Celebrating the Americans with Disabilities Act on its 30th anniversary

The Americans with Disabilities Act (ADA) just turned 30 years old. I’d like to talk about what this has meant for American workers and their employers, how it has influenced the workplace, and how the ADA has impacted and transformed the disability insurance industry.

The ADA actually has five separate titles to prevent and remedy discrimination against individuals with disabilities. These cover a variety of contexts, including employment (Title I), public services (Title II), places of public accommodation (Title III), telecommunications (Title IV), and the catch-all miscellaneous protections of Title V, which include prohibition of retaliation against someone who assists another in asserting their rights under the ADA. Most of our experience as a disability provider falls under the employment provisions of Title I.

The ADA as we know it today is a bit of a late bloomer with regard to employment-based claims. For the first 15 years, courts interpreted the Title I employment protections narrowly, and regularly dismissed employees’ ADA claims on the grounds that the medical condition at issue did not qualify as a disability. Congress changed that with the adoption of the ADA Amendments Act of 2008 (ADAAA), which had the primary purpose of setting the courts straight. The ADAAA made clear that the term disability should be interpreted very broadly, and since then the number of discrimination cases filed under the ADA each year has greatly increased.

Also: Talking to clients about COVID-19’s impact on disability insurance

The ADA has changed the way employees interact with work and their employers, and changed the way disability insurance providers approach a member’s claim. First, the ADA has helped dispel the stereotypical belief that individuals with physical or mental medical conditions are “damaged”, and cannot contribute at work. The stigma carried by the disability label has often been an obstacle to recovery, and can create unfortunate circumstances where the person is never able to return to work or wellness. Second, the ADA requires employers and employees to engage in a cooperative and interactive conversation to evaluate reasonable accommodations that could assist the disabled employee and allow them to return to their job. Communication between employers and employees is always a good thing. Employer engagement in the interactive process can mean the difference between someone returning to work and productivity, and having to leave their job and perhaps ending up on disability long-term.

Often, employers find the interactive process mystifying and, unfortunately, sometimes cumbersome. While the world of business typically values speed and efficiency, the interactive process relies on cooperation and communication, and requires analysis of the employee’s specific job responsibilities and medical limitations to determine whether an accommodation can be made. Accommodations have evolved and expanded over the years, and can take many shapes and forms. Sometimes it is a simple accommodation, such as assistive equipment or schedule changes, and sometimes it may be a bit more involved, such as changing positions or job duties and providing additional training. Even now, the ADA plays an important role during the pandemic, requiring employers to consider reasonable accommodations for their employees with underlying disabilities that could make them more at risk for contracting COVID-19.

When someone can work and contribute while healing, they will recover faster and more fully. They are more likely to avoid comorbid conditions, such as depression, which can prolong recovery and delay a return-to-work. The ADA has brought societal changes, and has positively changed how we think about people with disabling conditions and what they are capable of. It has also given employers a set of guidelines to better understand their obligations to employees, and appropriately address an employee in need when the occasion arises.

We should celebrate the ADA and the societal changes it has brought. From expanded employment opportunities for disabled individuals to increased accessibility, including the widespread installation of gently sloping ramps that benefit people of all ages as well as the differently abled.

The ADA maintains the belief that anyone can contribute something of value – at work, and to society. Once we view people with a disabling condition as “differently abled” instead of “disabled”, we can change our perspective and allow more people to work, and support their families and themselves.

Marjory Robertson, JD, is assistant vice president and senior counsel at Sun Life U.S.