Discrimination against people with disabilities in the workplace is a real and ongoing issue. Despite efforts to promote diversity and inclusivity, many individuals with disabilities still face unfair treatment at work. This can range from being overlooked for job opportunities to being denied equal pay or chances for promotion. These discriminatory practices not only hurt individuals but also hold back companies from benefiting from the unique skills and perspectives that people with disabilities bring to the table. It’s crucial to address these issues to create workplaces where everyone, regardless of their abilities, can feel valued and have the chance to succeed.

People with disabilities often face significant challenges when it comes to securing job opportunities, as they are frequently overlooked or underestimated by employers. Despite possessing valuable skills, qualifications, and experiences, they may encounter various barriers in the job search process. For instance, unconscious biases and stereotypes about disability can lead employers to underestimate their abilities or assume they are incapable of performing certain tasks. Additionally, inaccessible recruitment processes, job requirements that do not accommodate their needs, and a lack of awareness about disability-related accommodations further hinder their chances of being considered for employment (Tani et al). As a result, many qualified individuals with disabilities may find themselves excluded from job opportunities, depriving them of the chance to contribute meaningfully to the workforce and fulfill their career aspirations.

Disability laws mandate that employers in private, federal, and state/local government sectors must offer reasonable accommodations to job applicants or employees with disabilities unless it causes undue hardship. These accommodations can help individuals apply for jobs, perform job duties, or enjoy employment benefits. Examples include workplace accessibility adjustments, assisting visually or hearing impaired individuals, schedule changes, telework options, disability-related leave, or job reassignments if necessary (Tani et al). Employers are only allowed to provide accommodations if they pose an undue hardship, meaning it would be excessively difficult or costly considering the employer’s size, financial resources, and business needs. However, an employer cannot reject an accommodation solely based on cost and must provide an effective alternative (More than just double discrimination: a scoping review of the experiences and impact of ableism and racism in employment). If multiple accommodations are effective, the employer can choose which one to provide.

In July 2021, the U.S. Bureau of Labor Statistics found that nearly half of unemployed people with disabilities faced challenges getting jobs, down from previous years. These obstacles included their disabilities, lack of education or training, job requirements, and transportation issues. Also, more than half of those already employed with disabilities had trouble doing their job because of their disabilities. This information came from a survey conducted alongside the regular July 2021 employment survey, which looks at job trends. Over 32 million adults in the US aged 16 and above had a disability (Persons with a Disability: Barriers to Employment and Other Labor-Related Issues ). These individuals tend to be older, with nearly half of them being 65 or older, compared to only about 17.5 percent of those without disabilities. Women made up a slightly larger portion of the disabled population, likely because they generally live longer. Regarding education, fewer disabled adults had a bachelor’s degree or higher compared to those without disabilities. Employment-wise, only about 1 in 5 disabled individuals were working, which is much lower than those without disabilities. Among those who weren’t working, nearly 44 percent reported facing barriers to employment, with most citing their disability as the main obstacle. However, this was a slight improvement from 2019 (Persons with a Disability: Barriers to Employment and Other Labor-Related Issues ). Overall, the employment challenges were slightly less prevalent in 2021 compared to two years prior for all major groups.

From the same data set, a significant proportion of individuals with disabilities who were not actively working had previous employment experience, slightly lower than in 2019 (Persons with a Disability: Barriers to Employment and Other Labor-Related Issues ). Among this group, women with disabilities were more prevalent than men in having prior work experience. The likelihood of having past employment increased with age, with almost all individuals aged 65 and above having been employed before. Furthermore, those with higher levels of education were more inclined to have previous work experience. Moreover, a small percentage of people with disabilities reported utilizing career assistance programs in the last five years, showing a slight decrease compared to 2019 (Persons with a Disability: Barriers to Employment and Other Labor-Related Issues ). Notably, unemployed individuals with disabilities were more likely to seek such programs compared to their employed or inactive counterparts, and younger individuals tended to utilize them more than older ones.

Employment laws safeguard the rights of job seekers and employees with disabilities across various stages of employment (Disability and work inequalities). During recruitment, employers are barred from inquiring about disabilities or conducting medical examinations until a job offer is made. Even post-offer, they can only seek disability-related information or medical tests if it’s standard practice for all applicants in similar roles, and they can rescind an offer only if the individual cannot safely perform the job, even with accommodations (Employment Rights for Those with Disabilities). Once employment commences, disability inquiries are limited to cases where it’s necessary for accommodation or if there’s evidence of its impact on job performance (Disability Discrimination and Employment Decisions). Confidentiality of medical information is mandated. Harassment due to disability, including creating a hostile work environment or making offensive remarks, is unlawful (Employment Rights for Those with Disabilities). Employees are shielded from retaliation for asserting their rights, such as lodging discrimination complaints, and employers are prohibited from meddling with these rights. Discrimination based on association with a disabled individual is also proscribed. While federal laws may not mandate employers to accommodate an employee’s caregiving duties for a disabled family member, other regulations like the Family and Medical Leave Act (FMLA) could be applicable.

Discrimination against individuals with disabilities remains a persistent issue in the workplace despite ongoing efforts to promote diversity and inclusivity. This discrimination can manifest in various forms, from being overlooked during the hiring process to facing barriers to career advancement and equal pay opportunities. Such practices not only harm individuals but also deprive companies of the unique skills and perspectives that people with disabilities bring to the workforce. Addressing these challenges is essential to cultivate workplaces where everyone, regardless of their abilities, feels valued and has equal opportunities to thrive. Legislation mandates that employers must provide reasonable accommodations to individuals with disabilities, ensuring they can effectively participate in the workforce. However, enforcement and awareness of these laws are crucial to combatting discrimination and fostering truly inclusive work environments. By promoting equal access and opportunities for individuals with disabilities, we can create workplaces that celebrate diversity and empower all employees to reach their full potential. 

Works Cited

Fuentes, Kristina, et al. “More than Just Double Discrimination: A Scoping Review of the Experiences and Impact of Ableism and Racism in Employment.” Disability and Rehabilitation, vol. 46, no. 4, 1 Feb. 2023, pp. 1–22, https://doi.org/10.1080/09638288.2023.2173315.

Sang, Katherine J. C., et al. “Disability and Work Inequalities.” Www.elgaronline.com, Edward Elgar Publishing, 12 Mar. 2024, http://www.elgaronline.com/edcollchap/book/9781800886605/book-part-9781800886605-30.xml. Accessed 25 Apr. 2024.

Tani, Karen, and Katie Eyer. “Disability and the Ongoing Federalism Revolution.” Yale Law Journal, 1 Jan. 2024, p. 669, scholarship.law.upenn.edu/faculty_articles/341/. Accessed 25 Apr. 2024.

Works Cited

Works Cited

“Employment Rights for Those with Disabilities – DRC NH.” DRCNH, 4 June 2021, drcnh.org/disability-issue-areas/employment/. Accessed 25 Apr. 2024.

“Persons with a Disability: Barriers to Employment and Other Labor-Related Issues News Release – 2021 A01 Results.” Www.bls.gov, http://www.bls.gov/news.release/archives/dissup_03302022.htm.

U.S. Equal Employment Opportunity Commission. “Disability Discrimination and Employment Decisions.” US EEOC, http://www.eeoc.gov/disability-discrimination-and-employment-decisions.