Disabled Workers

By Jay Markunas

I’ve just returned from a week long family vacation to the happiest place on earth — Disney World. What really struck me is the friendliness of the Cast Members. Cast Members are personnel who create the park experience and make it run well. They do everything from parking, taking the tickets, running the rides, to performing in the shows. Cast Members almost always seemed to have a smile on their face even when it was cold and rainy. Disney does a great job of hiring staff. Their commitment to hiring good staff - whether disabled or not - is particularly commendable.

ADA
The Americans with Disabilities Act (ADA) is enforced by the Equal Employment Opportunity Commission (EEOC), and is designed to protect workers from discriminatory actions by an employer who employs over 15 employees (as amended in 1994). The ADA doesn’t require an employer hire a person with a disability. Rather the act prevents someone with a disability from being excluded from hiring based on a disability.

For example, suppose two persons apply for a job as a typist and an essential function of the job is to type 75 words per minute accurately. One applicant, an individual with a disability, who is provided with a reasonable accommodation for a typing test, types 50 words per minute; the other applicant who has no disability accurately types 75 words per minute. The employer can hire the applicant with the higher typing speed, if typing speed is needed for successful performance of the job.

An employer cannot make a pre-employment inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how he/she would perform these functions. Although drug usage is not covered by the ADA, an alcoholic is considered a person with a disability and is protected by the ADA if he or she is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.

Employment Resources
The Department of Labor’s Office of Disability Employment Policy (ODEP) provides the following programs to help employers find qualified applicants with disabilities:

• The Employer Assistance Referral Network is a free, nationwide service that connects employers with job placement professionals who can identify qualified candidates with disabilities for their job openings in the company’s geographic area.
• The Workforce Recruitment Program for College Students with Disabilities is a free, nationwide database of pre-screened, qualified postsecondary students and recent college graduates with disabilities who are available for permanent and temporary positions. Employers can search the database by state or job category and obtain specific information on candidates’ qualifications.

Companies are not forced to hire those with disabilities, but those companies that do win my respect. I will continue to support Disney because of their choice to hire those with disabilities. Sound off in our comments of other companies. That company will get my respect (and possibly my business), and you may be helping someone living with a disability.