Getting a job can be difficult for disabled people, and when they do get one, they sometimes face a host of problems at the workplace. In order to ensure the rights of disabled people at workplaces, the government has enacted certain laws that protect the rights and accommodations of people with disabilities.
An employer is bound by law to provide legal rights and proper accommodation to disabled workers. These laws include the Americans with Disabilities Act (ADA), Rehabilitation Act, the Work Force Innovation and Opportunity Act, and the Vietnam Era Veterans’ Readjustment Assistance Act.
In this article, we will discuss these laws in detail so that people with disabilities can understand their right to proper accommodation in workplaces.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) was first passed in 1990 as a civil rights statute. It prevents employers from discriminating against disabled workers in the workplace. State and local governments, as well as private businesses, must comply with the ADA if they employ 15 or more people.
Under the ADA, employers are required to provide reasonable accommodations to their workers who have disabilities. Reasonable accommodations are adjustments or modifications made to enable the disabled worker to perform the essential function of their job.
In addition to prohibiting discrimination against disabled people in the hiring process, the ADA also prohibits discrimination in the process of promotion, compensation, and other terms and conditions of employment. It is the responsibility of employers to provide accessible working facilities to disabled workers.
For example, employers can offer support to individuals with disabilities through relatively simple initiatives, such as providing a screen reader to facilitate web surfing for visually impaired individuals or offering ergonomic chairs to prevent discomfort for those who cannot stand for extended periods. These accommodations demonstrate a commitment to inclusivity and accessibility without necessitating substantial financial investments.
The ADA also protects employers. If the provision of accommodation results in imposing an undue burden on the business, then the employer can decline to provide the accommodation.
The business may also be exempt from taking such measures if it provides evidence that such measures will have a negative effect on the business.
Rehabilitation Act
The Rehabilitation Act is another piece of legislation that prevents disabled people from discrimination at workplaces and ensures proper accommodation.
This was drafted to update and modernize the Vocational Rehabilitation Act (VRA) and to provide additional protection for people looking for work.
Some of the most important provisions of the law include:
- Section 501: Federal agencies are prevented from discriminating against qualified individuals with disabilities, and they need to take affirmative action on behalf of these individuals.
- Section 503: Employers who hold contracts or subcontracts with the federal government and have a value exceeding $10,000 are required to take affirmative action to employ and advance in employment qualified individuals with disabilities.
- Section 504: Initiatives or activities funded by the federal government are also prohibited from discriminating against disabled people.
These clauses encompass large groups and organizations across the country. This safeguard reaches far into the private sector because non-discriminatory laws are binding on the entities that receive federal funding.
Workforce Innovation and Opportunity Act (WIOA)
The Workforce Investment Act of 1988 was replaced by the Workforce Innovation and Opportunity Act of 1914. This law was also introduced to make amendments to three already existing laws. These laws include the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act.
WIOA was the first legislation to reform the public workforce system in 15 years, and it was approved by a large majority of both parties. Under WIOA, states were funded and directed to create strategies to upgrade the training programs for people with disabilities.
Accountability and transparency in utilizing these funds were also ensured by the law. The training programs initiated for people with disabilities require that federal investment be data-driven, evidence-based, and responsible.
This indicates that the training programs must bring positive results. They should not be symbolic or make empty promises.
Employers can also take advantage of WIOA’s service for in-house training programs. As a result, businesses can recruit people with disabilities immediately and provide them with instruction related to different jobs with the help of training programs.
This law aims to help people with disabilities by equipping them with the necessary skills needed at the workplace. This improves their chances of getting selected for jobs and opens up more opportunities for them.
Vietnam Era Veterans’ Readjustment Assistance Act
The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) was promulgated in 1974 to aid those veterans who were returning home to find jobs. It became difficult for disabled veterans to find jobs because employers were reluctant to hire them.
Those employers with government contracts or subcontractors are obliged to make reasonable accommodations for disabled veterans.
This law has gone through continuous revision since its promulgation.
The last time it was changed was in 2013. These changes were introduced to define key terminology in the law (such as protected veterans) and provide businesses with specific instructions regarding veterans to follow. Initiated in the Vietnam era, this law still protects veterans across the globe.
How to Ask for Reasonable Accommodation
If you need reasonable accommodation, the first thing to do is talk to your employer. Explain to your employer the kind of accommodation that you need and why it is essential for you to perform your job effectively. Your employer should be able to provide you with the form to fill out.
Describe your disability, the accommodation you require, and why this accommodation is required in a particular space.
After filling out the form, you are required to submit it to your employer. Your employer will review the form, and if you are granted the accommodation, your employer should provide your written agreement.
What to Do if the Request for Reasonable Accommodation is Denied
If your request is denied, you have the right to submit a complaint to the Equal Employment Opportunity Commission (EEOC). It is the responsibility of the EEOC to ensure that the Americans with Disabilities Act is enforced.
EEOC can also serve as a mediator in case of a dispute with the employer. You can also get legal help from them in cases of discrimination or harassment.
Conclusion
All these acts have been enacted to provide equal opportunity for disabled people to secure reasonable accommodation in the workplace. By taking advantage of these laws, people with disabilities can participate fully in the workplace.
