USA

USA 

At a glance

• Disability discrimination in the USA is covered by the Americans with Disabilities Act. Applicants, employees and customers with disabilities are protected. 

• More than 25 per cent of US adults have a disability (Center for Disease Control, 2022). 

Key stats

• 22.5 per cent of people with a disability in the USA are employed (Bureau of Labor Statistics, 2023). 

• Workers with a disability in the USA earned on average 42 per cent less than those without a disability (Atticus, 2022). 

• 56 per cent of accommodations made by US employers cost the employer nothing (Job Accommodation Network, 2023). 

The law

• Definition of disability – Under the Americans with Disabilities Act (ADA), a person is disabled if they have, have had, or are thought to have, “a physical or mental impairment that substantially limits one or more major life activities.” 

• Disability legislation: 
  • Americans with Disabilities Act 1990 (amended 2008) – Offers broad protection against discrimination in all areas of public life, including at work, at school, on transportation networks, and all public and private places open to the public. 
  • Rehabilitation Act 1973 – Prohibits disability discrimination in federal employment and programmes receiving federal assistance. 
  • UN Convention – The USA has neither signed nor ratified the UN Convention on the Rights of Persons with Disabilities. 

Culture

• Access to healthcare – Most Americans access healthcare through an employer – either their own, or a spouse’s or parent’s employer. There is no socialised healthcare provision. 

• Barriers to healthcare – Disabled people in the USA can struggle to access healthcare. 1 in 4 US adults aged 18-44 with disabilities have an unmet healthcare need because of the cost. 1 in 4 US adults aged 18-44 with disabilities also do not have a usual healthcare provider. (CDC, 2024.) 

• Disability and poverty – The cost of healthcare in the USA pushes many people with disabilities in the US into poverty. 44 per cent of seriously ill Americans living with long-term disability had used up all their savings, and 29 per cent were unable to pay for basic necessities. (Commonwealth Fund, 2019.) 

• Acceptable language 
  • Person-first language – Research by Bianca Prins in 2021 found that most businesses operating in the US tend to use person-first language (such as “person with X disability”). The US government also uses person-first language. Use of identity-first language (such as “disabled person” or “autistic person”) may cause offence and upset in large segments of US audiences. However, there are exceptions, such as the D/deaf community. Individuals will have their own preferences that differ from the trend. 
  • Accommodations –The ADA uses the language of “accommodations” when talking about changes at work, rather than “adjustments.” Individuals and businesses usually use this language.  
  • Style guide – The National Center on Disability and Journalism (NCDJ) has a style guide with words to use and avoid, and advice on how to talk about disability in the US. 

• Unacceptable language 
  • “Handicapped” – This term is generally not acceptable when applied to individuals. However, it can be acceptable when referring to facilities for disabled people, such as “handicapped parking” (according to the NCDJ style guide). 
  • Identity-first language – Using identity-first language (such as “disabled person”) is more likely to cause offence than person-first language (such as “person with X disability”). However, there are exceptions to this general rule. Always ask individuals what their preference is. Bianca Prins, who has researched this topic, recommends businesses use person-first language to avoid causing offence. 
  • Other unacceptable language – There are many terms relating to disability that are unacceptable in US society. Refer to the NCDJ style guide for more examples. 

Employment

• Adjustments / accommodations – Title I of the ADA “requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship” (ada.gov). Employers with fewer than 15 employees are exempt. 

• Asking for information – When can employers legally ask for information about disability? 
  • Employers cannot usually ask for information about disability during recruitment or once someone is employed. Employers can ask how applicants and employees would perform the core duties of the role, with or without accommodations. (US Equal Employment Opportunity Commission). 
  • Affirmative action – Employers can generally ask applicants and employees to volunteer information about disability status as part of “affirmative action” programmes. There may be exceptions to this depending on state and local laws. (US Job Accommodation Network). 
  • Medical examinations – Employers cannot ask applicants to take a medical examination before making a job offer. Employers can require a medical examination as a condition of a job offer, but only if this is a requirement for all applicants to that role. Employers cannot reject applicants because of information revealed during a medical examination unless it relates to their ability to perform the job and it’s necessary for the conduct of the business. (US Equal Employment Opportunity Commission). 

• Quotas – Employers are not required to employ a minimum proportion of disabled employees. Federal agencies are required to aim for 12 per cent of its workforce to have a disability. There are no penalties for failing to meet this target. 

• Positive discrimination – Can employers give preference to disabled applicants during recruitment? 
  • Yes – Employers can run voluntary “affirmative action” schemes to give preference to applicants with disabilities. However, the ADA limits what employers can ask about disability during recruitment (see above). 
  • Federal contractors and subcontractors – Section 503 of the Rehabilitation Act 1973 requires federal contractors and subcontractors to run affirmative action programmes for “qualified individuals” in all aspects of employment. (US Department of Labor). 

• Data – US employers are allowed to collect data on disability as part of voluntary “affirmative action” programmes. There is no general requirement to collect this data. See above for information about what employers can ask about disability. 

• Incentives – The US has three tax incentives for businesses that employ people with disabilities: 
  • Disabled Access Credit – Small businesses can claim tax credits if they incur expenses related to providing access to people with disabilities. 
  • Barrier Removal Tax Deduction – Businesses can claim back up to $15,000 per year for expenses relating to removing architectural and transportation access barriers. 
  • Work Opportunity Tax Credit – Employers can claim tax credits for hiring people with disabilities. They must qualify under the criteria. 
  • The Internal Revenue Service has more information. 

Customers

Title III of the ADA requires that “no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.” It sets out protections for customers with disabilities from discrimination. 

• Built environment – The ADA requires premises to be accessible to customers with disabilities. See ‘Built environment’ below for more information. 

• Service animals – The ADA established a legal framework for customers with disabilities to bring their service animals into customer settings. Businesses must allow service animals unless the animal is out of control, or it is a direct threat to health and safety. Customers with service animals cannot be treated “less than” other customers. 

• Auxiliary aids – The ADA requires businesses to provide or accommodate “auxiliary aids” that prevent customers with disabilities from being excluded, segregated or denied service. Auxiliary aids include interpreters, alternative formats and assistive technology. Businesses are not required to provide or accommodate auxiliary aids that would change the nature of the goods or service, or that would be too expensive or difficult. 

Built environment

Title III of the ADA requires that all new buildings must comply with the Americans with Disabilities Act Accessibility Guidelines (with some exceptions). Businesses operating in existing premises must remove barriers to access, where this is “readily achievable.” 

Digital accessibility

While digital accessibility is not explicit in the ADA or other relevant legislation, the US Department of Justice believes that its requirements to remove barriers and prevent discrimination apply to online and digital environments as well as physical environments. 

US legislation and regulations do not currently require any specific standard of digital accessibility.  

Country-specific disability organisations

• ADA.gov – Resources and guidance on how to meet legal requirements and examples of best practice. 
• Job Accommodation Network – A source of guidance and advice on providing accommodations to employees with disabilities. A service provided by the US Department of Labor. 
• The American Association of People with Disabilities – A disability rights campaigning organisation in the US. The AAPD works “alongside disability advocates, government agencies and corporate and nonprofit partners to advance the goals of the Americans with Disabilities Act”. 

Case studies

Global Conference 2023

Watch a video from JP Morgan Chase presented at our 2023 Global Conference about their BeST programme, focusing on enabling individuals with intellectual disabilities to enter the workforce:

Later, Danielle Meadows talked about how JP Morgan normalised disability inclusion in the culture firm-wide:

Danielle also explained how JP Morgan supports their disabled interns to transition from the internship into employment:

Finally, Danielle answered a question about getting disabled employees into leadership positions:

Watch the full programme of sessions from our 2023 Global Conference. You can see clips from past events on our Conferences page.

Would you like to showcase your organisation’s work on our Knowledge Hub? Contact enquiries@businessdisabilityforum.org.uk.