Creating Disability-Friendly Workplaces

How to apply and comply with the ADA

October is Disability Employment Awareness Month (DEAM), where we celebrate the many contributions that Americans with disabilities have made to the workforce. It’s also a good time to educate ourselves about the resources and support available to help other individuals with disabilities join their ranks by returning-to-work.

 

Unfortunately, this is no easy feat. Most of us know some of the basics. The vast majority of Americans with disabilities are unemployed. Also, 96 percent of people with disabilities have what is known as an “invisible disability,” meaning that they experience a physical or mental limitation that isn’t readily seen. Challenges such as debilitating pain, fatigue, dizziness, cognitive dysfunction, brain injuries, learning differences, mental health disorders, and hearing and vision impairments are not always obvious to others, yet can still severely impact a person’s life and ability to work.
 
You probably already employ a lot of these people, whether you know it or not. Many don’t self-identify, but it’s worth looking a little more closely.

We have all heard about the Americans with Disabilities Act (ADA), which requires most employers to make reasonable accommodations for those experiencing “a physical or mental impairment that substantially limits a major life activity.” However, if you pushed deep down into your HR organization, among hiring managers and supervisors, and even across your general employee base, can you say with confidence that everyone in your organization truly has respect for the rights and skills of workers with disabilities and understands how to apply and comply with the ADA?
 
A truly disability-friendly culture starts with the ADA and is built from the inside out. Employees with disabilities themselves often don’t know what their rights and options are under the ADA. Other employees may harbor a belief that accommodating a worker with a disability is “special treatment” and really means their co-worker with a disability doesn’t have to work as hard as they do. You can help all of these groups come together and dispel misinformation with some education, training, and reinforcement of your commitment to all workers.
 
Some disability-friendly accommodations are relatively simple, like flexible working hours or work-from-home arrangements. Remote working arrangements are becoming increasingly popular across a number of industries. With the advent of employee interfacing apps, teleconferencing and workplace instant messaging, remote employees are just as accessible today as those sitting in a workspace five yards away from each other. More than once I have heard about workers who never realized their remotely-located colleague had a disability until they met in person.
 
At your job site, visible accommodations for workers help reinforce your organization’s commitment to its workers with disabilities. Adjustable desks, appropriately- sized and placed monitor screens and cable management systems all send the right message. In certain cases, investing in color-coded keyboards, screen reader software, and sign language apps can also prove beneficial. 
 
Many organizations are concerned about the costs and time to make such adjustments. For an accommodation to be considered “reasonable,” it must not cause “undue hardship” to the organization, financial or otherwise, and employers have often found that these accommodations are very affordable – sometimes even free. Businesses with fewer than 30 employees or that fall within a certain revenue bracket can also receive a tax credit of up to $5,000 per year, which can further alleviate some of the costs.

How many great employees have you watched go down the traditional benefits path with a disability – work absences due to sickness, ADA accommodations, short-term disability, long-term disability, and COBRA? Then they are gone; some of your best assets are no longer yours.
It doesn’t have to be this way. Do you coach and communicate with these employees as they go down this path, and even after they leave employment with your company?
 
Social Security Disability Insurance (SSDI) beneficiaries often have a 20+ year work history when they finally acquire their disability benefits. About 52 percent of SSDI applicants say they’d like to go back to work if their condition improves.
 
A few of them say they would like to return to their former employer, but didn’t ask or establish any commitment to holding a job (even a different one) for them should they return. They feel the door can’t be re-opened.
 
However, we help some succeed at returning-to-work with a former employer and with navigating their way through complex public and private benefit issues in the process. In short, you probably invested a lot of time, resources, and benefits with these employees. They may not be able to do their former jobs, but they could have transferable skills and certainly the intellectual capital you’d like to keep in your organization – even if there was a two or three-year employment gap.      

This leads us to one of those well-kept secrets about workers with disabilities and where to find them. It’s called the Ticket to Work (TTW) program. TTW is a benefit for the 8.6 million SSDI beneficiaries across the U.S., but only 30 percent of them know it exists. Most don’t know about other work incentive programs that also can help them return to work.
 
TTW is administered by the Social Security Administration and agency’s approved Employment Networks (EN). ENs work directly with beneficiaries, educating them about TTW, creating an Individual Work Plan, assisting them in locating jobs and with getting back to work. The program offers a trial work period, protects existing disability and Medicare benefits, freezes medical review requirements, ensures fast reinstatement of benefits if the worker cannot stay at work and can even help with work expenses. The best part: it’s free.
 
What does this mean for employers? It’s a small, but a potentially ready pool of workers who could come to you with a good work history, up to seven years of health insurance coverage in hand and an expert EN to help them (and you) transition them back to work and coordinate their disability benefits in the process.
 
Reach out to ENs, as well as your state vocational rehabilitation agency and Work Incentive Planning and Assistance counselors in your area to help you find candidates and learn more about transitioning former workers with disabilities off of SSDI benefits and back to work with your organization. 
 
Bringing skilled employees with disabilities into your organization and helping them exit or reduce their dependence on disability benefits sends a great message to your current employees about inclusion. 
 
Hiring people with disabilities is a win for everyone involved and brings value to teams in all industries. However, if you want to reap the advantages of having differently-abled individuals on your team, it’s important to create a workplace that works for – and welcomes – everyone. By doing so, you’ll contribute to an all-inclusive company culture, offer support, and encouragement to employees of all skills and backgrounds, and improve productivity in the workplace.