Introduction

On July 26, 1990, the Americans with Disabilities Act (ADA) became law. As of that day, and for the first time in history, 43 million Americans with disabilities are ensured equal opportunity both in and out of the workplace. With the unemployment rate for people with disabilities approaching 67 percent, the ADA has knocked down many employment barriers. However, even though it has been ten years since the law was passed, there are still employers who have not embraced the spirit and the letter of the ADA.

The rights of persons with disabilities are important. It is important to remember that people are not just born with disabilities, but often develop them later in life because of accidents, illnesses or as a result of the natural process of aging.

The ADA prohibits discrimination against people with disabilities in employment, public services, public and private transportation, public accommodations, and telecommunications — in short, in virtually every aspect of life. As a result, AFSCME and its services and activities must be truly accessible to all members. The ADA cannot completely overcome discrimination; however, if AFSCME’s 1.3 million members work hard to eliminate these invisible hurdles on the job and in their communities, the Union can make a difference.

Are AFSCME members with disabilities stuck in dead-end jobs, deprived of the opportunity for promotion because their employers are unfairly discriminating against them due to their condition? Are members laid off because employers claim they cannot afford to pay for the services of a reader or because the type of equipment used on a job has been changed? Are workers with disabilities paid less than non-disabled employees for comparable work or are they unable to take advantage of many of the employer’s benefits and services — use of the cafeteria, rest rooms, etc. — because of their disability? Or, are workers with disabilities subjected to insensitive treatment from their supervisors or even other workers?

If the answer to any of these questions is "yes," then there are actions that AFSCME local leadership and representatives should take to defend the rights of members with disabilities. All AFSCME staff should become familiar with the rights of people with disabilities, including the ADA and other federal and state laws, protective contract language and possible union actions.

There are several steps that are useful in fighting workplace discrimination against employees with disabilities:

• be familiar with the laws;
  
  
• fight for the rights of these employees;
  
  
• negotiate favorable contract language; and
  
  
• train local leadership and union members to be more sensitive to members with disabilities.
  
  

This guide explains how to handle many of the problems that these workers face and outlines a variety of strategies to conquer them.