EEOC Releases Fact Sheet on Employment Rights of People with Intellectual Disabilities

The EEOC recently released a fact sheet on the application of the Americans with Disabilities Act (ADA) to persons with intellectual disabilities in the workplace.

According to the EEOC, the term “intellectual disability” describes the condition once commonly referred to as “mental retardation.” The new fact sheet addresses such topics as:

• When an intellectual impairment is covered by the ADA;
• When an employer may ask an applicant or employee questions about his or her intellectual disability;
• What types of reasonable accommodations employees with intellectual disabilities may need on the job;
• How to address safety concerns and conduct issues in the workplace; and
• How an employer can prevent harassment of employees with intellectual disabilities.

“More often than not, individuals with intellectual disabilities face barriers in the workplace posed not by mental impairments but by other people’s attitudes,” said Commission Chair Cari M. Dominguez. “People with intellectual disabilities want to work and have a lot to contribute. Employers who are not tapping into this community are missing out.”

The fact sheet is available at www.eeoc.gov.

Council’s Untangling the FMLA, ADA and Workers’ Comp Overlap program can help you weave your way through thorny ADA issues, including determining what constitutes a disability. Click on the link above for more information, including a detailed agenda, dates, and locations.