Americans With Disabilities In The Workforce

Persons of Disabilities

Major state and federal legislative entities during the past 30 years have attempted to enhance the participation of working age Americans with Disabilities and Developmentally Disabled Americans in the competitive labor market. The public policy initiatives related to employers and/or work disability began in 1970 with the passage of the Occupational Safety and Health Act (OSHA). OSHA was followed by the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, the Workforce Investment Act (WIA) of 1998, and the Ticket to Work and Work Incentives Improvement Act (TWWIIA) of 1999.

For persons with significant disabilities, who might have once been viewed as unemployable, these social trends have fostered a shift from a medical model emphasizing a clinical or hospital approach to the present emphasis on capabilities, choice, and workplace support in maximizing the work potential of all persons with disabilities.

Yet, despite increased laws designed to address employment discrimination and provide for workplace accommodations for qualified workers with disabilities, the employment rate of persons with disabilities has increased very little since the late 1980s. A series of studies conducted by the National Organization on Disability (NOD) reported an annual increase in the unemployment rate from 66% in 1986 to 71% in 1998. The unemployment rate of persons with disabilities is especially upsetting because the studies found that an overwhelming majority (72%) of persons with disabilities indicated that they preferred to work.

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On September 24,1965 Executive order 11246 was issued by President Johnson, the executive order required government contractors to "take affirmative action" toward prospective minority employees in all aspects of hiring and employment. Contractors must take specific measures to ensure equality in hiring and must document these efforts. In the decades to come, workers with disabilities will represent an increasing portion of the American workforce. This change in the workforce will be driven by many factors, among them: the aging of American workers and the impact of anti-discrimination laws. Currently, the labor force is aging significantly as the baby boomers reach their 50s and 60s. The Bureau of Labor Statistics data suggest that the median age of the workforce increased from 35 years in 1978 to 39 in 1998 and is expected to reach 41 2008. From 1998 to 2008, the number of workers aged 55 years and older is expected to have grown by an astonishing 48%. In addition to the aging of the workforce, the implementation of the ADA was expected to increase the number of qualified workers with disabilities in the workforce. Enacted in 1990, the ADA requires that employers with 15 or more employees make "reasonable" accommodations to allow qualified workers with disabilities to participate in the workforce.

The Ticket to Work and Work Incentives Improvement Act of 1999 expanded the availability of health care coverage for individuals with disabilities in several ways, such as allowing disabled people with incomes over 250% of poverty level to "buy into" Medicaid health

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insurance programs if they are otherwise eligible for SSI. The Workforce Investment Act of 1998 established "one stop" employment and training centers that provide accessible services to all individuals, including those with intellectual disabilities.

An estimated 2.5 million people in the United States have an intellectual disability- approximately 1% of the United States population. Estimates also indicate that only 31% of individuals with intellectual disabilities are employed, although many more want to work. Intellectual disabilities will vary in degree and effect from person to person, just as individual capabilities vary considerably among people who do not have an intellectual disability. People should not stereotype the needs of persons with intellectual disabilities. In some instances an intellectual disability will not be obvious from a person's appearance, nor will it be accompanied by a physical disability.

Persons who have intellectual disabilities may have other impairments as well. Examples of coexisting conditions may include: cerebral palsy, seizure disorders, vision impairment, hearing loss, and attention-deficit/hyperactivity disorder (ADHD). Persons with severe intellectual disabilities are more likely to have additional limitations than persons with milder intellectual disabilities. Persons with intellectual disabilities successfully perform a wide range of jobs, and can be dependable workers. The types of jobs people with intellectual disabilities are able to perform will depend on individual strengths and interests. Examples include: animal caretakers, laundry workers, building maintenance workers, library assistants, data entry clerks,

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mail clerks, store clerks, messengers, cooks, printers, assemblers, factory workers, photocopy operators, grocery clerks, sales personnel, hospital attendants, housekeepers, statement clerks, automobile detail workers, and clerical aides.

Yet, many employers still exclude persons with intellectual disabilities from the workplace because of persistent, but unfounded myths, fears, and stereotypes. For instance, some employers believe that workers with intellectual disabilities will have a higher absentee rate than employees without disabilities. Studies show that this is not true and that workers with intellectual disabilities are absent no more than other workers. Another popular misperception is that employing people with intellectual disabilities will cause insurance costs to skyrocket. Studies show, however, that employing workers with intellectual disabilities will not lead to higher insurance rates or more workers' compensation