Navigating Disability in the Workplace: An Insider’s Perspective — Part 1

As someone with nearly 25 years experience in the people operations space, and one who also holds a disabled status, I have a unique vantage point when speaking on the topic of disability in the workplace.

I have the lived experience of the person trying to survive in a workplace that is designed to operate in a way counter to what I needed to work in a safe and healthy manner.

I’ve had the heartbreak of being denied opportunities; and of quietly enduring pain or discomfort in secrecy in order to maintain a position.

I have also been the one to have uncomfortable and sometimes disquieting conversations with employees about an organization’s seeming inability to continue employment for someone who is experiencing disability.

And I have also been the person who has advocated for disability benefits from the government on behalf of an exhausted and confused recipient.

What I can tell you is this: the system sucks. I can tell you that the systems in place leverage enormous power against those with disabilities — both in perception and actual law. So from my perch, I’d like to talk about the system that needs to be dismantled, and how I’m working at Evinco to accomplish that.

But first, who is considered disabled?

I have often said the only thing standing between being considered ‘able’ and ‘disabled’ is luck and time.

What do someone who broke their foot skiing, a person with autism, someone with chronic migraines, and an individual who uses a wheelchair after a workplace accident have in common?

They are all disabled.

Disability is not validated by the origin, duration, or reason it exists.

• An injury or illness that is later resolved is a short term disability.

• An injury or illness resulting from an accident or exposure on the job is a vocational disability.

• A condition that lasts an extended period of time or is lifelong is considered a permanent disability.

Literally anyone can become disabled, and far more people have disability than can be tracked, as many don’t feel comfortable publicly disclosing that they have one due to ableism.

How do people with disabilities get support in the workplace?

The Americans with Disability Act (ADA) governs the rights disabled workers in the US have as well as their access to justice.

Sort of. In reality, it’s not that simple.

One of the terrifying things about workforce disability rights is how many laws intersect to create the loosely woven tapestry that impacts people with disabilities who work — or would like to. These include: the Family and Medical Leave Act (FMLA) which covers an employee’s access to time to recover from an illness or injury; and because disabled workers can also be part of other marginalized communities there is a crossover with the the Civil Rights Act of 1964, which covers areas related to discrimination, and the Fair Labor and Standards Act (FLSA) that addresses compensation, all of which are enforced by the Equal Employment Opportunity Commission (EEOC). Also in play is the Social Security Act (SSA), enforced by the Social Security Administration, which applies to disabled individuals who receive benefits and the Office of Workers Compensation Programs, administered by the Department of Labor that oversees workers who become disabled on the job.

To make things more complicated, individual states have additional laws and governing bodies that address these and other state level labor law rights.

So one of the first challenging aspects of being disabled in the workplace is the number of laws, and potentially governing bodies that may be involved in determining how an employer has to behave, what options are available to someone who is disabled, and determining which law, program, or agency is involved.

And don’t be fooled, just because there are multiple authorities and laws involved in the process, it doesn’t equate to more coverage, it actually means that there are more gaps and potential discrepancies in the system — meaning more ways for an employer to take advantage.

In Part 2, we’ll talk about how this labyrinth is used to the advantage of employers and why the ability to do so persists with so many laws on the books.

In Part 3, we talk about what it means to build a culture of rest that centers employees, with a case study example.

In Part 4, we address the insidious practice of subminimum wages and how you can get involved in disability advocacy.

Written by Dawn Jimenez, Director of Employment + Culture at Evinco Strategies.