The Experience of the United States with Employment and Right to Work 

Protections—Quick Reference Guide 

National Council on Disability 

1331 F Street, NW, Suite 850 

Washington, DC 20004 

202-272-2004 Voice 

202-272-2074 TTY 

202-272-2022 Fax 

Lex Frieden, Chairperson 

Publication date: August 2, 2005 

This paper provides examples of the implementation of U.S. disability policy pertaining 

to employment. A more detailed description is provided in the attached policy paper. 

Legislation 

Under the Rehabilitation Act of 1973, federal entities and groups receiving federal funds 

cannot discriminate based on a disability. The Rehabilitation Act also requires 

affirmative action in the hiring, placement, and advancement of people with disabilities. 

The Americans with Disabilities Act (ADA) of 1990 strengthened the Rehabilitation Act 

by extending the non-discrimination principles to private entities and state and local 

governments. Title I of the ADA is specifically dedicated to employment and is based 

largely on the Rehabilitation Act. Title I pertains to employers with 15 or more 

employees, and the prohibition on discrimination applies to job application, procedures, 

hiring, firing, advancement, compensation, job training, and other terms and conditions of 

employment. Title I defines a person with a disability as an individual who (i) has a 

physical or mental impairment that substantially limits one or more major life activities; 

(ii) has a record of such impairment; or (iii) is regarded as having such an impairment. 

In order for an employee with a disability to receive protection under Title I, he or she 

must be a qualified worker who can perform the essential functions of the job with or 

without reasonable accommodation. Reasonable accommodations may include, but are 

not limited to, (1) making existing facilities used by the employees readily accessible to 

and usable by persons with a disability – for example, employee restrooms; (2) job 

restructuring, modifying work schedules, or reassignment to a vacant position; (3) 

acquiring or modifying equipment or assistive devices, adjusting or modifying tests, 

training materials, or policies; and (4) providing sign language interpreters or readers for 

individuals who are blind or have low vision. Under the ADA, an employer is required to 

make reasonable accommodations for a worker with a disability so long as the action 

does not require significant difficulty or expense when considered in light of factors such 

as the size of the company, financial resources, and the nature and structure of the 

operation. Moreover, the employer is not required to lower production standards in order 
to make an accommodation, nor is he or she obligated to provide personal use items such 

as hearing aids or glasses. 

•Technical Assistance 

The Equal Employment Opportunity Commission (EEOC) is charged with 

enforcing Title I of the Americans with Disabilities Act and provides technical 

assistance in order to inform employers and employees about their rights and 

obligations under the law. Technical assistance is offered through a variety of 

methods, including compliance manuals, an extensive website, a telephone 

hotline, and training seminars for employers and employees. 

•Enforcement 

Upon receiving a complaint against an employer for an ADA violation, EEOC 

will investigate the complaint, attempt conciliation, and if necessary, file a suit in 

federal court.1

 If the EEOC decides not to pursue an action against the employer, 

the agency may issue a right to sue letter, which allows an individual to bring a 

private action in the courts. Court remedies for suits against private employers 

include back pay, hiring, promotion, reinstatement, front pay, reasonable 

accommodation, or other remedies that will make an individual “whole.” 

Other Initiatives 

National and local governments are uniquely positioned to promote positive employment 

practices for people with disabilities in several ways. U.S. federal government has had a 

long history of employment promotion for people with disabilities. The federal 

government has a number of proactive policies to attract, hire, and retain individuals with 

disabilities and although far from perfect, it has resulted in many years of being a good 

employer. Some of the initiatives the U.S. government has undertaken are: 

•The Office of Personnel Management is the Federal Government’s employment 

and personnel agency, which is in a good position to ensure hiring, retention, and 

promotion of people with disabilities. Most federal jobs are competitive 

appointments, but the federal government also has hiring options for people with 

disabilities called excepted service appointing authorities. These special 

schedules, Schedule A and Schedule B, permit federal employers to appoint 

individuals with severe physical, cognitive or psychiatric disabilities, or who have 

a history of such disabilities, to positions for up to two years. 

•The Workforce Recruitment Program (WRP), coordinated through the U.S. 

Department of Labor’s Office of Disability Employment Policy (ODEP) and the 

Department of Defense, provides summer work experience, and in some cases 

full-time employment, for individuals with disabilities with federal agencies. 

Another federal program, Computer Electronics Accommodations Program 

(CAP), provides assistive technology for persons with disabilities working in the 

1

 Complaints filed against the federal government by federal employees are resolved under a different 

system. See http://www.access.gpo.gov/nara/cfr/waisidx_03/29cfr1614_03.html for more information. 
federal government. These accommodations include screen reader and voice 

input computer programs. 

•The Job Accommodation Network (JAN), also administered by ODEP, provides 

technical assistance concerning job accommodations. JAN maintains a database, 

which includes information on how certain accommodations can be 

accomplished. 

•Flexible Work Schedules: The Federal Government also promotes flexible work 

options for employees, which may often constitute a reasonable accommodation. 

One of the most effective work options is telecommuting, which allows 

individuals to work from home. The New Freedom Initiative that was announced 

by President George W. Bush in 2001 expands telecommuting by providing 

matching funds to states to guarantee low-interest loans for individuals with 

disabilities to purchase computers and other equipment necessary to work at 

home.