HOW ODEP SHARES SITUATIONS AND SOLUTIONS FOR WORKPLACE ACCOMMODATION FOR PERSONS WITH DISABILITIES... (624 hits)
For Immediate Release From ODEP!
When JAN started in 1983, one objective of the program was to gather and share information about effective workplace accommodation solutions to help more employers across America successfully employ disabled workers. JAN users often ask what accommodations have worked for others in similar situations. The Situations and Solutions Finder is an AskJAN.org feature that provides access to more than 700 accommodation scenarios shared by JAN users that employers and workers with disabilities can explore.
The Situations and Solutions Finder draws on information collected from JAN customers. JAN receives this information from customers who choose to provide feedback, usually in an email or through an ongoing survey conducted by JAN where employers contribute information about workplace accommodations. Participating employers represent government agencies and diverse industry sectors, including healthcare, education, manufacturing, service, wholesale/retail sales, etc., and span from very small businesses to global corporations. According to JAN survey findings, workplace accommodations are typically low-cost and positively impact the workplace in many ways. To learn about the costs and benefits associated with workplace accommodations, read Workplace Accommodations: Low Cost, High Impact.
The situations and solutions included in the Situations and Solutions Finder are examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every individual or workplace but offer ideas about the types of accommodations that may be possible. The Situations and Solutions Finder lets users explore various accommodation scenarios by searching for examples based on Disability, Limitation, and Occupation. Various disabilities and health conditions are represented. JAN offers practical guidance on workplace accommodations and information about the Americans with Disabilities Act (ADA) employment provisions but does not provide legal advice or determine if a health condition qualifies as a disability under the ADA. Examples in the Situations and Solutions Finder do not imply any specific condition is a disability.
It's important to note that the Situations and Solutions Finder is not a comprehensive resource for accommodation information. For answers to specific questions about workplace accommodation situations, contact JAN directly for a free consultation, and/or use JAN’s A to Z resources.
Labor Gaps as Opportunities: How Workforce Shortages Can Impact Employment for People with Disabilities
The pandemic accelerated technological advances and demographic shifts in society, significantly impacting the employment landscape. Changes in the style and structure of work, including remote work—combined with the renewed worker focus on personal priorities—have created challenges and opportunities for many industries seeking to fill open positions.
The resulting labor shortages present opportunities for people with disabilities seeking employment. Both public sector and state-based, private sector incentives for employers who want to hire workers with disabilities can increase employment opportunities for disabled individuals.
Workers With Disabilities Can Fill Public Sector Job Vac
Workers With Disabilities Can Fill Public Sector Job Vacancies State government is one of many sectors struggling with labor shortages. To address this issue, state and local policymakers have pursued creative strategies to recruit, promote, hire and retain state government employees, including those from historically underemployed groups.
One approach seeks to increase the participation of people with disabilities in the labor force, often through the adoption of State as a Model Employer policies. SAME policies are formal initiatives by state governments to promote inclusive employment practices for disabled people.
For example, New York passed legislation mandating state agency website accessibility and allowing employees with disabilities to work part-time in certain state jobs. California mandated that state agencies develop reasonable accommodation policies for workers. Massachusetts operates a Reasonable Accommodation Capital Reserve Account designed to supplement existing agency resources. The Council of State Governments, in collaboration with the State Exchange on Employment & Disability, provides resources on SAME policies enacted across states.
State governments have also reduced barriers for people with disabilities and other historically underrepresented groups by streamlining hiring processes. One strategy involves shifting to skills-based hiring, which assesses a candidate’s relevant experience and expertise rather than their level of education.
As of October 2024, at least a dozen states have removed degree requirements from state employment, and others have taken similar steps. For example, in 2022, Colorado Gov. Jared Polis issued an executive order mandating the state to evaluate whether degree requirements can be removed from positions. In 2023, in an effort to increase the number of applicants for state positions, Arizona enacted legislation mandating reviews of all state roles to determine whether four-year degree requirements could be removed. Virginia Gov. Glenn Youngkin also recently removed degree requirements from most state jobs.
Implementing hiring preferences for historically underrepresented groups in the public sector is another strategy. For example, Virginia in 2022 and West Virginia in 2023 mandated state hiring preferences for underrepresented groups, such as veterans and people with disabilities.
Historically, the apprenticeship model has been associated with trades, but policymakers are increasingly using this strategy to fill public sector roles—or at least make them more accessible to people without formal education.
In 2023, Idaho enacted legislation to remove funding barriers for state agencies hiring apprentices. Virginia enacted legislation in 2022 directing the Board of Workforce Development to draft recommendations to create an office dedicated to apprenticeships. Washington created a committee of state agency human resources managers to develop public sector apprenticeship programs. Ohio’s Vocational Apprentice Program provides apprenticeship opportunities for people with disabilities. This broadening of the apprenticeship model can help historically underrepresented workers, including those with disabilities, access a career in the public sector.
Incentives and Supports Can Benefit Both Employers and Workers in the Private Sector The private sector has also addressed workforce shortages by embracing talent pools historically underrepresented in the labor force. Several states have enacted legislation in recent years incentivizing employers to hire people with disabilities, including creating and/or increasing tax credits for businesses that do so. Maryland increased the wages eligible for the credit from the first $9,000 earned to the first $15,000 earned. In 2023, North Dakota increased the tax credit offered to employers from 5% to 25% of $6,000 in wages for hiring a person with a developmental disability or severe mental illness.
Inclusive hiring means people with disabilities have equitable access at every stage of the hiring process. Inclusive hiring processes benefit both disabled employees and employers because they foster a welcoming work environment by design, leading to long-term success. Prioritizing disability inclusion also offers employers access to a wider range of talent, improves employee morale, and boosts productivity. EARN offers a variety of tools, resources, and practical tips to help employers put inclusive hiring practices into action.
When military personnel transition to civilian employment, America’s businesses stand to benefit. Veterans offer organizations of all sizes in all industries a source of qualified, committed job candidates with transferable skills proven in real world situations. Veterans grasp new concepts quickly and work well both independently and as part of a team—highly valued skills in any workplace. During their service, some veterans may have acquired disabilities, whether visible or not, that can impact everyday activities, including with respect to employment.
America’s employers have an important role to play in ensuring veterans' success in the workplace. Often, a few simple workplace adaptations are all that is necessary for an employer to benefit from a dedicated, skilled employee who has sacrificed in service to our nation.
Employers who hire disabled veterans may qualify for certain tax incentives. For employers who are federal contractors and subcontractors, there are additional reasons to proactively recruit veterans— doing so can help them achieve their goals under the Vietnam Era Veterans’ Readjustment Assistance Act as well as Section 503 of the Rehabilitation Act. Through a range of initiatives, the Federal Government has also pledged to be a model employer of veterans, including those with disabilities.
Regardless of the nature of employer, the following frequently asked questions may assist in understanding issues related to hiring disabled veterans. You can also learn more about supporting disabled veterans in the workplace on the National Organization on Disability's website.
Hiring Veterans with Service-Connected Disabilities What happens when veterans with service-connected disabilities leave the military? Veterans with service-connected disabilities typically follow one of five tracks to employment when separating from the military. The track that they choose will determine the actions they must take prior to their separation. The five tracks are: reemployment with their previous employer; rapid access to employment; self-employment; employment through long-term services; or independent living services.
What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)? The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. § 4301 – 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present or future military service. The federal government is to be a “model employer” under USERRA (38 U.S.C. § 4301). For more information on USERRA visit the Veterans’ Employment & Training Service (VETS) website.
How does USERRA differ from the Americans with Disabilities Act (ADA)? USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. It also protects the reemployment rights of those who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia and territory (e.g., Guam) National Guards.
Both USERRA and the ADA include reasonable accommodation obligations; however, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job. The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the position.
Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities with respect to hiring, promotion, termination, and other terms, conditions and privileges of employment. The ADA also prohibits disability-based harassment and provides that, absent undue hardship (“significant difficulty or expense”), applicants and employees with disabilities are entitled to reasonable accommodation.
Is a veteran with a service-connected disability automatically protected by the ADA? No. A veteran must meet the ADA’s definition of disability. The ADA defines an “individual with a disability” as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. This definition of disability may differ from the definition used in other laws. For example, the term “disabled veteran” means an individual who has served on active duty in the armed forces, was honorably discharged, and has a service-connected disability or a disability that was aggravated during active duty, or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department. For more information about the employment rights of veterans with disabilities, read the Equal Employment Opportunity Commission’s (EEOC) guide “Veterans and the Americans with Disabilities Act: A Guide for Employers.”
