It’s National Disability Employment Awareness Month! And this is so important that we are dedicating our entire newsletter to educating you and keeping you informed. Regardless of your role in your organization, whether it is HR, Business Owner, leader or individual contributor, this topic is important for you to be educated on. Let’s get started.
I’ve tasked myself with writing about “perceived” disability. I’m writing about this type of disability, defined by the Americans with Disabilities Act, because I think most leaders don’t know about it, understand it, or believe it is a real thing. It is real, it can go very wrong for you, and it is where I see many leaders misstep.
First, ADA defines a disability as something that impacts a major life function, not a specific diagnosis and we don’t have a list. I once had a very good intentioned leader that wanted to provide the list of disabilities from Social Security to her leaders because it is black and white. And while many of those could be a disability under ADA, they don’t make it that clear for us.
Next, a disability can be a disability if a doctor diagnoses something that impacts a major life function. We know that. But here is the kicker – A disability can also be a disability under ADA if it is perceived. Here is what ADA says: “An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.”
Let me put that in other words… If a leader within an organization makes comments about their belief (whether they are joking or not) that an employee may have a disability, they NOW DO under ADA. Let me give you some cringy examples of what to never say, do or document:
· Label an employee as “being on the spectrum”. You are not qualified to diagnose someone as autistic. Not to mention, it’s disrespectful, unkind, and puts you at risk.
· Saying one of your employees is having a “real bipolar day”. You are not qualified to diagnose someone as bipolar. Not to mention, it’s disrespectful, unkind, and puts you at risk.
· Assuming that because you have ADHD, you recognize signs and symptoms in one of your employees. You are not qualified to diagnose someone as having ADHD. Not to mention, it’s disrespectful, unkind, and puts you at risk.
· Making “funny” comments about how your employee must have dementia because they keep forgetting their password. You are not qualified to diagnose someone as having dementia and, no, it doesn’t matter if you are kidding. Not to mention, it’s disrespectful, unkind, and puts you at risk.
Come on Kristi, it’s all in good fun or out of a place of caring; I want to help my employees. Well, my friends, it’s all fun and caring until it’s not. And you know when it’s not? When the employee gets written up or terminated. Then they really care about those “funny comments you made. And you know who else cares? The EEOC, a judge, the state, and on and on.
If you are thinking this is pretty far-fetched and you are probably safe from a situation like this, I wouldn’t rest on that. I have had multiple cases in the last 5 years that have involved a perceived disability that the employee escalated to a government agency. If they can make a case that action was taken against them by an employer because of a perceived disability, someone will listen.
So please, stop diagnosing, regardless of if it is in a joking manner, because you care, because you are making an excuse for an employee, or because you are trying to understand. You’re not qualified, it’s not kind, and IT IS RISKY.
Alright, I know I came in hot, but I wanted to be super clear and I’m trying to protect you.
Stay safe out there, my friends. And holler if you need us.
-Kristi