AMERICANS WITH DISABILITIES ACT
October is National Disability Employment Awareness Month
By BONNIE SILVESTRI , JD , CCEP , ADAC Ethics and Compliance Specialist , ADA Coordinator , and Title VI Liaison for Sarasota County
Bonnie Silvestri Ethics and Compliance Specialist , ADA Coordinator , and Title VI Liaison for Sarasota County
The Learning Academy at the University of South Florida works with autistic people and those on the spectrum with related disabilities to prepare them for work in a variety of fields .
October is National Disability Employment Awareness Month ( NDEAM ), and this year ’ s theme is “ America ’ s Recovery Powered by Inclusion .” The roots of NDEAM began in 1945 , focusing on reaching out to employers to hire individuals with physical disabilities ; in 1962 , it was expanded to all disabilities , both visible and invisible ; and in 1988 , Congress recognized the entire month of October for this important campaign .
This year , we are still very much in the throes of the COVID pandemic , and our economic recovery has begun to stall as the delta variant surges . We are also coping with a labor shortage . Yet in 2020 , based on data from the Bureau of Labor Statistics , only 17.9 % of people with disabilities were employed .
Few events in our common history have made the need for inclusion more readily apparent . As so many of us sat at home watching work and social events get cancelled , we collectively experienced what so many people with disabilities often face – barriers that make our regular routine either difficult or impossible .
Yet , the ability to quickly pivot to the online environment has made meetings , conferences , and events around the world readily available with just a few clicks , and this has helped us stay connected even while apart . The Office of Disability Policy ’ s decision to focus NDEAM on economic recovery through inclusion is a brilliant way to project a positive outlook for a post-pandemic world . The rules of the game have shifted so immensely that if we capture this moment , more accessible and inclusive workplaces might be just within reach .
The Americans with Disabilities Act ( ADA ) has , over the past thirty-one years , both literally and figuratively opened doors for people with disabilities that had previously been closed . Although the ADA is largely focused on diminishing discrimination against people with disabilities , the goal has always been the elimination of barriers for accessing all aspects of life . Like so many of our civil rights laws , there is often a yawning chasm between aspirations and the reality . Too often people with disabilities continue to have difficulties navigating what they often refer to as a “ world that wasn ’ t designed for them .”
Title I of the ADA prohibits discrimination against qualified employees who have a disability , and it requires that employers make “ reasonable accommodations ” except where the accommodation would constitute an “ undue hardship ” for the employer . Reasonable accommodations can be as simple as reviewing job requirements to ensure that they fit the nature of the job . For example , employers might ask , does the employee really need to be able to lift twenty pounds or drive a car to be able to perform the essential functions of the job ? If the job descriptions are out of alignment with the true nature of the job , employers may be missing out on someone who could be a great fit , merely because they may not meet a poorly designed “ requirement ” that might not be necessary to do the job .
The Learning Academy at the University of South Florida works with autistic people and those on the spectrum with related disabilities to prepare them for work in a variety of fields . Scott Fontechia , an employment specialist with the Learning Academy , works with clients , who for example , may not wish to attend an office party or may have more difficulty reading social cues , but who often ramp up for jobs in rapid time when given the opportunity . Although every individual is different , Fontechia said that , on average , autistic individuals have a higher IQ , are “ entirely capable and good at what they do ,” and are generally extremely honest and loyal . They tend to flourish with a routine , often prefer more predictable work , and as a result , are more likely to stay with an employer for longer periods of time where they feel comfortable and can succeed . He frequently advises employers to create more individualized training in an autistic employee ’ s professional development , because they may learn differently or need more consistent feedback to ensure they are on track .
“ Universal design ” means that something which may help people with disabilities can be an improvement for all , such as sliding glass doors , captions , and larger bathrooms . Reasonable accommodations for people with disabilities such as flexible working conditions , opportunities to work from home , and more feedback with supervisors are likely to be appreciated by all employees , which may simultaneously make it easier to hire and retain people with disabilities . With labor shortages and a global focus on enhancing accessibility in all aspects of our lives , NDEAM ’ s theme was an ideal choice in this unusual year . Working with organizations such as the Learning Academy will help us tap into new potential employees , increase the diversity of our workforce , and ultimately improve the quality of life for all .
THE DOCKET · OCTOBER 2021 13