What is the Office of Disability Employment Policy (ODEP)?
The United States Department of Labor includes the Office of Disability Employment Policy (ODEP), which was created in 2001 as a sub-cabinet policy agency.
Legal Issues
Does an employer have to post information about the Americans with Disabilities Act?
If an employer is covered by the Americans with Disabilities Act (ADA), they must post a notice describing the provisions of the ADA.
Are there documents offered online in Spanish that discuss disabilities and education?
Yes. Here are a few examples:
What practices are covered by employment non-discrimination requirements?
According to the U.S. Department of Justice, "The ADA prohibits discrimination in all employment practices. This includes not only hiring and firing, but job application procedures (including the job interview), job assignment, training, and promotions. It also includes wages, benefits, leave, and all other employment-related activities."
Which employers are covered by title I of the Americans with Disabilities Act?
According to the U.S. Equal Employment Opportunity Commission (EEOC), "The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.."
Is there a policy to allow federal employers more flexibility when they hire job candidates with disabilities?
Yes. The federal government has a set of policies, the Schedule A Hiring Authority, to make it easier for federal agencies to hire people with disabilities.
Does an employer have to give preference to a qualified applicant with a disability over other applicants?
No. According to the U.S. Equal Employment Opportunity Commission's website called The ADA (Americans with Disabilities Act): Questions and Answers, "An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability." A detailed job description can be used to compare job candidate skills and experiences as they relate to the open position.
What federal laws in the U.S. protect the rights of people with disabilities?
The U.S. Department of Justice's Guide to Disability Rights Laws lists and summarizes the content of key federal legislation to protect the rights of individuals with disabilities. It includes information about the Americans with Disabilities Act, Telecommunications Act, Fair Housing Act, Air Carrier Access Act, National Voter Registration Act, Civil Rights of Institutionalized Persons Act, Individuals with Disabilities Education Act, Rehabilitation Act, and Architectural Barriers Act. It also includes links to additional resources.
What U.S. federal legislation protects the rights of students with disabilities?
The civil rights of people with disabilities were not specifically addressed in federal legislation until 1973 with the passing of the Rehabilitation Act.
Can an employer legally ask an applicant about current illnesses?
The following article appeared in the Chicago Tribune, Chicago, IL, April 9, 2006, and was distributed by the Great Lakes ADA Center.
Chicago Tribune (Chicago, IL)
April 9, 2006
Questions about illnesses not permitted in job interview
BY CARRIE MASON-DRAFFEN
Columnist for Newsday, a Tribune Co. newspaper.
Q. Can an employer legally ask an applicant about current illnesses? And how much does the applicant have to reveal?