Anthony Law LLC

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Disability Employment Awareness & COVID-19 Unemployment

October is Disability Employment Awareness Month, and 2020 has brought more challenges to disabled workers than the general population. 1 in 5 workers with disabilities has been dismissed from employment due to COVID-19, according to the Bureau of Labor Statistics. Comparatively, 1 in 7 within the general population has lost his/her employment during COVID-19. 

Part of why this statistic is so concerning is that the road back to employment is likely to be much more difficult for workers with disabilities. Many companies lack disability-inclusive cultures, and additionally, many employers don’t have an adequate accommodations process in place. This is generally because few hiring managers receive disability training to effectively onboard new employees. Combined with high unemployment numbers in the general population and fewer job opportunities available due to closures and reduced hours, workers with disabilities are facing fierce competition from a large pool of available labor while continuing to fight the perception that people with disabilities are somehow “less than” workers who don’t face the same challenges. In reality, workers with disabilities are just as capable of being high performers as workers without disabilities when provided the right accommodation.

We hear about implicit bias frequently when discussing race or gender, but it’s important to understand that implicit bias isn’t just limited to race or gender. Individuals with outwardly visible disabilities are often disregarded or presumed to be less capable than their counterparts. Even the most progressive and inclusive employers can fall victim to the implicit bias trap. You may, in fact, strongly oppose discrimination and highly value inclusivity yet still harbor some implicit bias. Because implicit bias is subconscious, we aren’t aware of how a negative stereotype can subtly influence employment decisions, creating barriers to employment for persons with visible disabilities. Overcoming the influence of prejudice requires active awareness of your subconscious biases and a conscious commitment to evaluate your actions and behaviors to avoid any subversive influence. 

How do you become consciously aware of something that’s, by definition, subconscious? Glad you asked - there’s a great resource that I recommend highly in the section below.

So what can you do as an employer to foster a disability-inclusive environment?

  • Company policies, EEO statements, and Diversity & Inclusion initiatives should specifically mention disability

  • Have a written disability accommodations process in place that explains how employees can request an accommodation. With that idea in mind, ensure that you have an effective and efficient process in place to review and approve accommodation requests. Always consult with your attorney before rejecting an accommodation request as a “hardship” on the business and before terminating an employee who has an accommodation in place; 

  • Target external recruitment efforts to hire individuals with disabilities; 

  • Create a culture of inclusiveness and prioritize it. Communicate your inclusivity policies and hold employees and managers accountable for their behaviors. Yes, this means having difficult or uncomfortable conversations between managers and employees more frequently, but it will make your company stronger and more tolerant. Without accountability, your culture will be inclusive by name only; 

  • Train managers and employees on anti-discrimination and anti-harassment policies. Managers must be trained on how to avoid discriminatory employment practices influenced by implicit bias, how to address allegations of discriminatory or harassing behavior, and how to fairly and consistently enforce these policies;

  • Commit to identifying your own implicit biases. Once aware, run your decisions through a “bias filter.”Remind yourself of your biases and ask how those biases may be influencing your decision. If necessary, re-evaluate and modify accordingly. 

    • You can learn about your own biases by taking the implicit bias tests made available for free by Harvard’s Project Implicit Understand that the results of your test(s) will almost certainly make you a little uncomfortable - and that’s okay. Discomfort is where personal growth and self-improvement are born. And remember that it’s actually quite common to harbor implicit biases even against groups to which you, yourself, are a “member.” For example, being a woman doesn’t always insulate you from biases against women 

Disability doesn’t mean inability; it simply means a different ability. Roughly 75% of disabilities are invisible, such as mental health disabilities like depression or anxiety, neurodevelopment disorders including autism or ADHD, autoimmune diseases like lupus or rheumatoid arthritis, and other chronic illnesses such as fibromyalgia or myalgic encephalomyelitis (chronic fatigue). Individuals with disabilities bring different perspectives to the table that improve the way companies solve problems, improve efficiencies and processes, and inspire new ideas. Diversity makes companies better, and that includes the diversity of thought and experience. Folks with disabilities may need to approach the way they do the job differently, but that doesn’t mean they can’t meet - or exceed - performance objectives.