ASA and ADA – Recruiting Opportunity – Persons with Disabilities

Business Man In Wheel Chair Shaking Hand In Office

Introduction

I am aware that some staffing companies may still look at the U.S. federal  legislation, the Americans with Disabilities Act (ADA), as a compliance issue. Although this law, and subsequent regulations, apply to most all businesses and public places. This article will go beyond compliance and focus on recruiting potential with the 21 million, non-institutionalized, Americans with disabilities.

The compliance issues are universal, and most business and public places have long since made the required basic accommodations. Yet many employers have not explored looking at the large pool of talented and fully qualified persons who can be a wonderful recruiting opportunity.

Background

Just this past May (2024), we published an article titled “The Staffing Industry and Aid to Persons with Disabilities”.

It focused on three areas, #1, the 1990 “Americans with Disabilities Act”, #2, the research work of Professor Peter Blanck of Syracuse University School of Law and Director of their Burton Blatt Institute (https://bbi.syr.edu/),  and # 3, the specific report of professor Blanck’s 1999 study of Manpower Inc’s very successful experience with hiring persons with disabilities. That article was titled; “The Emerging Role of the Staffing Industry in the Employment of Persons with Disabilities.

(Note: Manpower’s continuing work in this area is evident on the Homepage of their website (See items like “Diversity”, “Inclusion”, “People First”, etc.)

Recruiting Opportunity!

Staffing companies are, more than any other business, focused on recruiting. This is probably because their “products” are people, to be recruited and permanently placed, or to fill temporary positions in a wide variety of businesses and industries.  Then there is their recruitment of their own “core staff. So, they are always recruiting, or they are virtually “out of business”. There is a danger in using the analogy of people as “products”. Following that thinking can slip into more literal ways of actually treating people like “products”.

Every business is subject to that danger by thinking, often unconsciously, of employees as products or as parts of a machine which produces “value added” to raw materials. Good companies make great efforts to keep a business humanized by its policies, procedures, and working conditions. Of course, these activities can be simply public relations puffery or images without a corresponding reality.

That is why I was impressed by the early-after ADA activities of Manpower, Inc. They seemed to go “beyond compliance” and very soon after, or even before, the ADA law was passed in I990. Professor Blanck’s 1999 report of Manpower’s policies of “Inclusion and diversity”, from that time of 25 years ago is clear and may even be heroic. They seem to be continuing those policies today.

“Inclusion” is a very human idea and practice, since to be “excluded” is obviously not. We are all social beings where exclusion is often very painful and harmful and therefore “in human”. Same for diversity. Our country, even with our obvious flaws, has long been called a “melting pot” or our national motto “e pluribus unum (Out of many, one”). There is truth in those words, but certainly not universally so.

To be an “inclusive” company and or one that values “diversity” is to help “make a more perfect union” (U.S. Constitution) and bring us ever closer to our national spirit and goals.

Companies are not usually required to be inclusive or embrace diversity in anything beyond tokenism. So, when it is real it can easily be seen, i.e. in the beyond-token presence of the disabled.

The testimony of Manpower, Inc. in the 1999 article, is that these policies are sound business practices where talent can be welcomed without the self-imposed limitations of bias. They also testified to the public relations value of these policies. And when they add “People First” and have policies and procedures consistent with it, it gains credibility as well as “good will”.

When I think of “People First” (a policy, not simply a slogan), I remember a story my father talked about that happened in WW2. A well-loved grandfather in our family was drafted late in the war because he had 3 children. But not too late to take part in the “Battle of the Bulge” and the “Crossing of the Rhine” into Germany, and other military actions which ultimately brought the war to an end.

In that chaotic period of the war, his unit was often commanded by either of two generals, Omar Bradly or George Patton (as I recall), all of his fellow soldiers could always tell which General was calling the “shots” by the amount of artillery that was used before any attack.

General Bradley was called before Congress and was criticized for the very large amount of costly ammunition he used compared with other generals. He defended himself by answering, “when I send a thousand men into battle, I know I will not get them all back. But I want to get back as many as I can”

I would call his ammunition use, a “People First” policy and you can see and recognize other examples of it in the best of our companies today.

So, I congratulate Manpower, Inc. on their credible policies of Inclusion, Diversity, and People First. Based on experience, these policies have been a win, win, win, for the employees, the companies and our society at large.  Bravo!

How to Design Company Policies for Inclusion, Diversity, and People First

Diversity and inclusion symbol. Books with words ‘diversity and inclusion’ on beautiful white background. Diversity and inclusion concept. Copy space.

Although there are several sources for info and advice on these topics, (I will include 5 below), do not miss out on the enjoyment of putting together a company team and working on your own ideas, wordings, goals, etc. It is very important to get good advice, but this does not mean you should stay out of the process. Go for it!

Along the way you will also pick up important compliance information for persons with disabilities, like “non-discrimination in hiring, access and reasonable accommodation” (which might be simply having a computer workstation that is wheelchair accessible, etc.). But the major point here is to think beyond compliance and get into the much more upbeat spirit of creating a “People First” and “Inclusive” company.

If created, your company can advertise these policies in all your recruiting, for core staff, permanent placement candidates, and Temporary employees. It will be great public relations adding to the reputation of your company, i.e. “We are a People First and Inclusive Business Community”, or other brief statement.

To make the policy more real and credible, get specific. Add some really desirable yet doable, people-friendly policies like flexible work schedules, hybrid remote workdays, good pregnancy leave, formulas for increasing vacation days, tuition reimbursement, part-time half-day schedules for students of new moms, etc. You can choose benefits that are not expensive but help employees to create a better work-life balance.

Do some brainstorming. Think positive and “how something can be done rather than why it can’t”. Look at the websites of competitors to see what others are offering.

Below are some good resources to get started with what a People First, Inclusive company looks like and how to operate it successfully.

People First Resources

  1. American Staffing Association (ASA)

To their credit, ASA joined an “Alliance” with The U.S. Dept. of Labor’s Office of Disability Employment Policy (ODEP) in 2022 to promote employment for persons with disabilities. They have lots of good information and advice, but you can get lost in a lot of detail, so “keep it simple” and be selective.

Your “People First” policy development team members can be assigned short articles on this site or other resources (see below) to report on at each subsequent planning meeting.

  1. University of Iowa Law, Health Policy, and Disability Center . This link will take you to their list of publications on disability policy, Disability law, and other health issues.
  2. Syracuse University Burton Blatt Institute (Disability Research & Publications)
  3. S. Dept. of Labor Office of Disability Employment Policy (ODEP)
  4. Disability Law, and Inclusive Policy Consultant. I would suggest and recommend Professor Peter Blanck who is the Chairman of Syracuse University’s Burton Blatt Institute If he is not available, he should be able to recommend someone specific to your needs.

As Always, Stay Safe. Peace!