| New Guidelines from the EEOC Regarding
Veterans with Disabilities and the ADAAA of 2008
In a February 28, 2012 Guide for Employers on Veterans and the ADA, the U.S. Equal Employment Opportunity Commission (EEOC) has stated that as a result of the ADAAA of 2008, many more service-connected disabilities of veterans will be considered disabilities under the ADA. A separate guide for wounded veterans on understanding their rights under the ADA has also been revised by the EEOC.
These recent guidelines are being driven by the higher rates of service-connected disabilities reported by recent veterans. Approximately 25% of recent veterans have a service-connected disability, compared to about 13% of all veterans, according to 2011 U.S. Bureau of Labor Statistics. Common service injuries include missing limbs, burns, spinal cord injuries, post-traumatic stress disorder, hearing loss and traumatic brain injuries. The Guide states that following passage of the ADAAA, some service connected disabilities will more easily be concluded to be disabilities under the ADA. This is important information for employers to include, and if necessary, to adapt in their recruiting and hiring efforts accordingly.
In terms of Hiring, the EEOC states in its "Guide for Wounded Vets" that employers in the private sector may decide to give veterans with disabilities a hiring preference. But during a job interview, an employer may not ask about an amputation, why the person is in a wheelchair or how the person sustained any injury he or she has. The Guide goes on to state, "Even if your disability is obvious, an employer cannot ask questions about when, where or how you were injured." However, where it seems that the veteran will need a reasonable accommodation to do the job, an employer may ask the vet if an accommodation is needed and, if so, what type. In addition, an employer may ask the vet to describe or demonstrate how they would perform the job with or without an accommodation. Even if an applicant might not be certain at the time of the job interview whether he or she needs a reasonable accommodation, vets were reminded in the Guide by the EEOC, that they can request an accommodation at any time during the application process or when they start working; even if the applicants did not ask for one when they applied for the job or after they received a job offer. In addition, the injured veteran might request a different or additional accommodation later if the disability and/or the job changes, or if another accommodation becomes available.
In terms of Recruiting, the EEOC's Employer Guide suggests steps an employer might take to recruit and hire veterans with disabilities. They include:
- Stating on a job ad or vacancy announcement that an employer is an equal opportunity employer and that individuals with disabilities, including disabled veterans and veterans with service-connected disabilities, are encouraged to apply
- Ensuring that online job announcements, recruiting information and application processes are accessible to individuals with disabilities, including applicants who have service-connected disabilities
- Making written recruitment materials, such as application forms and brochures, available in alternate formats such as Braille, large print, and assisting veterans with disabilities in completing application materials when necessary
- Sending vacancy announcements to, and asking for referrals from, government, community and military organizations and one stop career centers that train and/or support veterans with disabilities
- Posting advertisements and vacancy announcements in publications for veterans
- Attending job fairs and using online resume databases that connect job-seeking veterans with civilian employers
As for direction with Reasonable Accommodations, the EEOC Guide provides examples of accommodations some veterans might need, in order to apply for or to perform a job; and they include:
- Holding recruitment fairs, interviews, tests and training in accessible locations.
- Providing modified equipment and devices, such as assistive technology, glare guards for a computer monitor to be used by someone with a traumatic brain injury, and a one-handed keyboard for a person missing an arm or hand
- Physical modifications to the workplace, including adjusting the height of a desk or shelves for someone in a wheelchair
- Permission to work from home; and/or modified and part-time work schedules
- Allowing the veteran leave time for treatment recuperation and training related to their disability
- Reassignment to a vacant position when a disability prevents performance of the employee's current job or where accommodating the employee in the current job would result in undue hardship for the employer
EEOC Chair, Jacqueline Berrien, emphasized that, "The release of these publications demonstrates our commitment to ensuring that veterans with disabilities receive the full protection of the laws we enforce and that the employers understand how to comply with those laws."
Source: SHRM Website: LegalIssues/FederalResources/Pages/TwoGuidances.aspx - 2/28/2012 |
| Mary Belobraydich, SGS North America, Inc.
Melissa Davis, Plymouth Tube Company
Maureen Febo, PetSmart
Casey Fuller, Informative Screening Solutions
Suzanne Hamilton, Optimal Solutions
Susan McLaughlin, People's Resource Center
Tamara O'Brien, SteaknShake
Maureen Revane
Alexandra Sallay, Comcast
Joanne Walters, East Aurora School District
Scott Watson JD, Quarles & Brady LLP |
