October is National Disability Employment Awareness Month. Why is this important to know? The CDC says that 28.7% of adults in the U.S. (about 70 million people) have a functional disability. Many of these individuals are in the workplace. And many more want to be (disabled vets are struggling to find post-military employment). According to Disability: IN: “companies that prioritize disability inclusion outperform their peers in innovation, engagement, and economic resilience.”
What the law requires
Federal law seeks to protect people with disabilities from discrimination in the workplace:
- Americans with Disabilities Act requires employers with 15 or more employees to make reasonable accommodations for job applicants and employees with a disability. This includes, for example, providing adaptive computer hardware (e.g., a larger screen) and software (e.g., for speech recognition).
- Rehabilitation Act of 1973 prohibits discrimination on the basis of a disability in programs run by federal agencies or receiving federal financial assistance, as well as by federal contractors.
Some states, including California, New York, and Washington, have more expansive protections for individuals with disabilities in the workplace. For example, the laws apply to all employers (no exemption for small businesses) and more broadly define disability.
Best policies and practices
There are a number of good policies and practices you can follow to be a disability-sensitive workplace:
1. Adopt inclusive practices.
Disability: IN lists disability inclusive practices, which include:
- Provide physical accessibility for company buildings
- Have a nondiscrimination policy during the recruitment process
- Provide flexible work options
- Have a disability accommodation policy
- Encourage voluntary self-identification of disability status
- Have a formal disability accommodation procedure
2. Implement no- and low-cost actions.
Besides what the law requires you to do, consider adopting no- or low-costs actions that can help employees regardless of the extent of their medical needs. For example, offer:
- Flex time or remote work. Many employees—with and without disabilities—may prefer to set their hours and/or work full-time or occasionally remote. This is a no-cost benefit.
- Ergonomic equipment. An ergonomic keypad is a nominal cost and can increase employee productivity. Amazon has over 1,000 ergonomic items. These include chairs, seat cushions, adjustable stands for laptops and computers, and more.
3. Get documentation.
It’s always a good idea to request documentation from a health care provider for employees who seek accommodations. The documentation should show the need for an accommodation, but not a medical diagnosis (e.g., that a person has a back condition restricting what can be lifted but not the cause—diagnosis—for the condition. This will establish a procedure and avoid claims that you are showing favoritism when granting (or not granting) accommodations.
4. Check insurance coverage.
Don’t overlook disability coverage and workers’ compensation. A handful of states mandate employers to provide short-term disability coverage funded by employer and/or employee payroll taxes. Learn about workers’ compensation laws in your state.
Minimizing costs
Accommodating employees with disabilities doesn’t have to bankrupt you. Take advantage of tax breaks to offset some costs:
- Tax credit for reasonable accommodations. You can claim the disabled access credit of 50% of qualified expenses over $250 but not over $10,250, for a maximum annual credit of $5,000. This credit is limited to small businesses: Those with revenue not exceeding $1 million or having no more than 30 full-time employees in the previous year.
- Tax deduction for certain construction costs. If you make structural changes to your facilities to accommodate a disability and be ADA-compliant, you may be able to deduct up to $15,000 annually. The deduction is for removing architectural barriers, such as lowering water fountains and resetting bathroom mirrors at wheelchair height, or making other changes, such as adding more handicapped parking spaces. No special form or schedule is needed.
Note: You can claim both tax breaks in the same year, but not for the same expenses.
Final thought
“I wish for a world that views disability, mental or physical, not as a hindrance but as unique attributes that can be seen as powerful assets if given the right opportunities” – Oliver Sacks
The DOL’s Office of Disability Employment Policy offers resources for employers interested in hiring individuals with disabilities. There’s also the Campaign for Disability Employment, which emphasizes what employees with disabilities CAN do. You can access disability statistics through Cornell’s Disability Statistics.
For more about disability and the workplace, see this list of blogs.
