Frequently Asked Questions
Individuals with Disabilities Basic Facts
Who are individuals with disabilities?
“People with disabilities constitute the nation’s largest minority group, and the only group that any of us can become a member of at any time. Also they represent the largest minority group seeking employment in today’s marketplace. Of the 69.6 million families in the United States, more than 20 million have at least one family member with a disability.” (Disability Funder’s Network, U.S. Department of Education)
Are individuals with disabilities successful in the workplace?
Yes. 97% of workers with disabilities are rated at average or above average. In attendance, 86% of workers with disabilities are rated at average or above average. With respect to performance of job duties, 90% of workers with disabilities are rated at average or above average. (Rehabilitation Research & Training Center at Virginia Commonwealth University)
What is a “qualified individual with a disability” as defined by the ADA?
The ADA defines a “qualified individual with a disability” as a person with a disability who “satisfies the requisite work, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation can perform the essential functions of such position." "Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.”
What is the unemployment rate of individuals with disabilities?
“In December 2009, the percentage of people with disabilities in the labor force was 21.6 compared with 70.0 for persons with no disability. The unemployment rate for those with disabilities was 13.8 percent, compared with 9.5 percent for persons with no disability, not seasonally adjusted.” (U.S. Department of Labor, Office of Disability Employment Policy)
Hiring Individuals with Disabilities
Why should I look to people with disabilities to fill vacant positions in my company?
“Employers are missing out on a golden opportunity to hire well-trained, qualified people who also bring to the job unsurpassed loyalty, dedication, and commitment. Aside from having equal or higher performance ratings compared to workers without disabilities, workers with disabilities have the lowest attrition rates of any employee group in this country. In other words, they get the job done, and they stay on the job.” (U.S. Department of Labor)Also, a recent study conducted by the Center for Social Development and Education shows that consumers have overwhelmingly positive attitudes towards businesses that hire individuals with disabilities. When asked “what information about a company would give you a favorable impression about that company,” hiring individuals with disabilities was third on the list.
Where can I find qualified job seekers with disabilities to fill my positions?
Refer to the Hire section of this website. From there, be sure to refer to Maryland’s Division of Rehabilitation Services and other hiring initiatives.
What are some existing internship programs for students with disabilities?
Workforce Recruitment Program is a recruitment and referral program that connects federal sector employers nationwide with highly motivated postsecondary students and recent graduates with disabilities. Private sector employers may access the database through Employer’s Assistance and Recruiting Networking (EARN).
Emerging Leaders is a highly competitive program that places undergraduate and graduate students with disabilities in fulfilling summer internships and provides them with leadership development opportunities. Emerging Leaders partners with businesses to help them find outstanding young talent while also considering diversity and inclusion in their hiring practices.
ENTRY POINT! is a program of the American Association for the Advancement of Science (AAAS) offering outstanding internship opportunities for students with apparent and non-apparent disabilities in science, engineering, mathematics, computer science, and some fields of business.
Is it legal to ask questions about a person’s disability during an interview?
No. The Americans with Disabilities Act prohibits employers from asking questions about health conditions, disabilities, or related matters during an interview. Read the Fact Sheet entitled Focus on Ability: Interviewing Applicants with Disabilities developed by the U.S. Department of Labor, Office of Disability Employment Policy, about how to ensure maximum benefit from an interview when the person being interviewed has a disability.
If I have several qualified applications, does the ADA require that I hire the applicant with a disability?
No. You may hire the most qualified applicant. The ADA only makes it unlawful for you to discriminate against a qualified individual with a disability on the basis of disability. (U.S. Equal Employment Opportunity Commission)
Is it any more difficult to supervise employees with disabilities than those without?
No. Every employee, regardless of disability, should be expected to complete the essential duties of the position. For tips on interacting with individuals with disabilities and integrating your workforce, refer to Quick Tips: Job Seekers and Employees with Disabilities.
How can a job coach assist with training an employee with a disability? Will a job coach get in the way?
Job coaches provide training and staff support that will dovetail with the style of your business. A job coach will ensure this continues until the new employee is completely up to speed. For more information about the benefits of job coaching to your business, read the Job Coaching Services and Benefits to Businesses and People with Disabilities Fact Sheet.
Back to Top
Accommodations
What is the best way to identify a reasonable accommodation?
“Frequently, when a qualified individual with a disability requests a reasonable accommodation, the appropriate accommodation is obvious. The individual may suggest a reasonable accommodation based upon her own life or work experience. However, when the appropriate accommodation is not readily apparent, you must make a reasonable effort to identify one. The best way to do this is to consult informally with the applicant or employee about potential accommodations that would enable the individual to participate in the application process or perform the essential functions of the job. If this consultation does not identify an appropriate accommodation, you may contact the EEOC, State or local vocational rehabilitation agencies, or State or local organizations representing or providing services to individuals with disabilities. Another resource is the Job Accommodation Network (JAN). JAN is a free consultant service that helps employers make individualized accommodations. The telephone number is 1-800-526-7234.” (U.S. Equal Employment Opportunity Commission)
The Maryland Technology Assistance Program (MDTAP)provides assistive technology information, consultation, and resources. Refer to the Job Accommodations Network (JAN) for detailed information on accommodations in the workplace both in general and for specific disabilities.
- What are the costs and benefits of accommodating an employee with a disability?
According to the Job Accommodation Network (JAN), 50% of accommodations cost less than $500, 19% cost nothing at all, and more than 80% cost less than $1000. Furthermore, by retaining a valuable employee that has acquired a disability through workplace accommodations, three-quarters of employers surveyed cited increased productivity, improved interactions with co-workers, increased company morale, and improved workplace safety while eliminating the costs of hiring a new employee.
When does a reasonable accommodation become an undue hardship?
“It is not necessary to provide a reasonable accommodation if doing so would cause an undue hardship. Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer's size, financial resources and the nature and structure of its operation.” (U.S. Equal Employment Opportunity Commission)
How can I assist an employee who has acquired a disability?
The Division of Rehabilitation Services (DORS) provides worksite consultations which help employers hire qualified workers and retain valued employees with disabilities by evaluating the work environment for accessibility and accommodations. Contact DORS for more information.
Back to Top
Americans with Disabilities Act
Does my workplace have to be ADA compliant?
“As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship. Accessibility must be provided to enable a qualified applicant to participate in the application process, to enable a qualified individual to perform essential job functions and to enable an employee with a disability to enjoy benefits and privileges available to other employees. However, if your business is a place of public accommodation (such as a restaurant, retail store or bank) you have different obligations to provide accessibility to the general public, under Title III of the ADA. Title III also will require places of public accommodation and commercial facilities (such as office buildings, factories and warehouses) to provide accessibility in new construction or when making alterations to existing structures.” (U.S. Equal Employment Opportunity Commission)
Back to Top
Financial
What types of tax incentives/credits are available for employers that accommodate employees and customers with disabilities?
For more information on the tax credits below, refer to Tax Incentives/Credits.
Maryland Disability Employment Tax Credit (MDETC): This is a Maryland state tax credit that allows businesses to claim credit for employees hired on or after October 1, 1997 but before July 1, 2010.
Small Business Tax Credit (IRS Code 44, Disabled Access Code): The credit is 50 percent of expenditures over $250, not to exceed $10,250, for a maximum benefit of $5,000.
Work Opportunity Tax Credit (WOTC): WOTC provides a tax credit for employers who hire certain targeted low-income groups, including vocational rehabilitation referrals, former AFDC recipients, veterans, ex-felons, food stamp recipients, summer youth employees and SSI recipients.
Barrier Removal (Architectural/Transportation Tax Reduction: IRS Code Section 190, Barrier Removal): Businesses may take an annual deduction for expenses incurred to remove physical, structural, or transportation barriers for persons with disabilities at the workplace.
Will my workers’ compensation and health insurance rates increase if I hire individuals with disabilities?
Worker’s Compensation premiums are based on the number of claims made and not the makeup of your workforce. Worker’s Compensation rates should remain unchanged. Due to the way health care rates are calculated, the impact of a few employees with disabilities on your workplace’s health care history will be so negligible as to make no difference in your rates (eSight Careers).
Back to Top
Training and Inclusion
What are some tips for interacting with employees and customers with disabilities?
Americans with disabilities participate in the same activities as everyone else. They play, vote, go to school, shop, live independently, and work. The tips in this MDOD fact sheet offer guidance as you interact with, hire, and welcome individuals with disabilities into your workplace: Quick Tips: Job Seekers and Employees with Disabilities.
Is there information or training available to assist me in the introduction of an employee with a disability to my workplace?
The MDOD fact sheet Quick Tips: Job Seekers and Employees with Disabilities (LINK) suggests six steps to integrating your workforce: commit to employing, advancing, and retaining people with disabilities; aggressively seek candidates with disabilities; focus on skills, abilities, and achievements in the job interview; include the employee in the process of determining appropriate accommodations; ensure training offered by the company is open to all employees including those with disabilities, and educate your workforce on topics such as interacting with persons with disabilities, reasonable accommodations, and misconceptions about disabilities.
Back to Top
