Living and Working With a Disability

Any person of sensitivity knows that living with a disability is an enormous challenge in any society. Without access to real opportunities, a disability can mean an ending to an active life.

At one time, opportunities for the disabled in the workplace were seriously limited. Many disabled people found themselves shut out of jobs by companies that saw them as “undesirable.” Sadly, many corporations and small businesses were simply not open to serving the needs of the disabled or to hiring a disabled person.

Today, however, we are fortunate to live in a time when many more employment opportunities are available to the disabled population.

What changed? In January of 1990, President George H.W. Bush signed the Americans with Disabilities Act into law. The law was a breakthrough in protecting the rights of people with disabilities, as it made it illegal to discriminate against disabled people in many avenues of American life, including in the workplace. This official act gave workplace protection to disabled people, a protection that had not been afforded this group of people in prior legislation, including the Fair Housing Act (which gave protection against housing discrimination to disabled people) and the Rehabilitation Act (which gave protection to the disabled from discrimination by people who receive federal assistance funds).

This is the internationally recognized symbol ...

Image via Wikipedia

Greater awareness of the capabilities of the disabled in the workplace has come along with new developments in resources for the disabled, including wheelchairs that provide greater mobility, and developments in computer technology that allows people with limited physical movement to be more productive on the job.

More is needed in the corporate world, as far as being open to the disabled, but progress is being made. Here at Served First, we’re committed to being part of the solution for disabled citizens everywhere.

Filed Under: Addictions, Disability Tagged With: , ,

Council for Disability Awareness

Council for Disability Awareness

The Council for Disability Awareness is a non-profit organization founded in 2005. They are committed to inform and educate the population through education, research, and communication concerning disabilities and their emotional, physical, and financial impacts.

The mission of CDE is quite simple:

  • Expand public awareness concerning the occurrence of disabilities among the working population
  • Provide helpful resources and information to employers, employees, and their families
  • Increase public knowledge concerning the financial hardships wage earners and their families incur when a disability happens
  • Demonstrate the importance of planning for the event of a disability and the impacts it may have
  • Empower working Americans to make responsible decisions in preparation for and maintenance of their financial security should they become disabled and no longer able to work.

The changes of becoming disabled are higher than one thinks. It is a problem that cannot be ignore once you know the facts:

  • 3 out of every ten individual entering the work force will become disabled before retirement
  • Accidents are usually not the cause of the disability.
  • Health issues such as back injuries, heart disease, cancer, and other major illnesses cause most workers to require long term medical absences.
  • Most injuries are not work related and are not covered under worker’s compensation
  • Many workers are not prepared for this to happen and either don’t have disability insurance or emergency savings to last at least 2 years.

A good way to lower the odds of becoming disabled is to embrace a healthy lifestyle which includes exercise, eating right, avoiding smoking, and drinking only in moderation. Schedule regular appointments with a doctor, take all medications as prescribed, and learn to relax and avoid stress as much as possible.

Filed Under: Disability, Health Care Tagged With: , ,

Disability in the Arts

Finding employment in the art industry has become much easier for people with disabilities. There are more than two million disabled artists working in the United States, and more than 500,000 businesses that employ them. These jobs are not restricted to the performing arts either; there are jobs in many other vocations like visual art and writing. Employment within the arts can refer to teaching dance, managing a box office, stage tech, office assistance, and even working as a lawyer. The National Arts and Disability Center has become a vital resource to the art community, in this case helping disabled artists become more included in the art field.

Another great resource for disabled artists would be VSA arts. VSA is a nonprofit organization that aims at teaching through arts. VSA offers many different programs and job-related opportunities, all of which are nation and worldwide. They also offer an online registry for artists that has both art and information from more than a thousand artists who have disabilities. Disabled artists can find tech support through the National Endowment for the Arts Office for Accessibility. There artists can find out about career offers in the art field, as well as other accommodations like sources for the media. On top of providing wonderful services to artists with disabilities, the NEA also assists aging artists, veterans, and those who are in living facilities.

The teamwork between the National Arts and Disability Center, the National Endowment for the Arts, the VSA, and the Social Security Office have assisted in forums throughout the states, helped overcome difficulties, and offered extended opportunities for artists nationwide living with disabilities. They also offer the chance to mingle within networks and discuss the happenings in the art field with well known leaders in the industry. The VSA provides a great service to any artist willing to take the opportunity to get involved.

Filed Under: Disability Tagged With:

Protecting The Disabled

I think that we can all agree that those among us that suffer from a disability should be afforded additional protection. It wasn’t all that long ago that American’s with disabilities were discriminated against – especially in the work place. In 1990 the government passed a law that was designed to protect disabled citizens and their right to work in our country. The law actually has several different clauses, all aimed at ensuring that the disabled in our country do not suffer from discrimination.

The first part of the 1990 law states that employers cannot use disabilities as a reason for not hiring someone. In other words, a disabled applicant who is qualified for a position must be considered as equal to those who do not have a disability. In theory this protects citizens with disabilities. Unfortunately, except in the most blatant of cases it is often difficult to prove that a potential employer has used a disability to disqualify a potential employer.

Secondly, the American’s With Disabilities Act also states that employers are required to include ‘reasonable accommodations’ for employees with disabilities. This ruling typically means including elevators or ramps and ensuring accessibility in bathrooms and kitchens.

The law applies to both private and government employers and clearly advises those who feel they have been discriminated against to bring attention to the matter. In most cases penalties simply mean making structural changes; however, particularly bad cases are under the prevue of the US Justice Department.

The ADA is goes a step further than The 1973 Rehabilitation Act. The 1973 act was the first act that offered the disabled legal protection. It made it illegal to discriminate against the disabled for any organization that receives federal funding. These two acts form the basis of protection for our disabled citizens. We should always obey them.

Filed Under: Disability Tagged With: , , , , , , ,

Defining The Disabled

The American with Disabilities Act, or ADA, is a bill that protects the rights of the disabled in regards to employment. The act itself is far reaching and actually somewhat vague. This was done purposefully in order to protect a greater number of disabled individuals. While it is vague in several ways, perhaps the most interesting is the way in which it defines disabled.

In order to be considered disabled under the ADA, an individual must meet one of the following criteria:
They must themselves have a disability
The must have an association or recognized relationship with a person who is considered disabled
Mental or physical impairments that limit the ability of the sufferer to perform or participate in at least one life activity qualify as a disability.
Having a record of an ailment or condition that substantially impacts one’s life is considered a disability.
Anyone who others see as disabled can be considered disabled under the ADA.

It is interesting to note that the act itself does not specifically define each and every impairment that would qualify as a disability. Instead the act relies on the qualifications noted above to determine a person’s status.

Once a disabled person has been recognized as such, they are offered protection under the ADA. This protection is designed to prevent discrimination in the work place. Simply put, employers cannot use an employee or applicant’s disability status against them. The law also requires employers to protect their disabled employees by providing them with safe accommodations while at work.

While the ADA includes other provisions, perhaps the most important is also this most vague regulation. By refusing to provide a definitive listing of disabilities, the ADA has afforded protection to more individuals. While the vagueness may seem improper, it may be the acts greatest strength.

Filed Under: Disability Tagged With: , , , , , , ,

Understanding Reasonable

One of the main clauses included in the Americans with Disabilities Act is the need for employers to create ‘reasonable accommodations’ for their disabled employees. This may sound rather vague, but in actuality, the law is rather clear. The procedures and policies contained within it cover ever accommodation issue from understanding a request to implementing a structural change. Both employers and employees are responsible for ensuring that the ADA is adequately followed and implemented.

Employees have the right to make specific accommodation requests. When doing so, they should clearly and plainly state their request in writing. Examples include requesting a different desk to accommodate a wheelchair or schedule changes to accommodate medical treatments. What are not ‘reasonable’ are requests due to comfort reasons or things of that nature. Incidentally, it is permissible for an employer to ask an employee if they are in need of a specific accommodation.

Employers do bear the brunt of the responsibility for the ADA. There are several areas of concern that employers should focus on. The first is general accessibility and includes areas such as wheelchair access and bathrooms. Job resturction and modification of schedules is also sometimes necessary. For example, an employ that needs to attend physical therapy sessions several times a week may need to have their hours modified. Some employers also find the need to modify their actual policies to ensure that they are meeting the standard of reasonable accommodations. Finally, employers should carefully consider the services they offer and the equipment that they use in their space to ensure that it is appropriate for their disabled employees.

“Reasonable accommodations” is an integral part of the ADA. Employers and employees should take the time to understand the law and its implications. By working together and relying on the guidelines, implementing reasonable accommodations.

Filed Under: Disability, Health Care Tagged With: , , , , , , ,

ADAAA: The Next Generation

The ADA Amendments Act of 2008 is the next generation of disability law.

Since the passing of the ADA act in 1990, the Supreme Court has made numerous decisions that have effectively made the act less powerful. In response, the government opted to pass an additional law that would address this problem. The new law, known as the American’s with Disabilities Act Amendments Act of 2008, broadens and defines the definition of disability and, as a result, increased the number of employees covered by the act.

There were several reasons the act was enacted. First was the definition of disability. The original 1990 act relied heavily on the definition found within the Rehabilitation Act of 973. It was believed that the definition, which had stood the test of time, was well understood. Unfortunately ruling by the Supreme Court required a much more strict definition. ADAAA was meant to address that and create a definition that was more in the spirit of the original law.

The new law was created primarily at the behest of the National Council on Disability which met in 2004 and began to make suggestions that the law be addressed again. Throughout the next several years the congress continued to meet and made a variety of recommendations. After a series of negotiations, the final text of the law was written, passed and eventually enacted.

The enactment of the ADAAA has served its purpose and addressed the restrictions the Supreme Court placed on the ADA. In fact the act specifically overturns several of the decisions made by the Supreme Court. The bills, which represent an important change in the way that American’s with disabilities are viewed, have become the cornerstone of many of the hiring practices used by companies across the country. They are likely to continue guiding policies and decision making processes for years to come.

Filed Under: Disability Tagged With: , , , , , , ,

By Order of the President

It is an unfortunate fact that in spite of over twenty years of disability legislation unemployment among the learning impaired and the disabled has continued to rise. Because of this, in July of this year President Barrack Obama issued an executive order aimed at increasing the number of disabled employees employed by the federal government.

His order takes things a step further by giving specific requirements for federal agencies. Under the order these agencies are required to meet specific guidelines for hiring people with mental or physical impairments. It further mandates that strategies and guidelines to develop recruitment and hiring be completed. These guidelines will include mandatory training programs for human resource agents employed by the federal government. In theory these guidelines are designed to create an environment where more positions are available to disabled individual and to support the companies that opt to employ them.

His order takes things a step forward by mandating a commission to develop strategies aimed at employee retainment – specifically disabled employees. It is hoped that through the use of strategies that may include reasonable accommodations for disabled individuals, training, employment support and other initiatives. It is hoped that these guidelines will enable federal agencies to keep disabled employees once they have been hired.

Most studies show that the biggest hurdle faced by any agency or company in regards to their disability programs is retainment. Under President Obama’s order it may be possible to reverse this trend by implementing a series of training courses and guidelines. It is hopeful that this order along with 2008′s ADAAA that the rising unemployment rate among the disabled bay be stemmed. President Obama’s order is the next step towards creating a more equal world – a world in which everyone can be employed, regardless of their physical limitations – a better world.

Filed Under: Health Care Tagged With: , , , , , , ,

Disability History

Unfortunately throughout our history our disabled citizens have had access to fewer opportunities than those who do not have a disability. This is especially true in regards to employment. In the past twenty years, the United States has passed several major pieces of legislation to combat this phenomenon. The legislation makes it illegal for employers to discriminate against employees or potential employees based on religion, sex, race or disability.

The first major piece of legislation passed in the United States was the American’s with Disabilities Act of 1990. This legislation was designed to clearly protect the disabled from discrimination in the work place – specifically during the hiring process. It does not clearly define what makes a person disabled; rather it gives guidelines of what is disabled and what isn’t. For example, the law states that if a person is viewed as disabled, they are considered disabled; however, someone who is disabled due to drug or alcohol abuse is not. The law helped provide disabled people with equal footing with non-disabled people.

Other laws have been passed as well, most notably the ADAAA in 2008 which expanded upon many of the regulations and guidelines found in the original legislation. These laws protect not only employees, but employers as well. The legislation clearly defines guidelines that employers must follow during the hiring process as well as hoe to implement ‘reasonable accommodation’ as required under the law.

By clearly defining the guidelines for hiring and retaining disabled employees, companies can strengthen their employee base. Working closely with the regulations and understanding the benefits disabled employees can bring to the table make it easy to understand why our attitudes towards employing disabled individuals. In spite of the legislation, many of our disabled individuals are still unemployed. Hopefully with more legislation this will change and our disabled citizens will find employment options that were once closed to them.

Filed Under: Disability Tagged With: , , , , , , ,

Integrating Technology

One of the tenants of the ADA of 1990 is in regards to ‘reasonable accommodations.’ This idea requires employers to reasonably accommodate the needs of their disabled employees A good example of this is ensuring that hallways and walkways are large enough to accommodate wheelchairs. One of the primary applications of this tenant is strategies that aim to make assistive technology easily used in the office space.

Assistive technologies are items that allow disabled people to effectively manage their lives and their jobs. Crutches, wheelchairs and walkers are all examples of assistive technology. The problem with these technologies in a traditional work place is that they often don’t ‘fit.’ For example, slick floor surfaces may make using walkers or crutches actually difficult and dangerous. Older buildings that do not offer elevator access make access difficult for employees with mobility issues. The examples go on and on.

Unfortunately, employers often only see the dollar signs attached to including assistive technology into their office plan. While it can be expensive to implement reasonable changes, in many cases, the changes actually improve the quality of their workforce. Without rules and regulations governing the need to accommodate assistive technologies into the workforce whenever it is reasonable, many more disabled Americans would be without work.

It is unfortunate that we, as a civilized society, need to rely on laws to ensure our disabled citizens do not face discrimination. It is hopeful that over the next few years more and more employers will implement programs that take assistive technology in mind. Only by developing work spaces, policies and guidelines within companies themselves can we hope to completely remove the stigma of disability in the workforce. The rules passed by the government are a good start, but they simply are not enough. In spite of 20 years of legislation we will have far too many unemployed disabled people.

Filed Under: Addictions Tagged With: , , , , , , ,
« Older Posts

To the Top