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“Disorder” vs. “Disability”
Remember, “disorder” is not synonymous with “disability”. A person may indeed have a disorder, but may not necessarily be disabled under the ADA. A disorder is only considered a disability if it “substantially limits” one or more “major life activities”, including performing manual tasks, speaking, learning, working, thinking, concentrating, and interacting with others. Employees are considered “substantially limited” in the workplace only if they are unable to perform many jobs, not just one position. “Hidden” vs. “Visible” It is also important to recognize the distinction between hidden disabilities and visible disabilities. Hidden disabilities cannot be directly inferred from observation. Most often people with hidden disabilities have to disclose in order for others to acknowledge and accommodate their disabilities. Visible disabilities, on the other hand, are obvious to others and do not necessarily require disclosure for acknowledgment or accommodation. For instance, physical/mobility impairments constitute visible disabilities, as do most visual and hearing impairments (although there are cases where a person has partial vision or hearing and this may be “hidden”). Regardless of the terminology used, the bottom line is: don’t assume a person does not have a disability just because it isn’t noticeable. HR Policy Since some disorders are considered disabling conditions under the ADA and others are not, employers should have policies established that clearly describe what documentation will be required to determine if accommodations are appropriate. Employee handbooks should contain information that not only informs employees of the organization’s EEO policy, but also addresses the employee’s rights under the ADA. The employee handbook may contain a simple statement such as this: “It is [Employer]'s policy that we will not discriminate against qualified individuals with disabilities with regard to any aspect of their employment. [Employer] recognizes that some individuals with disabilities may require accommodations at work. If you are currently disabled or become disabled during your employment, you are invited to contact [management or designated contact employee] to discuss reasonable accommodations that may enable you to perform the essential functions of your job.” (http://www.probonopartnership.org/PBPGuide/frame.htm) It is advisable for the Human Resources Department to have an internal written policy that outlines specifically what documentation is required to support requests for accommodation. This documentation may vary depending on the type of disability, but will typically include a medical examination and doctor’s report. If the employer is requiring documentation, it must also have someone who is qualified to review and analyze the information. The ADA requires that employers post a notice in an accessible format to applicants, employers and members of labor organizations, describing the provisions of the Act. Even so, it’s a good idea to incorporate the information into the training for all employees. Training Managers/Supervisors While many HR professionals have a base of knowledge concerning disabilities and the ADA, most managers/supervisors do not. Since it is likely that these individuals will be the ones to whom the employee will disclose her/his disability, it is very important for the managers/supervisors to have an understanding of the employee’s rights and their responsibilities. All managers/supervisors should be required to participate in regular training regarding how to accommodate employees with disabilities. They can also be encouraged to promote an environment that respects differences and appreciates the unique skills that individuals bring to the workplace. Universal Design (UD) "Universal design is the design of products & environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design." "The intent of the universal design concept is to simplify life for everyone by making products, communications, and the built environment more usable by more people at little or no extra cost. The universal design concept targets all people of all ages, sizes, and abilities." (Center for Universal Design) The concept of UD can be applied to all aspects of the workplace, not just the physical realm, and can make life easier for all employees, not just those with disabilities. The seven principles* for universal design are:
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