Getting Answers On Hiring The Disabled

Nation's Business, Nov 1, 1998 by John M. Williams

John M. Williams is president of Technical Communications, Inc., in Sterling Va., a publishing and consulting company that focuses on disability issues. The company publishes Assistive Technology News, a tabloid newspaper that informs readers of a wide range of assist ice-technology products that can benefit disabled people.

Although many employers would gladly hire people with disabilities, they often hesitate to do so because of questions about laws on hiring the disabled and about other issues. These questions and answers address some of employers most frequently expressed concerns:

Q. Where can I find information on a the Americans with Disabilities Act?

A. Employers can obtain copies of the ADA from the offices of their U.S. senators and representatives, at libraries and law offices, and at www.eeoc.gov, the World Wide Web site of the Equal Employment Opportunity Commission.

The EEOC site contains a wealth of ADA-related information. Employers can also call regional offices of the EEOC or write to EEOC, Office of Legal Counsel, ADA Services, 1801 L Street, N.W., Washington, D.C. 20005-1111. The toll-free phone number for the EEOC's headquarters is 1-800-669-4000.

The Web site of the President's Committee on Employment of People with Disabilities (PCEPD), at www.pcepd.gov contains fact sheets on the ADA in the site's publications area.

Employers can also write to the U.S. Department of Justice, Office of ADA, P.O. Box 66378, Washington, D.C. 20035-9998. The phone number is (202) 514-0301, and the number for those using a Telecommunications Device for the Deaf (TDD) or a Teletypewriter (TTY) is (202) 514-0383.

Q. If I hire a disabled person or pro mote a disabled person, will my company's health-insurance costs rise?

A. Fear of rising health-insurance costs often a major concern among employers thinking about hiring a disabled person, but often the concern is based on misinformation.

It's true that health-insurance rates may rise if a disabled person is hired, and such an increase is more likely in smaller companies than in larger ones. Some companies facing this possibility shop for a new health-insurance provider. If they find better rates, they might switch carriers or use the lower offer to negotiate better rates with their current provider.

Under the Americans with Disabilities Act, an employer may not refuse to hire an otherwise qualified individual with a disability (or a nondisabled person associated with a disabled person) on grounds that the company's health insurance would increase. Neither can an employer deny a person with a disability equal access to insurance or require such a person to meet terms and conditions of insurance different from those set for employees without disabilities.

Q. Does the ADA require me, as an employer, to provide health insurance to a disabled employee?

A. The ADA does not require employers to provide health insurance to disabled employees. But if the employer offers health insurance to other employees, the ADA requirements apply

On June 8, 1993, the EEOC issued what it called "Interim Enforcement Guidance on the Applications of the ADA to Disability-Based Provisions of Employer-Provided Health Insurance." Four ADA requirements are listed in the health-insurance area:

1. Disability-based distinctions are permitted only if the employer-provided health-insurance plan is bona fide and if the distinctions are not used as a subterfuge to evade the act.

2. Decisions regarding employment of an individual may not be motivated by concerns about the impact of the individual's disability on the employer's health plan.

3. Employees with disabilities must be accorded equal access to whatever health insurance the employer provides to employees without disabilities.

4. An employer cannot make an employment decision about any person based on concerns about health-plan costs because of the disability to someone with whom that person has a relationship.

For more information, contact the Disability and Business Technical Assistance Centers (DBTACS) at 1-800-949-4232 (Voice/TTY/TDD).

Employers may also call the EEOC at 1-800-669-4000. The TTY/TDD number is 1-800-669-6820, and the fax number is 513-489-8692.

The PCEPD is an excellent resource in this field. Its telephone number is 202-376-6200. The TTY/TDD number is 202-376-6205, and the fax number is 202-376-6219.

Q. What tax incentives are available employers who hire disabled people?

A. There are three tax incentives to help . employers either cover the cost of accommodations for employees with disabilities or make their places of business accessible for either disabled employees or disabled customers. They are:

* Small Business Tax Credit (IRS Code Section 44, Disabled Access Credit).

Small businesses that had no more than $1 million in revenues during the previous year or that have 30 or fewer full-time employees are eligible. The credit is 50 percent of an expenditure, but only for the amount between $250 and $10,500. (There are other federal, state, and local laws that can be used for additional tax deductions.) The maximum annual benefit is $5,125 and is deducted from the total tax liability after taxes are calculated.