EEOC Celebrates National Disability Employment Awareness Month

In his proclamation recognizing October 2011 as National Disability Employment Awareness Month  President Barack Obama wrote "to win the future, we must harness the power of our Nation's richest resource – our people.  Americans with disabilities, like all Americans, are entitled to not only full participation in our society, but also full opportunity in our society.  Their talents and contributions are vital to the strength of our Nation's workforce and our future prosperity." 

Since the passage of the Americans with Disabilities Act (ADA) over 20 years ago, the U.S. Equal Employment Opportunity Commission (EEOC) has been leading the fight to ensure that people with disabilities have equal access to the Nation's workplaces and opportunities to participate fully in the economic life of the United States.  The Commission's tireless work in this area was reinforced by the ADA Amendments Act (ADAAA) in 2008.  

• In March 2011, the Commission passed final bipartisan regulations implementing the ADAAA.  Like the law they implement, the regulations are designed to simplify the determination of who has a "disability" and make it easier for people to establish that they are protected by the ADA.  The regulations, as well as technical assistance materials for the public and small businesses are available on our website at www.eeoc.gov/laws/regulations/index.cfm.
• Earlier this year, the Commission held two meetings to examine issues surrounding the employment of people with disabilities.  In June, the Commission gathered information from a diverse panel of experts about the use of leave as a reasonable accommodation under the ADA.  While the witnesses differed as to some employer and employee obligations, they agreed on the need for clear and uniform guidance from the EEOC.   In March, the Commission examined the issue of the employment of people with intellectual and psychiatric disabilities.  The meeting focused on a group whose rate of unemployment and underemployment far exceeds the national average and heard from witnesses that the greatest barrier to employment is the myths and fears about their conditions.  Additionally, the Commission is planning to hold a meeting on November 16, 2011, to examine barriers to employment for veterans with disabilities.
• The Commission has also conducted extensive outreach to both employees and employers about their rights and obligations under the law.  Commissioner Chai Feldblum and Commissioner Victoria Lipnic have taken the lead in reaching out to employer groups to explain the new regulations.  Additionally, in FY 2010, the ADA and changes to the law under the ADAAA were the main topic at 635 no-cost outreach events reaching nearly 40,000 people.
• In 2008, the EEOC issued, as part of its Leadership for the Employment of Americans with Disabilities (LEAD) program, a comprehensive report addressing strategies to reverse the declining participation rate of federal employees with targeted disabilities. The report, "Improving the Participation Rate of People with Targeted Disabilities in the Federal Work Force," is available at www.eeoc.gov/federal/report/pwtd.html.  In 2009, the EEOC, in partnership with the Department of Labor's Office of Disability Employment Policy (ODEP), issued a set of guides on leveraging the authority available to federal agencies to hire and/or to promote individuals with disabilities.
• The EEOC recently settled two groundbreaking ADA cases involving Verizon and Supervalu and won a significant trial victory against Autozone.
• The EEOC has filed nearly sixty lawsuits under the ADAAA, underscoring our commitment to vigorous enforcement of the law and to ensuring that all workers receive fair and equal treatment in the workplace.  In recognition of the Congressional intent to realize broad coverage many of these cases involve charging parties with impairments for which it had been difficult to establish coverage prior to the amendments, including diabetes, epilepsy, intellectual disabilities and cancer.  Additionally, through our amicus appellate program, we have addressed the issue of coverage under the ADAAA in briefs filed in Wurzel v. Whirlpool, (6th Cir. 2011) and Naber v. Dover Health Care. (3d Cir. 2011)

While I am encouraged by the work of the Commission and our staff to ensure that people with disabilities are able to fully participate in the workforce, I understand that there is much left to achieve.  This is why I am honored to stand with the President and recognize these accomplishments, as well as the challenges ahead, through National Disability Employment Awareness Month.

Chair Jacqueline A. Berrien