Hiring Workers with Disabilities Is Good for Business: Here’s What Colorado Employers Need to Know

More than 10% of El Paso County residents are estimated to have a disability, according to the Independence Center, representing a vast talent pool that often faces lower employment rates and lower earnings than their peers.

The unemployment rate for people with disabilities is about twice the rate for those without. Employers commonly have misconceptions that workers with disabilities have lower productivity, higher turnover and absenteeism and open the workplace to litigation, according to a study from the U.S. Department of Labor.

But research shows that workers with disabilities have similar performance and higher retention rates than workers without disabilities, and the cost of any accommodations is low.

"You don't want to be isolated. Everybody wants to work and wants to be part of the community," says Paul Spotts, assistive technology specialist at The Independence Center.

What Is the Law About Disability in the Workplace?

The landmark federal legislation known as the Americans with Disabilities Act (ADA), which applies to all employers and government entities with 15 or more employees, prohibits discrimination against people with disabilities and guarantees equal opportunities for employment and most other facets of life.

The ADA defines a disabled person as an individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of an impairment or is perceived to have an impairment.

The Colorado Anti-Discrimination Act has even more expansive protections for individuals with disabilities, including requiring employers to allow service animals and service animals in training in the workplace. Exceptions are granted if a service animal would cause a threat to safety or cause undue hardship, such as an animal in a medical facility, says Morgan Hecht Dominguez, a disability rights attorney for Disability Justice.

It's illegal for employers to discriminate against qualified employees or job applicants solely because of a disability, according to the ADA. Employers must provide reasonable accommodation to those with disabilities, unless they present an undue hardship for the business.

What to Know About Workplace Accommodations

When an employee files a workplace accommodation request, the employer is required to conduct an interactive process, which includes talking with the employee to learn about their needs and the best accommodations to help them do their job, Hecht Dominguez says.

She says employers are not legally required to provide an employee's preferred accommodation, only an effective accommodation.

Hecht Dominguez recommends that both employers and employees document every step of the accommodation process so that both are protected against misunderstandings or legal consequences.

Although some accessibility equipment can be expensive, many accommodations are free or inexpensive, she says. It can be as simple as a modified schedule to accommodate someone's doctor's appointments or medical limitations, or a stool so a grocery store cashier can sit down.

Why Create Accessible Workplaces

Most people will either experience a disability or have a loved one who experiences a disability at some point in their life, Hecht Dominguez says.

Studies show that workplaces that accommodate people with disabilities often experience improved employee engagement, stronger retention, better customer satisfaction and broader work skills in their employee talent pool, she says.

"If you're doing right by your employees with disabilities, you're probably doing right by your employees generally, and that's going to lead to better satisfaction, retention and make your company a place that people want to work."

Morgan Hecht Dominguez, Disability Rights Attorney, Disability Justice