Why is it Important to Recognize National Disability Employment Awareness Month?

Each October, the United States observes National Disability Employment Awareness Month (NDEAM), a campaign celebrating the contributions of workers with disabilities and promoting inclusive employment practices. Led by the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP), NDEAM is more than a commemoration; it’s a call to action for employers, labor organizations, and workers to champion equity and accessibility in the workplace.

The observance began in 1945, when Congress passed a law “To establish the first week in October of each year as National Employ the Physically Handicapped Week. In 1947, President Truman established the “President’s Committee on National Employ the Physically Handicapped Week.” This Committee assumed the responsibility of coordinating events and generating publicity for the week. Over the decades, it evolved, expanding in 1962 to include individuals with all types of disabilities and becoming a month-long event in 1988. This history reflects a critical shift from viewing disability as a deficit to recognizing it as a matter of civil rights and a natural part of human diversity.

Why NDEAM Matters for Employers and Unions

Recognizing NDEAM opens doors to tremendous opportunities. For employers, fostering a disability-inclusive workplace is a proven driver of success. Companies that champion disability inclusion consistently achieve higher revenue and gain access to a vast, talented workforce. An inclusive culture sparks innovation, elevates brand reputation, and strengthens employee retention.

For labor organizations, advocating for workers with disabilities aligns perfectly with their mission of solidarity and empowerment. Union representation makes a remarkable difference, closing the wage gap for disabled workers and increasing their wages by an average of 30 percent. Unions provide a powerful collective voice, empowering members to confidently request reasonable accommodations and ensuring job stability. According to the Center for Economic and Policy Research, disabled union workers were much more likely than disabled nonunion workers to have employer-sponsored health insurance (69.7 percent vs. 49.3 percent) and retirement benefits (46.5 percent vs. 30.1 percent). By championing disability rights, unions strengthen the entire labor movement and advance their leadership in social and economic justice.

Legal Protections for Workers with Disabilities

The rights of workers with disabilities are protected by federal law, most notably the Americans with Disabilities Act (ADA) of 1990. Modeled after the Civil Rights Act of 1964, the ADA is a comprehensive mandate for the elimination of discrimination against individuals with disabilities.

Title I of the ADA prohibits workplace discrimination against a “qualified individual” with a “disability.” This applies to employers that have 15 or more employees, including state/local governments, employment agencies, and labor unions.

A “disability” is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one. The ADA Amendments Act (ADAAA) of 2008 ensures this definition is interpreted broadly to provide maximum protection.

A “qualified individual” is someone who can perform the essential functions of a job, with or without a reasonable accommodation.

Understanding Reasonable Accommodations

A powerful cornerstone of the ADA is the requirement for employers to provide reasonable accommodations, which are positive changes to a job or work environment that enable an employee with a disability to perform their duties and enjoy equal employment opportunities. The ADA requires reasonable accommodations as they relate to three aspects of employment: 

• Ensuring equal opportunity in the application process.
• Enabling a qualified individual with a disability to perform the essential functions of a job.
• Making it possible for an employee with a disability to enjoy equal benefits and privileges of employment.

An employer must provide an accommodation unless it would cause an “undue hardship,” meaning a significant difficulty or expense. Contrary to common myths, accommodations are typically not expensive. Nearly half cost nothing, and the median one-time cost for the rest is only around $300.

When an employee requests an accommodation, the employer must engage in a good-faith “interactive process”—a collaborative dialogue to find an effective solution. An employee doesn’t need to use legal jargon; simply stating that a medical condition is causing a problem at work is enough to trigger this process.

Accommodations are vital for all types of disabilities, including nonapparent disabilities like mental health conditions, chronic illnesses, or learning disabilities. Examples include:

For mental health conditions: A flexible schedule to manage stress, a quiet workspace to reduce distractions, or time off for therapy appointments.

For chronic illness: Telework options, an ergonomic workstation, or modified breaks to manage fatigue or pain.

For learning disabilities: Providing instructions in writing, using text-to-speech software, or allowing for uninterrupted work time.

What Happens When Your Rights Are Violated?

While we’ve made significant progress, it’s important to know your rights and the resources available to support you. It is illegal for an employer to take adverse action against you—such as firing, demoting, or harassing you—because of your disability. It is also illegal to fail to provide a reasonable accommodation or to retaliate against you for requesting one.

If you believe your rights have been violated, you have the power to take action by filing a charge with the U.S. Equal Employment Opportunity Commission (EEOC). To protect your rights, it’s important to act promptly, as you generally have 180 days from the date of the discrimination to file (or 300 days in some cases). Acting within this timeframe ensures you can pursue the justice you deserve.

The EEOC process is a formal legal proceeding where having knowledgeable representation makes a meaningful difference.

How a Workplace Disability Discrimination Attorney Can Help

If you are facing discrimination, you do not have to fight alone. A workplace disability discrimination attorney is a critical advocate who can level the playing field and protect your rights.

An experienced attorney ensures all procedural rules and deadlines are met, preventing your case from being dismissed on a technicality. They will strategically build your case by gathering evidence, filing the EEOC charge correctly, and negotiating with your employer’s legal team. By handling the legal complexities, a lawyer allows you to focus on your well-being while fighting for the justice and compensation you deserve, which can include back pay, emotional distress damages, and punitive damages.

NDEAM is a Reminder to Commit to Year-Round Inclusion

NDEAM reminds us that the strongest, most productive workforces are inclusive ones. This calls for an ongoing commitment from employers to foster a culture of accessibility and respect, which includes providing regular disability awareness training for supervisors on ADA compliance and the accommodation process. If you are a worker with a disability, embrace your rights and your values. Your contributions are invaluable, and you deserve a workplace where you can thrive and succeed.

If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.