From the desk of Tracie DeFreitas, M.S., Program Leader, Director of Training and Outreach
Educating the workforce about the Americans with Disabilities Act (ADA) and workplace accommodations goes beyond displaying an equal opportunity poster. Actively informing employees can raise awareness and help businesses foster a more knowledgeable and disability inclusive work environment. This awareness can decrease the chances of discrimination and boost productivity by highlighting the benefits of providing reasonable accommodations. Numerous methods exist for educating the workforce. Consider these strategies:
Train HR Professionals, Supervisors, and Managers. JAN cannot stress this enough. Train management staff on the ADA and accommodations – early and often. These key employees will have a significant impact on job performance success rates if properly informed, trained, and equipped with the information and tools necessary to comply with the ADA and engage in the interactive process. Here are some training tips that will benefit any management team:
- Inform staff about the basic principles of the ADA and reasonable accommodation. They must know the employer’s obligations under the ADA, general accommodation requirements, and how to avoid discrimination.
- Train staff how to recognize and respond to an accommodation request. This is where a formal reasonable accommodation procedure will help management engage and implement accommodations in a way that is fair and consistent. When an employee indicates that a medical condition is causing a work-related problem, a supervisor or manager should treat it as an accommodation request until a definite determination is made.
- Limit the sharing of medical information. Employee medical information should be shared with only those who are considered to be on a need-to-know basis. In many cases, medical information is provided to HR, however, supervisors and managers often do not need to know an employee’s specific medical impairment to implement accommodations. Details about the accommodation may be all that is needed. Knowing fewer details about an employee’s medical impairment will be beneficial when other employees ask questions about accommodations – the manager won’t be in a position to unnecessarily reveal information s/he is not aware of.
- Don’t perpetuate or tolerate harassment. Expect management staff to communicate respectfully and interact positively with employees who have accommodations, as should be expected with all employees. Management should refrain from making negative or derogatory remarks in response to an accommodation request or questions from co-workers about accommodations.
Implement a Reasonable Accommodation Policy … and Tell Everyone About It! There is no requirement under the ADA for employers to follow specific policies and procedures when trying to accommodate an applicant or employee with a disability. However, having a formal reasonable accommodation policy and procedures – and sharing them with everyone – is recommended. A formal process creates a standard of practice for HR professionals, managers, and supervisors to follow, which increases the likelihood that accommodation requests will be handled properly and consistently. When formal policies and procedures are shared with all employees, this helps all workers know about the ADA, how to request accommodations, what to expect after doing so, and also helps them understand (if they personally do not need accommodation) that other employees might be requesting and receiving accommodations.
Make a Statement! … About Reasonable Accommodation. Another way to educate the workforce about the ADA and accommodations is to be sure the organization has a formal reasonable accommodation statement that is widely disseminated. A reasonable accommodation statement can be included as part of an equal opportunity (EO) statement that makes it clear that the organization has no intention to discriminate on the basis of disability or other legally prohibited bases. Employers should consider including an EO/RA statement in job postings, employee handbooks, on websites and intranet sites, in on-line applications, and other sources of workplace policies distributed to applicants and employees. For sample reasonable accommodation and EO statements, see JAN’s Consultants’ Corner article, Making a Statement – About Reasonable Accommodation and Equal Opportunity.
Incorporate ADA & Accommodation Practices Into the Onboarding Process. Once a candidate is chosen and has accepted a job, some employers consider onboarding to be the final step in the hiring process. The purpose of onboarding is to welcome new employees and smoothly integrate them in their positions and company culture. Accommodations need to be in place as soon as possible so onboarding can be as equitable and comfortable for new hires with disabilities as it is for new hires who do not identify as living with a disability. Employers have a duty to provide reasonable accommodations to qualified individuals with disabilities during onboarding, upon request, unless doing so would create an undue hardship. For more information see Incorporate Reasonable Accommodation Practices into your Onboarding Process.
Observe National Disability Employment Awareness Month (NDEAM). Did you know that October is National Disability Employment Awareness Month (NDEAM)? This month is an excellent opportunity to highlight disability employment issues and show a commitment to an inclusive workplace through disability inclusion training or informal educational events, which can include information about the ADA and workplace accommodations. The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) makes it easy to observe and celebrate NDEAM by creating an annual theme and providing free promotional materials. The NDEAM theme aims to raise awareness about disability inclusion and employment and helps employers foster inclusive workplaces. ODEP offers ways employers and their employees can participate in NDEAM activites during October and all year long.
Leverage Online Information Sources. Social media sites like Facebook, X, and LinkedIn can be used to share information related to disability employment issues, the ADA, and accommodations. Share useful facts and resources to enable the workforce to easily seek out information. For example, share information about the JAN service, post links to EEOC documents about the ADA, tell the workforce about October being National Disability Employment Awareness Month, or share information posted by trusted organizations. Include a disability inclusion related segment in a newsletter article distributed to the entire workforce (i.e., HR's ADA Column, Accommodation Corner, etc.). Add a page on your organization’s Website or intranet that links to information for all staff about your organization's reasonable accommodation policy, how to access resources to assist with the interactive process, and how to request an accommodation. Create a site designed for HR and management staff to easily access training on the accommodation process and the ADA. See JAN's Newsletter, Consultants' Corner, and various social media platforms at AskJAN.org for ideas about how to use social media to communicate disability-related information.
Use JAN Resources to Educate the Workforce. Everyone has access to a free service that provides expert accommodation process guidance and practical solutions to help employers and people with disabilities find effective workplace accommodations. Ask JAN! We can help. Explore the AskJAN.org website or contact JAN to receive consultation and information on workplace accommodation solutions and the ADA.
