Human Resource (HR) professionals are key players in business organizations’ implementation of the employment provisions of the Americans with Disabilities Act of 1990 (ADA), which prohibits, among other things, discrimination based on disability in the workplace. HR professionals are involved with recruitment, pre-employment screening and testing, and the reasonable accommodation process, as well as benefits, performance management, disability leave, and other parts of the employment process. Because of this broad involvement, they are in a key position to help their organizations minimize disability employment dis­crimination and maintain ADA compliance. The purpose of this publication is to point out some places where the contribution of HR professionals can help busi­ness organizations create a culture and process that will facilitate the accommo­dation requirements of the ADA and minimize the likelihood of discrimination against applicants and employees with disabilities.

Approximately 34 percent of men and 35 per­cent of women with disabilities in the United States were employed during 1999, compared to 95 percent of men and 82 percent of women without disabilities.3 Although the ADA does not require affirmative action, as the Reha­bilitation Act does for federal contractors of $10,000 or more and for recipients of federal funds, these statistics affirm that people with disabilities remain a largely untapped labor pool. HR professionals can encourage and facilitate application by individuals with dis­abilities for open positions by making sure that local agencies that provide vocational rehabilitation services are aware of job open­ings. Some of these agencies are state voca­tional rehabilitation agencies (listed in the yellow pages of your phone book), supported employment or community rehabilitation pro­grams, one-stop or workforce state investment centers, and others.

The recruitment and applicant screening process is a good first place to start your as­sessment of the organization’s policies and procedures in regard to effective outreach to people with disabilities, and minimizing barri­ers in the application and screening processes. The ADA applies throughout the employment process, however, and HR professionals must therefore scrutinize the entire employment process with disability nondiscrimination in mind. For example, benefits programs, such as medical and hospitalization, accident, life insurance, retirement, and workers’ compensa­tion programs should be examined to assure equity for persons with disabilities in these plans. Although employers can use actuarial data as approved by their state insurance boards, disability-specific exclusions or limita­tions are prohibited.

The EEOC encourages an informal, interactive process between the employee and the rep­resentative of the organization to determine reasonable accommodations. The organiza­tional representative may be the supervisor, the HR professional, or another person. Al­though an individual seeking accommodation may initially approach only his or her super­visor, the accommodation process often is a multi-level problem-solving process that may involve many other members of the organiza­tion. In the Cornell University study of SHRM members, about one-quarter of respondents said that the HR person alone made the final decision about accommodations, while an ad­ditional ten percent said that the HR person was involved with other managers in making the decision.

Although the ADA does not mandate data col­lection regarding accommodations, it can be useful for organizations to put an accommoda­tion-tracking mechanism in place. This allows the organization to document its good faith effort to respond to accommodation requests from its personnel. Furthermore, it will build its institutional memory of effective accommo­dations for particular job categories and dis­ability issues.

No significant organizational change occurs without top-down commitment from organi­zational leadership. Similarly, to ensure effec­tive recruitment, hiring, integration, and ac­commodation of individuals with disabilities, top management must affirm and effectively communicate the importance of recruiting and retaining individuals with disabilities. This can be part of a message about the importance of diversity, which should be made explicit to engage the administrative and supervisory structure of the organization in assisting with this effort. Conveying that top leadership sees this as not only a compliance issue, but also as good business, sends the right message and can positively impact workplace compliance with the ADA. In the Cornell University study of SHRM members, high-level management commitment was seen as the most effective way to minimize continuing barriers for peo­ple with disabilities in the workplace.

The ADA does not require employers to have written job descriptions. But properly pre¬pared job descriptions are critical in effective performance management. Accurate job de¬scriptions are a tool to effectively recruit and retain good employees, including those with disabilities. Job descriptions are a road map for supervisors, interviewers, medical staff, and even applicants and employees through¬out the employment process. Prior to recruitment and posting, organiza¬tions should prepare a job description identi¬fying the current essential functions of the job being filled. They should distribute copies to applicants, so that any need for accommoda¬tion can be identified and addressed. Once a person has been hired, job descriptions can also be used to clarify performance expec¬tations. Persons with disabilities can be held to the same performance standards as others in the job category, but necessary reasonable accommodations must be provided, unless it would be an undue hardship to do so.

Training is key. Training is important at all levels of the organization. Not just interview­ers. Not just hiring supervisors or administra­tors, but all employees. Why? The ADA isn’t just a law to provide equal access to individu­als with disabilities. It’s also about sensitivity, about looking at our behaviors and attitudes to determine whether we may be part of the problem in ensuring equal access. This allows us to make sure we are part of the solution in providing equal employment opportunity.

The union can play a role in helping an indi­vidual with a disability to get the accommoda­tion he or she needs to perform effectively in the workplace. Your unions are also subject to the ADA regulations. You will want to work closely with them to ensure there is flexibility in the contracts to allow accommodations to be made, if appropriate. Regulations implement­ing the ADA suggest that the terms and condi­tions of a collective bargaining agreement may be used as a factor in determining whether an accommodation would be an undue hard­ship. However, you will want to look at all the factors and focus on good faith efforts with the union. The key is to focus on the joint legal obligation to ensure that an employee with a disability gets a necessary reasonable accom­modation.

Respondents in the Cornell University study reported that one of the areas where they made the most effort to make changes in response to the ADA was co-worker and supervisor attitudes towards people with disabilities. This was also seen as one of the most difficult areas to change. This feedback from SHRM members suggests that attitu­dinal issues continue to be a problem in the workplace for people with disabilities, and that continuing attention should be directed toward addressing attitudinal barriers. Diver­sity programs may be an area where sensitiv­ity training or disability awareness training can occur. Again, affirming the organization’s commitment to hiring and retaining individu­als with disabilities in the workforce, as well as raising awareness of disability etiquette, can effectively assist in dealing with attitudinal issues in the workplace about people with dis­abilities.

There are numerous individuals who, be­cause of their role or their particular expertise, should be identified and engaged in the orga­nization’s overall accommodation process. Al­though the decision about an accommodation is unique to the individual, their disability, and the nature of their job, there are numer­ous resources that may be used for each indi­vidual’s situation. Some of the specific experts that can contribute to identification of the most appropriate accommodation for a particular disability are ergonomists, physical therapists, occupational therapists, health and safety professionals, and employee assistance profes­sionals. These are often individuals who are working within larger organizations whose expertise can be applied to the accommoda­tion process as needed. In addition, benefits specialists and labor relations representatives may also be able to assist with a particular accommodation request. Identifying these individuals, and bringing them together on a regular basis to build a sense of the cultural appropriateness of accommodation and the importance of working together to generate positive outcomes is an important part of an effective accommodation process within an organization.

Implementation of the ADA program for your organization will take time and effort. But tak­ing a proactive approach to outline your plan is much more effective than reacting later to specific issues or problems. You can take the cautious approach, the insightful approach, or the visionary approach. If employers are sensitive and programmatic in their imple­mentation philosophy and plan, we will start to make some strides in equal employment op­portunity for all individuals, including those with disabilities.