Employment Update
The last five years has seen important advancements for persons with disabilities in the area of employment. Recently/earlier this spring, Sharon Rennert, Senior Attorney Advisor, for the Equal Employment Opportunity Commission (EEOC) took some time to speak with New England ADA & Accessible IT Center about her experiences and observations of ADA accomplishments over the course of this Grant cycle.
Q. Could you name two major accomplishments in employment under the ADA that you have identified in the last five years and how they have helped people with disabilities?
A: It is harder to identify accomplishments from the perspective of a federal agency. Not being on the “ground level” we are not usually able to see how these things affect people lives.
That being said, I find the State Best Practices Report to be a significant accomplishment of the last five years. In this report, 11 states were looking at and evaluating their role as an employer. Many recognize that the federal government can be a role model in the employment of people with disabilities, but so should and can State governments as well.
The states (cities, small towns, suburban and rural areas) had to evaluate what they are doing to be proactive & more inclusive. They had the chance to review what others are doing, and in the meantime evaluate themselves, take their own review and see what they are doing right and what needs improvement. The can also see what others states are doing and learn from those examples. And because this is a federal agency checking into their practices, they were paying closer attention because we’re there. The participating states were able to see that certain states are excellent in computer and IT issues, while others excel with reasonable accommodations provision and review.
The EEOC has also had great success with our publications and reports that focus on individual disabilities and issues. Most Employers know the basics of how the ADA impacts employment, but they don’t necessarily know how individual circumstances apply. Now they have more specific information on particular conditions. They are able to apply a specific set of facts to their own circumstances.
Q: Can you speak a little about “trends” you’ve identified in the last 5 years?
A: Certainly. Well legally we all know in the first 10 to 12 years the courts overwhelmingly decided in favor of the employers. The courts had a strict and very narrow interpretation of disability and because of this, people with disabilities were not winning their cases. Many felt they were losing ground, and that the ADA being watered down.
However, in the last year or two, I think there has been a definite shift. It is more balanced. in all areas of interpretation of the ADA. It is not a major shift, but it is striking--the courts have moderated themselves. They are doing more detailed, in-depth analysis and consideration of what is “substantially limiting.” These decisions now serve as blueprints for other individuals with disabilities on how they might succeed in their own cases and complaints. They are able to look at these decisions and see that this is the type of evidence they need to have in order to win.
It’s important for the judges as well. They are learning from one other. When a sister court decides that something is a disability -- other courts are paying attention and listening. This is true for interpretations of "qualified” and "reasonable accommodation" as well, not just the definition of disability
The pendulum is coming back a little towards persons with disabilities
