In the News

By Leah Smith

In 1988, October was established by Congress as Disability Employment Awareness Month. The goal of this designated month is to “raise awareness about disability employment issues and to celebrate the contributions of workers with disabilities.” Inarguably, one of the biggest employment issues facing the disability community today is employment discrimination.  

According to the Equal Employment Opportunity Commission, “employment discrimination is to treat someone differently, or less favorably, for some reason.” This unfair treatment can be because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information. 

Of course, there are hundreds of different types of disabilities and ways in which they might impact employment opportunities. Disabilities can be cognitive, physical, and/or emotional, and often limit one or more major life activities.

It is also important to note the definition of ‘major life activities.’ A major life activity is something you do every day, including your body’s own internal processes. Some examples include:  

• Actions like eating, sleeping, speaking, and breathing 
• Movements like walking, standing, lifting, and bending 
• Cognitive functions like thinking and concentrating 
• Sensory functions like seeing and hearing 
• Tasks like working, reading, learning, and communicating 
• The operation of major bodily functions like circulation, reproduction, and individual organs 

As of July 2024, the employment rate for people with disabilities was 37%, compared to 75% among their nondisabled counterparts. After looking at cases of disability employment discrimination, we can see that it usually falls within one of the 6 following categories:  

• Hiring Discrimination: When qualified applicants are not hired based on their disability, rather than their skills or qualifications. 
• Wage Discrimination: When employees are paid less than their colleagues for performing the same job because of their disability. 
• Promotion Discrimination: When an employee is overlooked for promotions or advancements due to their disability. 
• Harassment: A work environment where an employee is subjected to unwanted comments, jokes, or behaviors based on their disability creating a hostile or intimidating work atmosphere. 
• Failure to Accommodate: When an employer fails to provide reasonable accommodations to employees with disabilities.  
• Termination or Demotion: When employees are unfairly fired, demoted, or forced to quit due to their disability. 

Of course, any one of these forms of discrimination can also happen at the intersection of other marginalized identities, only further impacting the individual and the organization. Being the recipient of employment discrimination can have long-term emotional, financial, and psychological impacts on someone’s life; however, it can also cause reduced productivity, cause higher turnover rates, have legal and financial repercussions, and cause a lack of diversity and inclusion within an organization. The term ‘intersectionality’ was coined by professor Kimberlé Crenshaw to describe how race, class, gender, and other individual characteristics “intersect” and overlap with one another. As this term has evolved, she has further explained, “Intersectionality is a lens through which you can see where power comes and collides, where it interlocks and intersects. It’s not simply that there’s a race problem here, a gender problem here, and a class or LBGTQ problem there. Many times, that framework erases what happens to people who are subject to all of these things.” 

Employment discrimination, particularly when viewed through an intersectional lens, underscores the severity of this issue. 

For example, we see a 20% wage gap between median annual earnings among nondisabled and disabled women in the United States.1 This breaks down to be about a $10,000 wage gap between nondisabled and disabled women ($40,400 compared to $50,000). (US Census Bureau, 2020)

This also means that, overall, disabled women are only paid .50 for every dollar a nondisabled man makes. (US Census Bureau, 2020) 

Further, the wage gap between white disabled women and black disabled women highlights the intersection of race, gender, and disability in the labor market. On average, there is a 10-25% wage gap between black women with disabilities and white women with disabilities. Factors such as education, location, and type of disability can impact this figure.  

According to another study, disabled transgender individuals are 5 times more likely than nondisabled cisgender individuals to report being unemployed and looking for work for more than a month. These data only further highlight Crenshaw’s point about how intersectionality shows ‘where power comes and collides.’ 

As a disabled woman, I find the above statistics to be sobering. But I couldn’t help but want real stories of real people I knew. So, like any good millennial, I took it to social media. As a disabled woman, employee, and mom, I asked over 1,400 friends, “what has employment discrimination looked like for you?” I received over 77 responses like:  

• “Being told that they should have hired a nondisabled person instead.” 

• “Prior to the pandemic, jumping through a ton of hoops and needing to disclose private medical information to have partial work-from-home status, but it took a pandemic that killed millions for work-at-home to be approved/acceptable.”  

• “Given a hard ‘no’ because they were afraid I would get hurt due to heavy lifting and/or moving products around. Then given a teddy bear to make up for it.”  

• “Told I was really lucky to have a job, as any other place would fire me for all of the accommodations I needed.”  

• “After I finished undergrad, the job search process was hell! I would go in for interviews and would get stares. I would be qualified for positions and literally get ghosted from employers.” 

• “I asked for an office chair that fits my body, and the response was ‘maybe you can just do something about your desk or how you’re sitting instead?’”  

• “Being given the nickname ‘Eeyore’ by a boss because of my mental health disabilities.”  

• “Was fired outright when they found out my label/disability.” 

• “Supervisor telling HR I was refusing to do my job because I couldn’t do it without the reasonable accommodation they were denying.”  

• “Being told that spending money to train me was a waste of resources, I’d never be management material. Then when I was a manager, moving my office to the former storage room because ‘watching you type is painful.’ I’ve been told that people like me don’t need to work because we can just live off federal disability, so I shouldn’t take a job away from someone with a family.”

• “Attending interviews where members of the interviewing panel asked how I dress myself and about my spouse.” 

While many of us are aware that laws such as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act are key pieces of legislation that provide some legal protections against disability discrimination, I would argue that, clearly, we haven’t done enough yet. Organizations like The National Center for Disability, Equity, and Intersectionality and American Progress, among many others, are advocating for key legislation that would end subminimum wage, get rid of asset limits for public assistance programs, increase funding for home and community based services, and  pass the Equality Act as methods of helping to solve this problem. As Michelle Obama recently said, we just need to ‘Do Something!’  

Leah Smith is the Associate Director of The National Center for Disability, Equity, and Intersectionality and Co-Facilitator for Her Power!, a national event aimed at teen girls with disabilities. She wears many hats, but being a mom to her two kids is, by far, the most important. 

By Andrea Jennings

Transportation is more than just a means of getting around; it’s a gateway to how we all access our community and society. When transportation services are inaccessible, disabled individuals are excluded from many aspects of life, including employment opportunities and social events.

Employees at all levels, from frontline staff and C-Suite top executives to mid-managers and senior managers, play a vital role in ensuring accessible transportation. Thoroughly vetting third-party contractors that work directly with disabled individuals to make sure that they understand how to interact with disabled individuals is something government agencies and organizations should prioritize. Although the Americans with Disabilities Act (ADA) will ultimately set the groundwork, using human-centered practices beyond legal compliance can yield more sustainable results than if implemented in a performative way. It’s about creating an experience that allows everyone equitable access with dignity and without attitudinal barriers. Let’s dive into some best practices of how transportation employees can offer services to users with disabilities in safe, respectful ways to create more accessible communities.

In practice, this may look like asking questions, taking the time to understand accessibility policies thoroughly, providing individualized support, and ensuring all equipment is functioning properly. Communication is always integral to accessibility: having signage and literature in accessible formats can make a significant difference. Additionally, being attentive to feedback and engaging in regular training is crucial for continually improving the travel experience for passengers with disabilities. Since 1/4 of Americans have a disability, it might also be helpful for employees to read books to understand the disability culture firsthand from people with lived experiences. Books like Disability Visibility by Alice Wong and The Anti-Abelist Manifesto by Tiffany Yu are good books to start with.

As Keith Jones, President of SoulTouchin’ Experiences, emphasizes, “The two key practices that can be adopted are already predicated in legislation. Also having continuous training on best practices, serving individuals with disabilities as well as consistently adhering to Department of Transportation guidelines and the ADA.”

Practical Measures to Enhance Accessibility in Ground Transportation

Practical steps are essential for transportation employees to improve accessibility. Training transportation employees and operators on how to operate accessible equipment successfully are also important, as well as emergency preparedness. Some of these tools set the employee and the passenger up for success. For example, employees can ensure that transportation schedules and wayfinding tools are within the customer’s reach and are in accessible formats, providing clear directions on the fastest and safest routes. Here are some additional practical tips from people with lived experience or who work in fields that support and advocate for accessibility beyond mere compliance:

Mark Waterson, CEO of Convalescent Aid Society, a non-profit organization providing free loan of medical equipment to community members, highlights a crucial aspect: “One of the keys to making transportation as accessible as possible is to make sure that seats and areas designated for disabled individuals remain open and available for those who actually need these accommodations.”

Zebreda Dunham, who runs the YouTube Channel “Zebreda Makes it Work,” notes, “When I go to the train stations, the elevators occasionally don’t work, and regardless if they work or not, the buttons are hard to reach. I often have trouble getting through the turnstiles because of people who are non-paying customers. It would be nice if an employee were there to keep the flow smooth and make sure that the disabled community can operate the systems smoothly.”

Clear Path of Travel – Rideshare, Taxis, Shuttles, and Event Parking

As an accessibility in entertainment and media strategist, I naturally attend many events and concerts. As a mobility aid user, a critical part of my accessible experience is the flow of accessible arrival and departure. Employees can ensure a clear path of travel by checking to see that paths from parking areas to shuttle pick-up and drop-off points are clear and accessible. There should be adequate signage, and drivers should be instructed to pull into these areas at the designated spots.

Enhancing Comfort and Safety

Comfort and safety should be at the forefront of every transportation employee’s mind. To prevent serious accidents, grab handles should be within easy reach, seats should be at appropriate heights, and equipment should be regularly maintained. However, aside from accessible equipment, employees can also enhance travelers’ experiences.

Treasure Sheppard, a Strategic Initiatives Project Manager at HACLA, highlights, “I find it refreshing when staff take the time to pause and be patient while assisting individuals with disabilities. This leads to better safety measures and customer experiences.”

Air and Sea Travel Accessibility

Air and sea travel can be a daunting experience for people with disabilities, but it doesn’t have to be. Employees, from check-in staff to flight attendants, play an essential part in the experience and safety of disabled travelers. Handling mobility aids with care and ensuring accessible boarding and seating arrangements are vital. In 2021, a friend to many and the late public figure and advocate Engracia Figueroa’s wheelchair was damaged when she returned from advocating in D.C. This wheelchair was custom built for her individual needs and ultimately was, as she put it, “an extension of herself.” If the employees had handled her wheelchair with care, her wheelchair would not have received the damage in the first place. Again, protocols alone are not enough; employees implementing the protocols, having more human-centered training, and hiring disabled consultants can make a world of difference and also save lives.

Training, Awareness, and Feedback

Proper training is crucial for all transportation employees to assist disabled passengers effectively. Effective training involves not only understanding how to use accessibility equipment but also how to interact respectfully and supportively with people who have disabilities. Sara Goldman, MPH, MSBS, ADAC, an Accessibility Coordinator, emphasizes, “There are many existing practices and policies that have been implemented to make bus, rail, and air transportation more accessible to people with disabilities. A key practice to adopt would be consistent and regular training to ensure that all employees are aware of policies and able to implement those practices for anyone who may wish to utilize them!”

Public awareness campaigns can also make a big difference by educating other passengers about accessibility protocols. For example, a report from the U.S. Department of Transportation (DOT) highlights how practical training and public awareness can reduce complaints and improve overall satisfaction for disabled passengers. Finally, it is essential to involve people from diverse disabled communities in the planning and feedback processes, as we are not a monolith. This can ensure that the transportation system is responsive, accessible, and inclusive, addressing the needs of all passengers.

Dana “MzDanaK” Jones, a community member and rising author of an autobiography called N the BLINK of an Eye, adds, “In my experience, they can help more when they obviously see that they might be needed and always be ready to accommodate with patience.”

Conclusion

Accessibility beyond compliance requires a strong commitment from all employees, from executives to frontline workers, to understand and address the diverse access requirements of all passengers. By focusing on human-centered improvements, maintaining safety and comfort, and fostering a culture of respect, transportation employees can offer services that allow everyone to travel with dignity and ease. In this way, we create more accessible communities.

Andrea Jennings, M.Mus., Series TV host as well as a producer for Access for All: Integrating Accessibility, is a disability & accessibility in media Strategist, director, and lead actress in an award-winning film. Passionate about music, law, and entertainment. Her journey led to creating Shifting Creative Paradigms – Leveling The Playing Field®  a multi-media social enterprise production co., that advocates for social justice through Disability culture, film, music, and art. She is a chair emeritus and current commissioner for an Accessibiity and Disability Commission. Andrea’s scholarly contributions include co-authoring the pivotal health equity report, The Atlantic | OPRG’s report on “The Intersection of Health Equity in Communities & Business Strategy,” which addresses systemic challenges in health equity. Her work has graced prestigious platforms like Park Avenue Armory, The Metropolitan Museum of Art, and Rutgers University. Her work has also been recognized in Forbes, Billboard Magazine, The Atlantic Magazine, The Hollywood Reporter, and The New York Times.

Rhonda Clark, 55, has spastic cerebral palsy. “I wasn’t supposed to live past 48 hours. I jokingly tell people I have cerebral palsy, but it doesn’t have me.”

Rhonda started going to Easterseals camp in Wisconsin from 1981 to the early 90s. She grew up in an abusive household, and the two weeks at camp were her reprieve. A week before camp ended, she cried knowing she had to go home. She shares how Easterseals camp allowed her to do exciting things she wouldn’t have otherwise, such as adaptive zip lining and swimming. She even met her first boyfriend at camp. “No one would judge me [there]; everyone was the same,” she said.

Rhonda at Easterseals Camp, 1983

Easterseals camp taught her independence and gave her the confidence to navigate inaccessibility and ableism as an adult. “I’m not one to just settle for what I’ve been told I can have. I’ve never been. And I think going to Easterseals camp as a kid made a huge impact on me in that respect, because that’s where I got my first taste of living independently.”

Rhonda currently lives in Nashville and moved there 28 years ago after graduating from the University of Wisconsin Green Bay in 1995. Her goal after college was to work in country music, and Rhonda was promised a job at a record label. However, fate intervened, and she learned of the label closing right before getting on the plane to Nashville. She had already shipped her belongings to her new home, including her power wheelchair, which she didn’t want to risk getting damaged on the flight. Despite knowing few people in the city, she didn’t want to be stranded in Wisconsin without her power chair, so she went ahead with the move.

“I literally pedaled my resume down music row,” she said. Rhonda was able to land a few gigs, and then spent two and a half years with United Cerebral Palsy in Middle Tennessee, where she helped book talent for their telethons.

Rhonda also volunteered for Easterseals, where she met her dear friend, Beverly Jones. Beverly was in a video for Holly Dunn’s song “I Am Who I am,” which Easterseals played during a telethon. The two met backstage where Rhonda was volunteering and have been a constant in each other’s lives ever since.

After her time at United Cerebral Palsy, Rhonda worked for Country Music Television for seven years, and then at a children’s hospital for 11 years.

Now, Rhonda is starting a non-emergency transportation company in Tennessee, Able and Ready Transportation Incorporated, to address the poor transportation options for disabled individuals – especially wheelchair users like herself.

Rhonda in her accessible van

Paratransit is only available in Davidson County, and Tennessee is a big state – not everyone can live in that service area. She shared that transportation is particularly challenging because of the lack of sidewalks and limited public transit outside of Davidson County. For example, Rhonda would be able to drive her wheelchair to her dog’s vet, which is less than a mile away, but there are no sidewalks to get her there safely; she has to rely on someone else to drive her, which impacts her independence and autonomy.

Her goal with Able and Ready Transportation Incorporated is to offer on-demand, low-cost, 24/7 access to accessible transportation for any reason – not limited to medical transportation. This service could help in a vast number of circumstances, such as when someone’s accessible vehicle breaks down on the road, potentially leaving them stranded, or getting them to work while their car is in the shop. It can unite friends for a night on the town – without a restriction on what time to go home. Able and Ready could also work with hotels or airports to ensure they have accessible shuttle options for wheelchair users. “I just want people to know they can live, work and be who they were created to be. And be with who they want to be with, when they want to be with them,” Rhonda shared.

Rhonda began working on Able and Ready in 2019 and was forced to delay plans because of the pandemic. She is now working with a small team to raise funds and navigate complicated laws around transportation and for-profit businesses. To deploy her services across county lines, which is vital to her mission in reaching all Tennesseans, there is a legal requirement to be a for-profit business.

She started raising money on GoFundMe but found that service was taking too much of a cut. She then moved to fundraising directly on the Able and Ready website. Able and Ready was able to fund one van, but there is still a need for more vans, office space, and staff. These overhead costs would put her in $300,000 in debt, but she is slowly raising that money to get them truly started.

Rhonda’s ultimate goal is to set a precedence in Tennessee and catapult this work to other states.

She proudly states, “somebody said that I set the bar too high, and I said, well, somebody’s got to.”