This paper presents a human resources action plan focused on introducing new workplace technology for employees with physical disabilities. It begins by defining the scope of disability and technology in the modern workforce, then surveys the key federal statutes — the Americans with Disabilities Act, the Family and Medical Leave Act, and the Rehabilitation Act of 1973 — alongside relevant state-level regulations including workers' compensation requirements and an assistive technology assistance program. The paper concludes with a four-step HR action plan covering staff training, written procedures, employee education, and records management, arguing that proactive compliance protects organizations from costly litigation and competitive disadvantage.
A knowledgeable and well-trained human resources department is a very valuable asset in any organization, due to the scope and importance of employment relations and the effects those relations have on organizational profitability. New laws and regulations regarding employee relations appear frequently, and the ability to manage these rules is mandatory for any business that desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from it.
This essay examines the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented here addresses the introduction of new technology for employees who may experience physical limitations. Before detailing the plan, the essay lists and describes the federal and state laws pertinent to this issue. It then details the plan and describes the advantages that accompany the proposal, before addressing the possible negative outcomes if the plan is not implemented.
The workplace is a complicated and diverse arena where many different types of people are brought together under unique and challenging circumstances. The concept of a disabled worker is a fluid and ever-changing standard that requires the human resources department to remain consistently aware of rules that may impact the workplace. Disabled workers are not simply those who use wheelchairs; in today's world, disability is a growing characteristic within the workforce and may not always be immediately visible.
Technology, too, is a term with an increasingly diverse meaning. Technology is more than the newest smartphone or automobile feature — it comes in many different forms and represents the advancement of human development in terms of material artifacts. It is important that human resources departments have clear and concise definitions and examples of both technology and disability before developing and implementing programs designed to merge these two concepts.
It is essential that those responsible for creating standard operating procedures for employment relations within a company are familiar with both state and federal rules before implementing those procedures. At the company level, there is no single source that presents these rules and laws in a neatly organized format. It is the responsibility of the human resource manager and organizational leadership to know, understand, and ultimately comply with the varying laws in order to prevent violations that may result in serious and costly penalties.
According to the United States Department of Labor, the Americans with Disabilities Act (ADA) "prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services." Five federal agencies are responsible for enforcing this law: the Equal Employment Opportunity Commission (EEOC), the Department of Transportation, the Federal Communications Commission (FCC), the Department of Justice, and the Architectural and Transportation Barriers Compliance Board (ATBCB). Human resources planners must be able to comply with each of these organizations' rules as they relate to the ADA.
The United States Department of Labor describes the FMLA as a law that "entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave." While this law is not obviously directed at disabled personnel specifically, any employee with a serious health condition that makes them unable to perform the essential functions of their job is entitled to the prescribed leave.
Another piece of federal legislation addressing disabled employees is the Rehabilitation Act of 1973. This act "prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities. All covered contractors and subcontractors must also include a specific equal opportunity clause in each of their non-exempt contracts and subcontracts." Additionally, Section 503 demands that employers refrain from discriminating in employment against qualified individuals with disabilities.
Employers must adhere to state laws in addition to the previously mentioned federal regulations. Article 49B of the relevant state code deals with discrimination and establishes punishment for violating these statutes. According to the Legal Action Center, "Article 49B gives the state Commission on Human Relations (MCHR) the power to enforce the state's anti-discrimination law, and gives individuals complaining of illegal discrimination prohibited by state law the right to file complaints with the MCHR. However, Article 49B does not give individuals a right to sue in court to seek remedies for violations of the state's law."
Article 49B was enacted approximately forty years ago to provide a state counterpart to the federal discrimination statute, Title VII of the Civil Rights Act of 1964. Article 49B, however, differed from Title VII in significant ways. Under Article 49B, an aggrieved employee could file a complaint with the state Commission on Human Relations. The MCHR's investigation would conclude either with a finding of probable cause or no probable cause of discrimination. Thereafter, the MCHR could move the case to a hearing before an Administrative Law Judge who could award only compensatory damages of up to three years of back pay, with no further damages available. The limited damages available under Article 49B made it unappealing to some plaintiffs.
Under Article 49B's remedial scheme, a discriminatorily terminated employee who, as required, diligently sought alternative employment would not be eligible for very much net back pay. The same would hold true for an employee claiming harassment who continued to work for the employer and suffered no loss of wages.
The state requires employers to obtain workers' compensation insurance from a licensed insurance company to protect both themselves and their employees. State law specifies that "employers failing to secure workers' compensation insurance as required by law shall be guilty of a misdemeanor, and shall be subject to a fine of not less than $500 nor more than $5,000, or by imprisonment for not more than one year, or both fine and imprisonment. If the employer is a corporation, the officer of the corporation having responsibility for the general management of the corporation in the state shall be liable for such fine and imprisonment as herein provided." It is important to note that this requirement is not uniform across every state and is specific to employers operating within this jurisdiction.
The state Technology Assistance Program is sponsored by the state Department of Disabilities, and its purpose is to "enhance the lives of all residents with disabilities, older residents, and their families by helping support access to assistive technology (AT) devices and services." This program not only informs employers about technology available for their disabled employees, but also offers recommendations on appropriate technologies, allows for trials of certain devices, and provides financial assistance to acquire them.
"Four-step plan for disability accommodation compliance"
"Business case for proactive HR compliance"
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