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Living With Disabilities
Fighting for the
Right to Work
People with physical and cognitive disabilities have long faced barriers to full and continued employment, independent living and inclusion in society. However, several critical laws have helped establish equal opportunities, including the Rehabilitation Act of 1973. Significantly, section 501 prohibited discrimination in federal employment on the basis of disability and required federal agencies to establish affirmative-action plans for the hiring, placement and advancement of people with disabilities in federal employment.
In the 1980s, activists and lobbyists pushed for federal legislation. Comparing their struggle to the Civil Rights movement, activists argued that without federal requirements in place, people with disabilities would continue to face discrimination and lack accommodation. In 1986, the National Council on Disability, an independent government agency, issued a report that reached the same conclusion and highlighted gaps in federal law that made full participation in society and equal employment opportunities impossible for many Americans who are disabled.
The Americans With Disabilities Act (ADA)
People with disabilities are increasingly contributing to the U.S. labor force; however, disparities still exist. According to the ODEP’s Disability Employment Statistics, 22.5% of people with a disability were employed as of August 2022, up from 21.3% in 2021. By comparison, 68% of people age 16 and up without a disability were employed in August 2022, while 67.1% were employed in 2021. Across all age and education attainment groups, unemployment rates for people with a disability were higher than those for people without a disability. ODEP data shows that the unemployment rate for people with disabilities in August 2022 was 7.7%, compared to 3.6% for people without disabilities.
Contributions to the Workforce
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What You Should Know About National Disability Employment Awareness Month (NDEAM)
Here’s what everyone should know about National Disability Employment Awareness Month, celebrated every year in October.
What Is National Disability Employment Awareness Month (NDEAM)?
In March 1990, a watershed moment arrived when disability rights activists staged the Capitol Crawl, in which people with disabilities climbed 100 steps to the U.S. Capitol building to demonstrate the nation’s lack of accessibility. The result was a transformational law – the Americans with Disabilities Act (ADA) – signed July 26, 1990, by President George H.W. Bush.
The ADA ensures that individuals with disabilities have the same rights and opportunities as everyone else. It prohibits discrimination against them in all areas of public life, including jobs, schools and transportation. It has made communities and workplaces nationwide more inclusive and accommodating. It also allows individuals with disabilities to take legal action against employers who discriminate against them.
In the years following the ADA's passage, some courts narrowed the definition of “disability” under the Act. In response, Congress passed the ADA Amendments Act (ADAAA) in 2008, clarifying the law and directing that the definition of disability should be interpreted broadly.
About 61 million – or 1 in 4 adults – in the U.S. live with a disability, which is any condition of the body or mind that can make it difficult to complete certain activities or even interact with others. A disability can affect a person’s vision, hearing, movement, thinking, self-care and/or communication. Some people are born with a disability, while others may develop one due to age, illness or injury. People with disabilities represent all races, classes and cultures and make up almost 26% of the U.S. population, according to the U.S. Centers for Disease Control and Prevention (CDC). CDC data shows 2 in 5 people with a disability were age 65 and older, and 1 in 4 women have a disability. According to The NALP Directory of Legal Employers, only 1.22% of all lawyers identify as having a disability.
In 1945, U.S. Congress declared the first week in October "National Employ the Physically Handicapped Week." In 1962, the word "physically" was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities. In 1988, Congress expanded the week to a month and declared October National Disability Employment Awareness Month (NDEAM) to recognize and celebrate the contributions individuals with disabilities make to the U.S. economy and workplaces. Recognizing the month each year in October is also meant to educate and bring attention to disability employment issues and celebrate the many and varied contributions made by American workers with disabilities.
In 2001, Congress established the Office of Disability Employment Policy (ODEP) under the Department of Labor to develop and encourage policies and practices that increase the quantity and quality of employment opportunities for people with disabilities to ensure they are fully integrated into the workforce. Through policy development, outreach and education, and technical assistance, ODEP helps both employees with disabilities and employers understand their protections and obligations under the law.
To recognize the vital role people with disabilities play in contributing to a diverse and inclusive American workforce, ODEP selected the theme of “Disability: Part of the Equity Equation” for National Disability Employment Awareness Month (NDEAM) 2022. Observed annually during the month of October, NDEAM continues to celebrate the contributions of America’s workers with disabilities, past and present,
and encourages supportive, inclusive employment policies
and practices.
‘Disability: Part of the Equity Equation’
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Littler Celebrates National Disability Employment Awareness Month - 2022 | Littler Mendelson P.C.
