The attack on federal DEI (Diversity, Equity, Inclusion) programs that ended workplace hiring and accommodation of employees from marginalized groups has made an unfortunate impact on the disabled community, particularly within the federal workforce.
What is DEI?
Under DEI federal contractors were required to enforce a nondiscrimination policy, create an affirmative action plan with placement goals for women and minorities, implement programs to achieve these goals, and assign an official to oversee equal employment and affirmative action.
While the primary focus of the elimination order is on race- and sex-based affirmative action, the Order lumps together “DEI” and Accessibility (“DEIA”) efforts.
How Does DEI Affect Employees With Disabilities?
People with disabilities already face obstacles in finding employment, regardless of merit, and have hard fought for equity in workplaces, education, and public life.
With DEI policies in place, the federal government is the largest employer of people with disabilities. About 9.4% of the federal workforce were disabled in 2022. Ending its implementation will eliminate the plausibility of this career path for so many.
In the private sector too, the administration’s push to eliminate inclusion practices has been heard. The Order came after private companies threatening to target them with investigations. Google informed its employees in an email that it will no longer have hiring targets around improving diverse representation among its staff, and Walmart said it would abandon its DEI commitments.
A 2021 order prioritizing making the federal workplace more accessible for employees has been abandoned by the current administration as well.
Will Current DEI Hires Lose Employment?
Some will. The push for federal workers to return to full-time in-office work will likely be a problem for disabled workers who need to telework. Those who need accommodations can still legally be able to request them, but that process can be lengthy and challenging.
And although programs promoting disability inclusion, nondiscrimination, and accessibility are actually required under federal law, such as the Rehabilitation Act, legislation can only be as effective as its enforcement.
Do Disabled Employees Still Have Protection?
Section 501 of the Rehabilitation Act forbids discrimination by federal agencies against people with disabilities, including requiring reasonable accommodations, and it requires them to implement affirmative action for employment of people with disabilities, aiming for 12% of their workforce. Section 503 of the Rehabilitation Act prohibits discrimination against individuals with disabilities in employment, including employees who require reasonable accommodations, and sets a goal for 7% of the workforce.
These requirements come from statute and regulations, not from executive orders, which means Congress will have to act to eliminate them, undergo a rulemaking process and publish a new proposed rule.
Still, the administration could just stop its self-oversight, and force individuals and organizations to take on the fight to enforce it.
The executive order called DEI practices “shameful discrimination.” However, supporters of DEI programs argue they exist to prevent discrimination. According to the Pew Research Center, a majority of U.S. workers say focusing on DEI at work is a good thing. It addresses systemic inequities.
Know Your Rights
With the removal of DEI structures deprioritizing disability employment and accessibility funding, and with businesses that once made public commitments to disability inclusion walking them back, the Americans with Disabilities Act (ADA) is still in place despite the absence of structured DEI support. Grassroots accessibility movements, online advocacy campaigns, and consumer-driven accessibility audits will just have to take the gavel now, in holding employers accountable.
Disability inclusion is a movement not a mandate. Contact our firm to learn more.
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