Did you know that October is National Disability Employment Awareness Month?
Here at FIRSTwnc, we celebrate the right to work for the I/DD community all year long, but this month we are honoring disability employment a little extra. Join the party with us by reading on about the laws, news, and FIRST programs for disability employment!
Disability Employment Rights
Federal laws support the disabled community in the workplace. The Americans with Disabilities Act (ADA) protects employees who work for private employers, state/local governments, labor organizations, labor-management committees, and employment agencies from discrimination on the basis of their disability. In other words, employers cannot fire, hire, lay off, deny promotions, withhold benefits, or alter pay due to their employee’s disability. The ADA also protects employees who experience discrimination or retaliation by employers when asserting their rights.
Workplaces must also provide reasonable accommodations requested by employees with disabilities. These accommodations – including modified equipment, readers or interpreters, flexible work schedules, and adjusted training and policies – must be provided if doing so will support the employee in their performance on the job and/or accessibility at the workplace.
It is also important to note that employers cannot ask job applicants about the existence or nature of their disability, or request a medical examination before offering a job; however, they do have the right to inquire about potential accommodations.
If you or someone you know experiences job discrimination based on disability, the U.S. Equal Employment Opportunity Commission (EEOC) can help protect employment rights as outlined by the ADA. This resource from the EEOC provides important information on employment rights, FAQs, and relevant contact information, while this ADA guide highlights specific laws and protections.
Disability Employment in North Carolina
Employment opportunities for the disability community have been shifting in North Carolina since 2019, when former state governor Roy Cooper passed Executive Order No. 92: Employment First. Spearheading a movement towards recognizing the dignity, abilities, and rights of the disability community, Employment First assists individuals in finding integrated employment with competitive compensation.
Prior to this order, over 1,000 North Carolinians with disabilities worked at sheltered workshops, also called segregated workplaces, where disabled individuals performed often basic tasks separate from their non-disabled peers for less than minimum (“special”) wage. These workshops intended to provide employees with a path towards more competitive employment in the community, although actual success in this goal has been debated. Employment First, directed by the NC Department for Health and Human Services (DHHS), has begun to phase out sheltered workshops in the state, with plans to dissolve all locations by 2026.
Many support Cooper’s decision, which vows to provide workers with disabilities the opportunities to find worthy and meaningful employment in the community. Disability Rights North Carolina (DRNC) in particular aims to transition individuals out of segregated employment and into integrated environments for individuals to work alongside disabled and non-disabled peers alike, while receiving minimum wage or greater. An article from DRNC argues that Employment First will support individuals in achieving their full potential through employment of their own choosing, which clears a path towards financial stability within the broader community.
The National Association of Counsels on Developmental Disabilities (NACDD) calls for an end to isolated employment across the country, claiming that the establishment of integrated work opportunities “is a matter of human rights and a crucial step toward fostering a more just and equitable society.” Like proponents of Employment First, NACDD supports the movement towards employment that extends beyond low-skill tasks and provides fair compensation. They believe that doing so can break the cycle of poverty that sheltered workshops, which offer meager pay and little room for advancement, trap their workers in. NACDD argues that integrated employment treats individuals with disabilities with the dignity and respect they deserve, promotes equality and community engagement, aligns with modern disability rights and practices, improves economic self-sufficiency and career growth, and even increases productivity for employers who hire and support individuals with disabilities.
On the other hand, the Coalition for the Preservation of Employment Choice advocates to keep employment opportunities at segregated settings. They argue that sheltered workshops, whose name has received unfairly negative connotations, are welcoming spaces that provide the necessary support and flexibility for each worker. Employment dedicated to individuals with disabilities can easily provide accommodations, which might prove difficult in environments designed for the non-disabled. In contrast to NACDD, the Coalition maintains that individuals can later transition to other positions in the broader community, while using the time in the workshops to progress at their own rate. As for compensation, the Coalition argues that wages are appropriate based on productivity. Their publication claims that removal of these opportunities will hurt the disability community by forcing them into a “one-size-fits-all” approach in workplaces that cannot and will not accommodate specific needs or support the autonomy of all individuals.
In reflecting on both sides of the argument, it appears that they each are in agreement of one underlying truth: that the disability community deserves meaningful, dignifying employment. The controversy lies in the execution of such employment and how true each side is to their claim. In North Carolina, Employment First elects to dissolve sheltered workshops with sub-minimum wages and support integrated work environments with fair pay and accommodations as a method of increasing respect and value for workers with disabilities. The NC DHHS, in agreement with the executive order, assists employees in their transition from segregated positions into community employment. The DHHS offers support in customized employment, education, career exploration, assistive technology, and more to ensure that individuals who choose to work in integrated settings will find worthy employment meeting their skill sets and interests, earn competitive pay, and be treated equally to their non-disabled peers.
Employment Support at FIRSTwnc
FIRSTwnc offers employment opportunities through AbilitiesFIRST, which provides job coaching and support to those interested in self-employment and running their own microenterprises. Individuals with disabilities and skills across creative fields, including jewelry making, t-shirt printing, and card designing, receive assistance in designing a business plan, marketing their product, and more. This program allows individuals to build employment skills, increase financial independence, and serve the community through creative enterprise.
In addition, FIRSTwnc started RAVE (Respectable And Valuable Employment) Dog Biscuits, a vegan dog treat company run by members of the I/DD community at all parts of the process. In the spirit of Employment First initiatives, RAVE provides employment experience entrenched in the greater community while allowing individuals to work at their own pace, choose tasks that interest them, develop valuable job skills, and receive compensation meeting minimum wage requirements.
At FIRSTwnc, we are spending this National Disability Employment Awareness Month celebrating the achievements of AbilitiesFIRST and all employees belonging to the I/DD community. We encourage you to continue reviewing disability rights and advocating for employment opportunities that promote the dignity and ability of all!