Disabled workers are struggling to get jobs, even in a labor shortage

In April, 8.3% of disabled Americans were unemployed, compared with 3.1% of those without a disability. If disabled workers were employed at the same rate as those without a disability, nearly 14 million more would have been working in 2021, according to the analysis in the report from Center for American Progress

Emily Peck, Axios

The disabled community historically struggles to find employment and that gap has only widened. We often face discrimination both subtle and blatant throughout our job search. From job postings that list unnecessary "requirements" to purposefully screen out disabled candidates, to lack of accommodations, or invasive questions during the application process; many disabled job seekers often battle the choice whether to disclose their disability at all. While the choice surrounding disclosure is a deeply personal one, there are inherent risks regardless of the decision. Disclose too early and we risk being tossed from the applicant pool altogether. Disclose too late and we may end up working for a company unwilling to accommodate us, making that new job we took a nightmare from which extricating ourselves is yet another obstacle. It’s a Catch-22 all too common amongst disabled applicants.

During a hearing Tuesday for the House Subcommittee on Diversity and Inclusion, Vilissa K. Thompson, LMSW, co-director of the The Century Foundation's Disability Economic Justice Collaborative told the Committee many employers are failing to accommodate employees now living with long COVID, a sentiment echoed by Thomas E. Foley, executive director of the National Disability Institute.

Another obstacle for disabled job seekers is the unfair choice between receiving Supplemental Security Income (SSI) from Social Security Administration and Medicaid from Centers for Medicare & Medicaid Services —programs designed and targeted toward disabled people—and gainful employment. Both programs, while providing a social safety net, have strict means-tested guidelines effectively capping the earning potential and/or total assets disabled workers can have.

All of these difficulties in finding work helps explain in part why laws in 36 states still legally allow for employers to pay disabled people sub minimum wage as part of the Fair Labor Standards Act. Yesterday, South Carolina Gov. Henry McMaster signed S. 533, phasing out the practice, making it just the 14th state in the nation to do so.

The disabled community faces unique challenges in our ongoing search for employment. Whether it’s indirect discrimination, lack of accommodations, risking social safety nets or the fight for equal wages, there remains a lot of work to be done until equity is achieved.

Disabled workers are struggling to get jobs, even in a labor shortage

Some Minority Workers, Tired of Workplace Slights, Say They Prefer Staying Remote

“People with disabilities have been left out of civic life for so long,” Carol Glazer, president of the National Organization on Disability says, “If we don’t see them in our schools, in our communities, in our workplaces, it only reinforces a lack of understanding and the implicit bias that leads to microaggressions.”
Alex Janin, The Wall Street Journal

As companies encourage a return to the office, it is important to remember that people with disabilities are at risk for being left out of the conversation. Many are still unable to safely engage in an office environment for medical reasons. The pandemic helped normalize work from home protocols and accommodations which were previously a struggle. Now, with those same accommodations seemingly rolling backward in favor of a return to “normalcy” many are having to choose between their health and safety and workplace visibility, effectively risking becoming second-class citizens in their own jobs.

There have been numerous times in my own career where an office environment was not always the most welcoming. I’ve often dealt with disparaging comments, micro-aggressions, and the all too often unsolicited advice/commentary that accompanies being disabled. Non-disabled colleagues often feel they have a right to not only to our medical history but to freely dispense advice about how to handle it. It is not only demeaning, but presumptuous, and extremely harmful. As a near daily occurrence, this can be exhausting. Most non-disabled folks wouldn’t think twice about preserving the privacy around most other discussions concerning health, yet disability seems to be its own designated category, unworthy of such discretion and privacy.

An office environment certainly does have its place and benefits when it comes to fostering collaboration. I am all for those things and support them when they can be done safely for all. But we are not there yet. We have also demonstrated over the course of the pandemic that many disabled employees benefit from accommodations and that no workplace hardship is created in doing so.

We should not be penalizing anybody (directly or otherwise) who chooses to work from home for the safety of their own mental and physical health.

Some Minority Workers, Tired of Workplace Slights, Say They Prefer Staying Remote

Disability Bias in AI Hiring Tools Targeted in US Guidance

As many as 83% of employers, and as many as 90% among Fortune 500 companies, are using some form of automated tools to screen or rank candidates for hiring, according to EEOC’s Charlotte Burrows.
-Bloomberg Law

With the rise of AI tools in recruiting, new guidance issued by both EEOC and U.S. Department of Justice is welcome news. Disability advocates have long known that while these tools can be useful for the employer, they can raise questions around bias that violate the ADA, including the use of personality tests with non-job specific questions, camera sensors, or timed tasks that don’t easily allow for reasonable accommodation.

This guidance also comes after U.S. Department of Commerce appointed 27 experts last April to the National AI Advisory Comittee.

The disability community already faces tremendous hurdles in hiring discrimination, in large part due to employers outdated views on what people with various disabilities bring to the table.

While AI can be a useful tool, and can certainly provide valuable insight, the hiring process needs more human connection and understanding across the board, not less, especially around disabled candidates.

Disability Bias in AI Hiring Tools Targeted in US Guidance