Tips for Destigmatizing Accommodations and Creating a Disability-Friendly Culture

Based on data from the Equal Employment Opportunity Commission (EEOC), there were 24,238 charges filed for disability discrimination in fiscal year 2019. While not all charges were substantiated, this number alone, which accounted for 33.4% of all charges received by the EEOC, should have employers asking themselves, "Are we taking the right steps for our employees with disabilities?"

In many ways, the Americans with Disabilities Act (ADA) is filled with complexities and nuances that can confuse even the most well-versed in the law. It is no surprise then that when it comes to fulfilling obligations under Title I, which requires employers to provide reasonable workplace accommodations to qualified individuals with disabilities, many employers miss the mark. Even worse at times, many employers do not know where to begin in the process because of their fears or perceptions of disabilities and accommodations.

Obligations to accommodate

To help employers navigate Title I obligations, it is important to take a less complex look at what this regulation means.

In its simplest terms, Title I of the ADA requires employers to provide reasonable and effective workplace accommodations that will enable qualified individuals with disabilities to perform the essential functions of their position. While the employee is generally responsible for requesting an accommodation, they are not required to do so in writing, and there are no specific words they’re expected to use in such a request. Although this can prove challenging for employers to know whether their employee needs an accommodation, one of the easiest things an employer can do when they’re uncertain in these scenarios is to ask the employee, "How can I help?" It’s an easy question that can lead the employer and employee into an interactive process — a meaningful dialogue designed to assess what accommodations can be provided to the employee.

Creating a welcoming environment

One of the most important parts of providing reasonable workplace accommodations is creating an environment where your employees feel welcomed, valued, and, most importantly, comfortable disclosing that they need an accommodation so they can engage in an effective conversation to discuss their needs. While every employer will have their own approach to this, there a few simple things that can be done to create a welcoming disability culture:

1. Have accommodation information in your new hire orientation or on-boarding program. Provide information such as whom employees can contact for accommodations and where to locate any applicable forms or steps to the process.
2. Use sensitive language in your training and conversations. Consider person-first language as a general rule, i.e., "individual with a disability" instead of "disabled person." Everyone has personal preference for how they're labeled, but person-first language is usually considered appropriate.
3. Provide manager training on accommodations. Although managers are not expected to be ADA experts, providing basic ADA training can enable them to know if their employee may need an accommodation, and how to be a better partner through the process.
4. Have a designated ADA coordinator or consultant of some kind. This will enhance employees' comfort in disclosing their limitations and needs, as well as ensure a neutral party is involved in the accommodation decision process.

The benefit to accommodating

Now having a basic understanding of Title I obligations and seeing ways to create an inclusive and disability-friendly work culture, it’s important to also consider the benefits of accommodating individuals in the workplace.

According to Glassdoor, the average cost of hiring and on-boarding a new employee is approximately $4,000 per hire. While there may be accommodations that come with a cost, such as an ergonomic chair, speech to text software, or screen-readers, on average, accommodations cost less than $500 and are often a one-time expense. Many times, though, an employer can provide accommodations at no cost at all, such as removing fluorescent light bulbs for those with migraines, providing documents in advance for those with processing disorders, and more.

When an employer considers the investment they’ve made for their new hire, they've done so because the person is talented and the right fit for the role. So when that same individual requires an accommodation, wouldn’t it make sense to continue investing in them? By supporting them with reasonable accommodations, the employee is enabled to perform their role successfully, and the employer retains the talent they not only wanted in the organization but contributed a high cost to obtain.

Remember, given the broad scope of the definition of a disability, a physical or mental impairment that substantially limits one or more major life activities, anyone can acquire a disability at any point in their life. While you may not have a disability now, consider the environment you’d want and expect from your employer if you ever need an accommodation, and strive to create that environment now for those who currently need it.