Disability Employment Rights
written by Raymond E. Montgomery Sr.
On July 26, 1990, George H. Bush signed the Americans with Disabilities Act (ADA); This civil rights law prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights as everyone else and guarantees equal opportunity for individuals with disabilities.
Under the Americans with Disabilities Act, a person with a disability has the right to ask their employer to provide them with reasonable accommodations in the workplace. A reasonable accommodation is any change to a job, the work environment, or the way things are usually done that will enable an employee to do their job despite having a disability.
A recent study by the Job Accommodation Network (JAN) found that accommodations usually cost little to nothing for employers, with the average being $400.
Even though many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are barriers within the workplace that prohibit individuals with disabilities to apply for or to perform jobs which could be done if some form of accommodation was provided. These barriers range from physical obstacles such as inaccessible facilities or equipment, rules such as set break times, or how essential functions are performed.
To make a reasonable accommodation request, a person must simply ask their employer for the needed accommodations. Even though it is not necessary to bring up the ADA, some employers may not be familiar, so having documents to prove your disability is helpful.
In Conclusion
Reasonable accommodation proves that with some modifications, people living with some form of disability are as capable, talented, and driven as those living without a disability. The Indiana Work to Include (WTI) initiative promotes competitive, integrated employment for people with disabilities, and reasonable accommodations are necessary to make this a reality for many. It is unlawful for an employer to refuse to implement an accommodation request.
If you believe that you have been discriminated against, you can contact Indiana Disability Rights at https://www.in.gov/idr/.
About the writer
Raymond E. Montgomery Sr. has been a regional coordinator for Work to Include (WTI) since July of 2021. Ray also works as an outreach coordinator at a local not-for-profit that creates job opportunities and comprehensive rehabilitation services for individuals experiencing vision loss. Ray is passionate about bringing awareness to the capabilities of people who are blind or have other disabilities. For the past four years, Ray has been heavily involved with the National Federation of the Blind (NFb) and other advocacy groups determine to invoke systemic change for those in the disability community. Ray’s advocacy efforts include working with legislators and other disability-led groups on legislation to protect the rights of parents living with a disability.
As a man who is blind. Ray has experienced discrimination due to his blindness, but never let that stop him from pursuing his goals. He is also a father of three, Purdue graduate, mentor, and advocate. Ray is very excited to be a part of the WTI team and looks forward to working with other WTI teams across Indiana.
Raymond E. Montgomery Sr., Regional Coordinator, Work to Include