Let’s build on the ADA’s legacy of transformative disability inclusion
MCCA (Minority Corporate Counsel Association)
Advancing Diversity, Equity and Inclusion in the Legal Profession
Co-Authored by: Jean Lee (She/Her/Hers) , President and CEO, MCCA and Sophia M. Piliouras (she/her/hers) , COO & Corporate Secretary, MCCA
Before 1990, many job applications started out with the same question: Do you have a physical or mental disability?[1] Employers weren’t asking in the interest of equal opportunity hiring; they were screening—blatantly discriminating against candidates with physical disabilities or “hidden” ones, including mental health conditions, cancer, and chronic disease. And until 32 years ago, that was legal.
We’re celebrating the anniversary of the Americans with Disabilities Act, the landmark civil rights legislation that, among other things, banned employment discrimination against people with disabilities and required they receive reasonable accommodations to set them up for success.[2] We’re also reflecting on the lingering gap between the promise of the ADA and its fulfillment—and the bold action employers must take to fill it, sustaining the progress we’ve made in the last few years.
Indeed, in an unexpected pandemic silver lining, many of the adjustments companies had to make during COVID—like the switch to remote work and more flexible hours—are accommodations that disabled workers have been requesting for years. Finally on more even footing with their colleagues, people with disabilities have gained jobs [3] as new ways of working allow them to participate differently and contribute more fully.[4] For instance, hearing-impaired workers use Zoom closed captioning programs to take part in meetings, and neurodivergent employees set up work-from-home environments that are most conducive for them. Employers, in turn, have benefited from an expanded labor pool and greater productivity from workers who are thriving on their terms.
Progress towards greater equity and inclusion will be fleeting, however, if organizations insist on returning to the ways we used to work.?Today, as companies navigate returns to hybrid and in-office work, old barriers to inclusion—like daily commutes, job-related travel and in-person meetings—may soon force disabled employees to navigate these additional (and in many cases, unnecessary) burdens in order to keep their jobs. ?
But we know better now. We understand which interviews can take place over Zoom, which meetings could instead be emails, and what it takes to build a culture of collaboration online. And we’ve seen what we stand to gain when we create work environments where employees with disabilities can thrive.
Now that we know better, we all share a responsibility to do better to support people with disabilities. That’s why MCCA is encouraging leaders to draw on the lessons of the past two years and find solutions for hybrid work that support professionals with disabilities. That starts with institutionalizing the flexibility of remote options, but it also means intentionally building an inclusive culture where team members contributing on screen have as much input as those physically in the room.
Businesses must also consider employees who may not feel comfortable revealing less visible disabilities and prioritize, as a Microsoft report on the future of work suggests, “adaptive accommodations that honor their needs for privacy and autonomy.”[5] The influx of “long-haul” COVID patients into the disability community has called greater attention to the millions of Americans living with chronic illness, and the country’s mental health crisis is forcing a reckoning over access to resources and support.[6] It has never been more important for organizations to ask: How can we build on the accessibility we’ve introduced so that we’re even more inclusive going forward?
We’ll be exploring more solutions, from innovative technology to data-driven decision-making, as part of our annual Creating Pathways to Diversity Conference in October, and we hope you’ll join us in answering this question together. Because we cannot let another thirty years pass without realizing the full promise of the ADA. As employers navigate a “new normal,” we have an opportunity to build a more inclusive working environment—and drive sustainable change that makes this decades-old promise a reality.
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[1] https://www.shrm.org/hr-today/news/hr-magazine/summer2020/pages/the-ada-at-30-looking-back-and-ahead.aspx