Employment Law Update: Employees with disabilities

By:  Lori T. Williams, Owner/Managing Attorney of Your Legal Resource, PLLC

Attorney Danielle Sigler shares her perspective on the Department of Labor’s plan to increase employment of people with disabilities.  Sigler notes that while employment law has been her area of focus for the past 11 years, “it is an exciting and uncertain time in this area of the law.  Recently, there have been many changes to the Family Medical Leave Act, class action employment claims, and disability laws.”

This trend continues with the Obama administration’s proposal to amend the1973 Rehabilitation Act and encourages federal contractors to maintain a diverse workforce.”  US Secretary of Labor, Hilda L. Solis, touts this proposal as “one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act.”

Companies that maintain federal contracts were given a benchmark: 7% of  a company’s total workforce must be comprised of employees with functional disabilities.  This pertains to over 200,000 companies that generated over $700 billion last year.  Any companies that do not meet the benchmark could have their government contracts cancelled or lose eligibility for new contracts until they meet the target. Sigler believes this is major news, because if the proposal passes, “it will undoubtedly trickle down to encompass all companies, creating a major trend to hire more employees with functional disabilities.”

The Department of Labor stated that their rationale for adopting this amendment stems from the statistical truth that 79.2% of working people with functional disabilities are out of the workforce, compared to 30.5% of those without disabilities.  ”It is time to close this gap,” says Sigler.

Sigler notes that disabled employees are an untapped source of talent for companies.  She believes that once companies are mandated to hire more people with disabilities, the old mindset and stereotypes will fade and workers will be valued for their accomplishments rather than their limitations.  ”Furthermore, once stereotypes are eradicated, the corporate culture will trend away from the discrimination that I see everyday. This helps the disabled employee, who will feel like a valued member of the workforce, and it helps companies who are currently spending billions of dollars every year defending employment discrimination litigation related to discrimination.” Sigler also believes that the proposal will cause corporations to seek legal counsel for guidance on how to effectuate the change without violating other disability laws.

Not all Corporations are embracing this proposal, according to a recent Wall Street Journal article, and other sources.   Sigler counters, “In my experience, corporations want to hire the best candidates for the job.  I believe employers will be more open to candidates that are qualified but may come in a different package than what the companies are used to.  In doing so, I believe corporations will be surprised when they tap into talent that they never dreamed of. There will be a delicate balance at the onset which corporate clients fear.  However, if we can see beyond the initial hiring period, this proposal can transform our workforce in a positive way for both employers and employees.”

For additional information on this topic, click here.

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Danielle Sigler is an experienced Employment Law Expert and Litigator, located in Farmington Hills, MI. Her practice includes representation of small businesses and management individuals in litigation relating to violation of The Family Medical Leave Act, Michigan and Federal Elliot-Larsen Civil Rights Act, The Americans with Disabilities Act, Persons with Disabilities Act, Title VII of the Civil Rights Act and more. Her focus is on drafting employment documents, policies, manuals, contracts, and restrictive covenants, while also consulting corporate clients in litigation avoidance and workforce diversification.

Lori T. Williams is a 23 year attorney based in Birmingham, MI. She owns a legal referral and legal consulting business called Your Legal Resource, PLLC. She assists individuals and small businesses in need of legal advice or representation by connecting them with the right legal specialist for their situation. She also provides consulting services for attorneys and other professional service providers on how to generate more business through effective branding, marketing, networking, and by creating strategic partnerships. For more information, visit www.bestlegalresource.com.