welcoming space for others to disclose.”?

Harvard Business Review found that 65% of employees who have disabilities and explain them to coworkers are twice as likely to be happy and feel contentment in their workplace. Over time, a work atmosphere can produce and cultivate a professional setting where this sentiment is more common.

During a LinkedIn Learning course, Liz Johnson , Paralympian and co-founder of The Ability People, speaks about the process of creating an inclusive workplace, describing the dangers of ableism. Johnson says, “We need to be aware of ableism. Ableism is a concept based on the idea within society that the perfect person exists, which then equates to normality.” She explains that ableism has led to systematic oppression, causing bias exemplified in actions and general decision making. However, this only tends to apply to visible disabilities which have not been normalized.

Johnson gives the example of people who wear glasses as an accepted visible disability, which she says represents the type of progress that a professional setting should ultimately be aiming to achieve. “For those whose differences are not yet normalized by society… they are required to justify their needs, explain their circumstances, and often, and unacceptably, denied opportunities due to the lack of understanding and flexibility of processes, procedures, or even individuals.” To work towards an inclusive atmosphere, Johnson believes it is important to be aware of this concept of ableism, as a way of potentially identifying and addressing it.

Reporting Disability Discrimination

As stated by the Americans with Disabilities Act , employers are prohibited from discriminating against anyone with disabilities, guaranteeing equal opportunities in the workplace. This regards the hiring process, pay, benefits, training, layoff, firing, and potential promotions within state and local governments which have 15 employees or more. It also applies to private businesses, schools, employment agencies, and labor organizations.

The EEOC provides some instructions for how workers who believe they have been discriminated against due to a disability at their workplace should file a formal complaint. Before anything else, they are asked to find an EEO Counselor who will provide a notice about how to write the specific complaint which should be filed within 15 days.

There are several additional resources the Department of Labor recommends you contact as a means of addressing issues of disability discrimination in various capacities.?

1. The U.S. Department of Labor’s Office of Disability Employment Policy, which works to offer national leadership to help create more employment for disabled people.?
2. The Employer Assistance and Resource Network on Disability Inclusion educates the public and private sector regarding how to build an inclusive workplace relating to disability.
3. The Job Accommodation Network offers specific solutions to accommodate individuals and provides disabled people with ideas for self-employment.?
4. The State Governors' Committees on Employment of People with Disabilities helps employers learn how to recruit and retain employees who have the necessary qualifications for a position.?
5. The Centers for Independent Living is a nonprofit which seeks to enable people with disabilities to be independent in their lifestyles.

Whether you have a disability or you are an employer seeking to better accommodate workers, these resources can have great benefits in the workplace. As more employees with disabilities continue to join the workforce in the U.S. and disclose their medical status to employers, companies should be cultivating inclusive atmospheres.

Top Takeaways

How can you seek resolve in your workplace regarding disability discrimination?

• Educate yourself about the discrimination which people with disabilities often face.
• If you are an employer, seek to streamline the process in which workers disclose sensitive information and make them feel protected.
• Look into resources recommended by the Department of Labor to cultivate an inclusive workplace, such as the Employer Assistance and Resource Network on Disability Inclusion, which educates employers and workers.
• If you are discriminated against due to a disability, file a formal complaint with the U.S. Equal Employment Opportunity Commission.