Every October, National Disability Employment Awareness Month (NDEAM) serves as an opportunity to celebrate the many contributions of American workers with disabilities, both past and present, while also raising critical awareness about the legal and social framework that ensures and protects their rights to create a more inclusive future. This month of observance has become a cornerstone in the continuous journey toward fairness and equity in the workplace that every single American is embarking on together, commemorating employment rights and safeguards that continue to benefit both employers and employees nationwide.
As an employment law mediator, former employment law litigator, legal commentator, and podcaster, my passion is bringing law to light and making complex employment law concepts easily digestible, accessible, and engaging for audiences nationwide. This October, it’s essential to understand that NDEAM is more than just a symbolic observance. This month is a powerful reminder of the hard-won legal battles that have shaped the protections we now rely on. Let’s dive into the history and purpose of this month!
What is National Disability Employment Awareness Month?
NDEAM is a federal observance held every October to celebrate the contributions of workers with disabilities and educate the public about the value of an inclusive workforce. This year marks the 80th anniversary of National Disability Employment Awareness Month.
NDEAM’s roots can be traced back to 1945, when Congress declared the first week of October “National Employ the Physically Handicapped Week.” This initial step was a crucial start, but it was just the beginning of a much larger movement.
Over time, the name and scope of the observance evolved. In 1962, the word “physically” was removed to acknowledge people with all types of disabilities, including those with cognitive and mental health conditions.
Finally, in 1988, Congress expanded the week-long event to a full month, renaming it National Disability Employment Awareness Month, and the breadth of disabilities it recognizes expanded as well to include those with mental health conditions and other non-obvious disabilities.
This year, the theme for National Disability Employment Month is “Celebrating Value and Talent,” a reminder of the value and talent people with disabilities bring to our workplaces and economy.
What is the Purpose of National Disability Employment Awareness Month?
The purpose of NDEAM is threefold: to celebrate, to educate, and to advocate.
First, NDEAM is an opportunity to celebrate the immense talent, skills, and hard work of people with disabilities who contribute to our economy and communities. It’s a reminder that disability is a part of diversity and an inclusive workplace is a stronger, more innovative, and more successful one.
Second, it is a chance to educate employers, employees, and the public about the laws and best practices that support disability inclusion. This includes raising awareness about the importance of accessible workplaces, fair hiring practices, and the legal concept of reasonable accommodations.
Last but not least, NDEAM serves to advocate for change. By promoting candid analysis of where we are at, NDEAM makes us look at the work that still needs to be done to eliminate barriers to employment and ensure that all individuals have the opportunity to thrive professionally.
It’s worth noting that beyond the walls of your business, this is also a chance to engage the community with community advocacy work and partner with local organizations that are contributing to this cause.
Key Considerations for Employers and Employees During National Disability Employment Awareness Month
From an employment law perspective, NDEAM is a time to focus on the legal framework that underpins disability rights in the workplace. For both employers and employees, this month serves as a crucial reminder of rights and responsibilities. Here’s what both should consider.
For Employers: Understanding and Implementing the Law
For employers, NDEAM is a perfect time to review and strengthen your commitment to an inclusive workforce. The cornerstone of this commitment is the Americans with Disabilities Act (ADA).
The ADA prohibits discrimination against qualified individuals with disabilities in all areas of public life, including employment. Employers must provide “reasonable accommodations” to qualified employees with disabilities, unless doing so would cause an “undue hardship” on the business.
Reasonable accommodations can take many forms, from simple modifications like a flexible work schedule or a new office chair to more complex changes like providing assistive technology or a modified workspace. This month is also an excellent opportunity for employers to:
- Review your business policies and ensure that they reflect a commitment to an inclusive and accessible workplace culture while also complying with your state and local regulations.
- Use display areas, such as bulletin boards, group chats (e.g., Slack, Google Chat, Microsoft Teams), and break rooms to post positive messaging and reminders about the importance of this month and why everyone should take time to reflect. Distributing articles and newsletters that address important topics to consider this month is also a great idea.
- Because they work the closest with employees, you should also train supervisors to ensure they understand the role they play in cultivating a disability-friendly culture.
- Participate in Disability Mentoring Day, which is held on the third Wednesday of October and focuses on career development for youth with disabilities through hands-on programs, job shadowing, and ongoing mentoring. This instills a deeper appreciation for their experiences.
- Provide training to your team on how to request accommodations.
The key is to engage in an interactive process with the employee to find a solution that works for everyone. By actively fostering a culture of inclusion, employers:
- Minimize the risk of costly and reputationally devastating lawsuits.
- Tap into a vast talent pool.
- Benefit from the diverse perspectives and problem-solving skills that employees with disabilities bring to the table.
- Vastly improve their company culture.
For some, this may require a mindset shift. It’s important to perceive these accommodations as being far more than a legal obligation. This inclusivity represents a smart business strategy.
Related Article: Best Practices for Inclusive Holiday Celebrations in the Workplace
For Employees: Knowing Your Rights
For employees, NDEAM is a powerful reminder of your legal protections. The ADA gives you the right to request a reasonable accommodation if you have a disability that affects your ability to perform the essential functions of your job.
Also, know that you don’t have to disclose your disability when you apply for a job, but if you need an accommodation, you should notify your employer. The law protects you from discrimination based on your disability, whether in hiring, promotion, pay, or any other term or condition of employment.
It’s also important to know that your employer must keep any medical or genetic information you share confidential and that you have a right to freedom from harassment, insults, or hostile behavior related to your disability.
You also have legal protections against retaliation should you report discrimination or participate in an investigation, and have legal safeguards from any negative punishment or consequences that an employer might try to inflict out of vindication.
Finally, if you are an employee with a disability, you should perceive NDEAM as a moment to feel empowered! You should take this month as an opportunity to learn more about your rights, understand the laws that protect you, and recognize your invaluable role in the workforce.
Related Article: Addressing Stress in the Workplace: Legal Considerations for Employers and Employees
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So, what is National Disability Awareness Month? It’s a celebration of a movement that has fought for dignity, equality, and opportunity in the workplace for generations. NDEAM is a moment to reflect on the progress made and a reminder of the work that still lies ahead.
As an employment mediator and commentator, I help audiences understand how these legal rights connect to today’s workplace issues, from the importance of reasonable accommodations to the economic benefits of a truly diverse and inclusive workforce. In the current climate, conversations about disability rights and employment law are more important than ever. I can help break down these issues so your audience can better understand what’s at stake.
Book me for a segment to bring employment law to light for your audience, and subscribe to and download my podcast for essential insights from legal and policy thought leaders.
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This communication is not legal advice. It is educational only. For legal advice, consult with an experienced employment law attorney in your state or city.