The Department of Labor recently posted a blog entry reminding employers to consider disability discrimination issues when implementing technology in the workplace.
The Americans with Disabilities Act (ADA) was adopted in 1990. The statute is aimed at eliminating discrimination on the basis of disability in employment, government, public accommodations and telecommunications relay services for hearing and speech impaired individuals. The ADA defines "disability" with respect to an individual as: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual, (b) a record of such an impairment, or (c) being regarded as having such an impairment. Under the ADA, it is illegal for a covered employer to discriminate on the basis of disability against a qualified individual with a disability in regard to any term, condition or privilege of employment.
With the increasing use of technology in businesses- from desktop computers to PDAs- employers should consider how technology impacts individuals with disabilities. Technology must be accessible to all workers who have a need to use the technology.
According to the Department of Labor, its Office of Disability Employment Policy is committed to focusing on accessible technology, which it considers critical to ensuring that people with disabilities are able to succeed at work. Toward that end, the ODEP has issued guidance aimed at helping employers develop a corporate-wide, comprehensive strategic plan for adopting and implementing accessible information and communications technologies (ICT) corporate policies, practices and procedures in their own workplaces.
The guidance suggests that employers take several steps toward ICT accessibility. Specifically, employers should
- Understand key terminology and the affected population;
- Understand the policy framework;
- Understand the business reasons for universal accessibility;
- Self-assess ICT practices, set goals and establish priorities;
- Establish a corporate infrastructure to implement the policies and advance those policies;
- Commit to accountability and continuous improvement; and
- Identify available resources.
Employers must consider their responsibilities toward disabled individuals when implementing new technologies. As with other terms and conditions of employment, employers should make sure they do not discriminate on the basis of disability with respect to technology.
Click here to Download a copy of the Framework.
