The federal Americans with Disabilities Act (ADA), along with comparable state and local anti-discrimination laws, safeguard the rights of workers with disabilities, promoting their inclusion in the workforce. These laws prohibit discrimination by covered employers in various employment practices, including hiring, promotions and benefits.
Despite the ADA’s clear mandates, many employers hold misconceptions about their responsibilities. Let’s address some of these myths.
Myth #1: People with disabilities get special treatment
Some employers mistakenly believe that the ADA gives preferential treatment to individuals with disabilities. In fact, it ensures equal employment rights through providing reasonable accommodations.
Reasonable accommodations are changes or adjustments to a job or work environment that allow a qualified person with a disability to perform essential duties. The goal is to provide equal opportunities, not an unfair advantage.
Myth #2: Accommodations are too costly
There is a common belief that accommodating employees with disabilities is expensive. However, according to the U.S. Department of Labor, 58% of these adjustments do not cost anything out-of-pocket, and most others average around $500.
Furthermore, in some cases, employers may be eligible for tax incentives to offset these expenses, making accommodations both affordable and practical.
Myth #3: Accommodations are a burden for small businesses
Small companies often worry about the financial impact of accommodations. However, the ADA’s employment provisions do not apply to companies with 15 employees or fewer (some state and local anti-discrimination laws do cover smaller employers).
The disability discrimination laws do not require accommodations that cause undue hardship for covered employers. This means that any significant issue or expense, considering the business’s size and resources, can be taken into account.
Myth #4: The ADA encourages hiring unqualified individuals
A common misconception is that the ADA forces employers to hire unqualified individuals because they have a disability. However, the law does not give hiring preference to any applicant.
All candidates must meet the job’s qualifications and be able to perform essential tasks, with or without reasonable accommodations. Employers are free to select the most qualified candidate.
Myth #5: The ADA protects “challenging” employees
Some believe the ADA safeguards workers who exhibit bad behavior or do not meet performance requirements. This is also incorrect. The law does not excuse inappropriate behavior or poor performance. Employers can enforce the same standards for all employees.
Companies can dismiss employees with disabilities as long as their termination is unrelated to their disability, they do not meet job requirements, or their presence threatens workplace safety.
Ensuring equal opportunities for workers with disabilities
Both employers and workers must understand ADA protections. Employees and job applicants with disabilities should be aware of their rights and know when to take action if employers violate them. Workers should also understand they are protected from retaliation for requesting reasonable accommodations.
Similar laws in Washington, D.C., Maryland and Virginia support and sometimes exceed these federal protections, reinforcing the commitment to equal opportunity for all workers.
