This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. It has been updated by Jennifer Rhodes, Diversity Initiative Manager, Society for Human Resource Management, from the original, which was written in 1996 by Susanne M. Bruyère

Bruyere, Susanne M

Rhodes, Jennifer

English

DigitalCommons@ILR

	 W W W . H R T I P S . O R G 	 1A D V A N C I N G 	 T H E 	 W O R L D 	 O F 	 W O R K w w w . h r t i p s . o r g
What is Diversity in the Workplace?
Broadly defined, workplace diversity is the understanding, valuing, and effective 
management of the ethnic, socio-economic, and gender variety or diversity with-
in an organization’s workforce and among its customers. Many companies have 
recognized the importance of addressing the issue of diversity and are moving 
forward to establish and develop successful diversity initiatives. A primary cata-
lyst causing workplace diversity is the demographic shift of the U.S. population 
and, therefore, of the U.S. workforce. 
Demographic studies show that the composition of the population in the U.S. is 
more diverse than it has ever been, and it continues to diversify.  According to 
the Census Bureau, the nonwhite population, which comprised less than one-
third of the U.S. population at the turn of the century, is expected to increase to 
nearly half of the U.S. population by the year 2050.  As the number of persons 
with disabilities grows, so too does the number of persons of color living with a 
disability. According to the 2000 census, 16.8 million people with disabilities are 
also minorities. Minority persons with disabilities are disproportionately repre-
sented among the unemployed, and the employment outlook for them is bleak.
Given these changes in the population and in the labor market, there is an in-
creased reliance on non-traditional workers and the opportunity for organiza-
tions and individuals to capitalize on the array of ideas, creativity, and potential 
Diversity and the ADA
2 	 Diversity	and	the	ADA
contributions inherent in a diverse workforce. 
Attracting, recruiting, developing, and retain-
ing a qualified workforce from diverse popu-
lations is, and will continue to be, critical for 
business survival and organizational success.
What Is the Americans with Disabilities 
Act?
The Americans with Disabilities Act (ADA), 
passed in 1990, is legislation that is intended 
to “establish a clear and comprehensive prohi-
bition of discrimination on the basis of dis-
ability” and to ensure access and participation 
in society for persons with disabilities.  The 
statute is specifically directed at employment, 
public accommodations, public services (i.e., 
services delivered by state and local govern-
ments), transportation, and telecommunica-
tions.  Title I of the ADA prohibits employers 
with 15 or more employees from discriminat-
ing against qualified persons with disabilities 
in all terms, conditions, and privileges of em-
ployment, including recruitment, pre-employ-
ment screening, hiring, benefits, promotions, 
layoff, and termination.  The ADA also applies 
to labor organizations, employment agencies, 
and joint-management committees.
The ADA requires employers to provide rea-
sonable accommodations to qualified per-
sons with disabilities that will enable them to 
perform the essential functions of jobs held or 
desired.  An employer may not deny an em-
ployment opportunity to a qualified applicant 
or employee with a disability because of a 
request or need for a reasonable accommoda-
tion.  An employer does not have to provide 
an accommodation if it can demonstrate that it 
would impose an undue hardship on its busi-
ness.  
Addressing Diversity and the ADA
The term diversity can encompass several di-
mensions, such as race, ethnicity, gender, age, 
religion, sexual orientation, and disability.  Di-
versity, disability, and human resource profes-
sionals need to be aware of these dimensions 
when helping their companies recruit and 
retain employees, sell in the marketplace, and 
define diversity within their organizations. 
Persons with disabilities, including minority 
persons with disabilities, have the ability to 
make positive contributions in the workplace 
and to the success of organizations.
Today, diversity initiatives are less “affirma-
tive action”-oriented in that they now reflect 
both valuing diversity and managing diversity. 
Valuing diversity involves recognizing and 
appreciating the differences of individuals.  
Managing diversity emphasizes developing 
company policies, goals, and a culture that 
optimizes the productivity of all employees, 
by understanding their unique needs, motiva-
tions, and contributions. Also, model initia-
tives have revealed that diversity initiatives 
require the visible support of and commitment 
from senior management.
 
Successful diversity initiatives can include 
an array of programs.  Generally included 
is some form of training, as well as efforts 
to change the communication norms of the 
organization.  Specifically, employee surveys, 
employee networks, diversity management 
training, mentoring programs, and the use of 
company intranets are frequently put in place 
to assess and broaden the attitudes of employ-
ees and management.  Many corporations also 
examine their reward systems to ensure that 
employees are not being evaluated on their 
personal style, but rather on the merits of their 
work.  As a part of the initiative, flexibility is 
sometimes incorporated into the work sched-
ule.
	 W W W . H R T I P S . O R G 	 3
Employers are also making strides in assuring 
compliance with ADA employment provisions 
in their work environments.  This may mean 
training staff on the following topics relating 
to ADA implementation: 
• Employment pre-screening and applicant 
interviewing under the ADA
• The interplay of the ADA with other state 
and federal employment and non-discrim-
ination laws
• Writing job descriptions that clearly iden-
tify essential job functions
• The reasonable accommodation process 
• Career equity/promotional considerations 
for persons with disabilities
• Non-discriminatory performance apprais-
als 
• Employee relations with employees with 
disabilities (minority and non-minority)
• Customer relations with customers with 
disabilities 
• Negotiation/conflict management in the 
reasonable accommodation process
In summary, the implications for employers of 
addressing and understanding diversity and 
disability as related considerations include:
• Enhanced recruitment and retention ef-
forts 
• Improved productivity
• Expanded training programs that include 
both diversity (ethnicity, gender, and reli-
gion) and disabilities 
• Expanded policies and programs
• Improved morale  
What Is Reasonable Accommodation?
Reasonable accommodation is any modifica-
tion of or adjustment to a job, an employment 
practice, or the work environment that makes 
it possible for a qualified individual with a dis-
ability to apply for and perform the essential 
functions of a job.
Reasonable accommodation includes, but is 
not limited to, modification or adjustment of 
the application process to enable individu-
als with disabilities to apply for work, mak-
ing facilities readily accessible to and usable 
by persons with disabilities, modifying work 
schedules, reallocation of non-essential job 
functions, acquisition or modification of 
equipment or devices, and reassignment to a 
vacant position.  An employer is not required 
to reallocate essential job functions or to create 
“light-duty” positions.
  
An employer is not required to provide a rea-
sonable accommodation if it can demonstrate 
that it would be an undue hardship to do so.  
Whether a reasonable accommodation creates 
an undue hardship is a factual issue depend-
ing on factors such as the nature and net cost 
of the accommodation and the size and nature 
of the business.  The duty of reasonable ac-
commodation is situation-specific.  
What Is The Reasonable 
Accommodation Process?
To identify a reasonable accommodation 
under the ADA, the employer and employee 
may wish to engage in a flexible interactive 
discussion.  Generally, if an individual with a 
disability wants a reasonable accommodation, 
he or she must request one.  If the employer 
has already not done so, it should then deter-
mine the essential functions of the affected job 
and consult with the applicant or employee to 
determine the job-related limitations imposed 
by his or her disability.  The parties should 
evaluate possible accommodations and select 
one that allows the employee to overcome 
the identified job limitations.  While the em-
ployee's preference is given consideration, the 
employer has the discretion to choose between 
equally effective reasonable accommodations. 
4 	 Diversity	and	the	ADA
It is important that the concepts of non-dis-
crimination and equal access for all persons 
with disabilities be part of an ongoing discus-
sion in the workplace. Making an accommoda-
tion that meets an individual's specific needs 
is less difficult when organizations foster a 
climate that supports ADA compliance.  For 
example, when a person has difficulty per-
forming a nonessential job function and the 
employer accommodates that employee by 
reallocating the task, such a reallocation is 
usually easier when employees are prepared 
through prior training and ongoing group 
dialogue on accommodation issues. 
The ADA contains strict confidentiality re-
quirements pertaining to medical information 
obtained during a medical examination or 
inquiry.  Medical information must be collect-
ed and maintained on separate forms and in 
separate medical files and be kept confidential. 
There are certain narrow circumstances when 
such information may be disclosed, including 
informing supervisors and managers about 
necessary work restrictions or accommoda-
tions.
What are some suggested strategies for 
heightening awareness of workplace 
diversity considerations, multicultural 
persons with disabilities, and the ADA?
Successful implementation of both diversity 
and ADA initiatives require efforts to change 
corporate culture and attitudes.  Both suggest 
the need for staff training on non-discrimina-
tion practices, diversity awareness, diversity 
skills, flexibility in work schedules, and inves-
tigation of employee evaluation and reward 
structures.  The parallel nature of these strate-
gies suggests that the combination of disability 
and diversity initiatives is possible and would 
likely be advantageous to the success of both 
efforts. 
Selected strategies that may both further di-
versity initiatives and implementation of the 
ADA include:
• Diversity initiatives that include active 
recruitment and retention of individuals 
of all backgrounds with disabilities in the 
workplace through collaborative agree-
ments with state Vocational Rehabilitation 
agencies or local job placement services for 
individuals with disabilities.
• Development of targeted job programs for 
minorities with disabilities
• Development of a mentoring program for 
people with disabilities
• Making training, development, and pro-
motional opportunities available to all 
minorities seeking job advancement.  For 
individuals of all backgrounds with dis-
abilities, this may include supplying 
needed supports to enable them to access 
training, considering new positions, or 
acquiring needed retraining when a dis-
ability occurs that prevents a return to the 
original job position. 
• Integration of the nondiscrimination 
requirements of the ADA and Title VII of 
the Civil Rights Act for persons with dis-
abilities in all facets of staff training and 
human resources practices. 
• Making an organizational commitment to 
diversity by designating an organizational 
official to serve as a disability and diver-
sity specialist.
These are only a few of many proactive ini-
tiatives that employers can take to recruit 
and retain individuals with disabilities in the 
workplace, thereby expanding their potential 
labor pool and maximizing human resources 
to enhance workplace outcomes.
	 W W W . H R T I P S . O R G 	 5
Resources  
Books:
Beyond Race & Gender, R. Roosevelt Thomas, Jr.
Designing & Implementing Successful Diversity 
Initiatives, Lawrence Baytos
Diverse Teams At Work, Lee Gardenswartz, PhD 
& Anita Rowe, PhD
Making Diversity Works: 7 Steps for Defeating 
Bias in the Workplace, Sondra Thiederman
Race Matters, Cornel West
Redefining Diversity, R. Roosevelt Thomas, Jr.
DVDs and Videos:
Blue-Eyed/Brown-Eyed 
California Newsreel 
149 Ninth Street/420
San  Francisco, CA 94103 
Phone: 415.621.6196 
Fax: 415.621.6522 
http://newsreel.org
Diversity Management, Roosevelt Thomas, 
Society for Human Resource Management, 
SHRMStore, 800.444.5006 
http://www.shrmstore.shrm.org
Hotline: 
ADA Disability and Business Technical 
Assistance Center Hotline
800.949.4232 (voice/TTY)
Websites (Cultural Diversity & Disabilities): 
Society for Human Resource Management 
(SHRM) http://www.shrm.org
SHRM Diversity Web Page:  
http://www.shrm.org/diversity 
(SHRM membership number needed)
American Association of People with 
Disabilities
http://www.aapd.com
American Institute for Managing Diversity
1200 West Peachtree Street, NW, Suite 3
Atlanta, GA 30309
404.575.2131
Fax: 404.575.2139
http://www.aimd.org
American Society for Training and 
Development
1640 Kings Street, Box 1443
Alexandria, VA 22313
703.683.8100
Fax: 703.683.8103  
http://www.astd.org
Catalyst
http://www.catalystwomen.org
Department of Justice ADA Home Page
http://www.usdoj.gov/crt/ada/adahom1.htm
Institute for Corporate Diversity has a web 
site that provides access to diversity news and 
resources. 
http://www.diversity-online.org/ 
6 	 Diversity	and	the	ADA
The Job Accommodation Network has useful 
information about working effectively with 
employees with disabilities. 
PO Box 6080
Morgantown, WV 26506-6080
800.526.7234 (voice)
877.781.9403 (TTY)  
http://janweb.icdi.wvu.edu
National Association for the Advancement of 
Colored People (NAACP)
http://www.naacp.org
The National Forum on People's Differences 
maintains an interactive web site that allows 
visitors to pose diversity-related questions that 
are answered by experts. 
http://www.yforum.com
National Multicultural Institute
http://www.nmci.org
Equal Employment Opportunity Commission 
(Best Practices Study Results)
131 M Street, NE
Washington, DC 20507
800.669.4000 (voice)
800.669.6820 (TTY)
For publications call 800.669.3362 (voice) 
800.669.3302 (TTY)
http://www.eeoc.gov
 
	 W W W . H R T I P S . O R G 	 7
About this Brochure
This brochure is one of a series on human 
resources practices and workplace accom-
modations for persons with disabilities edited 
by Susanne M. Bruyère, Ph.D., CRC, SPHR, 
Director, Employment and Disability
Institute, Cornell University ILR School. 
It has been updated in 2011 by Laura Herzog, 
Director, EEO/Diversity & Inclusion Programs, 
Cornell University ILR School, from the origi-
nal, which was written in 1996 by Susanne M. 
Bruyere.  It was reviewed for legal accuracy 
by Beth Reiter, an independent legal consul-
tant, Ithaca, N.Y.,  with assistance from Sara 
Furguson, a Cornell University Employment 
and Disability Institute ILR student research 
assistant.
The full text of this brochure, and others in
this series, can be found at www.hrtips.org. 
More information on accessibility and accom-
modation is available from the ADA National 
Network at 800.949.4232 (voice/ TTY), 
www.adata.org.
Disclaimer
This material was produced by the Employment 
and Disability Institute in the Cornell University ILR 
School.   Development of the original brochure series 
was funded by a grant from the National Institute on 
Disability and Rehabilitation Research (NIDRR) (grant 
#H133D10155).   Content updates were funded by 
NIDRR grant number H133 A110020.  However, those 
contents do not necessarily represent the policy of the 
Department of Education, and you should not assume 
endorsement by the Federal Government.  
The U.S. Equal Employment Opportunity Commission 
has reviewed it for accuracy.  However, opinions about 
the Americans with Disabilities Act (ADA) expressed 
in this material are those of the author, and do not 
necessarily reflect the viewpoint of the Commission or 
the publisher.  EEOC interpretations of the ADA are 
reflected in its ADA regulations (29 CFR Part 1630), 
Technical Assistance Manual for Title I of the Act, and 
Enforcement Guidance.  
Cornell University is authorized by NIDRR to provide 
information, materials, and technical assistance to indi-
viduals and entities that are covered by the Americans 
with Disabilities Act (ADA).  You should be aware that 
NIDRR is not responsible for enforcement of the ADA.  
The information, materials, and/or technical assistance 
are intended solely as informal guidance, and are 
neither a determination of your legal rights or responsi-
bilities under the Act, nor binding on any agency with 
enforcement responsibility under the ADA.
The Equal Employment Opportunity Commission has 
issued enforcement guidance which provides ad-
ditional clarification of various elements of the Title 
I provisions under the ADA.  Copies of the guidance 
documents are available for viewing and downloading 
from the EEOC web site at: 
http://www.eeoc.gov
8 	 Diversity	and	the	ADA
Contact Information
Susanne M. Bruyère, Ph.D., CRC, SPHR
Director, Employment and Disability Institute
Cornell University
ILR School
201 Dolgen Hall
Ithaca, New York 14853-3201
Voice: 607.255.7727
Fax: 607.255.2763
TTY: 607.255.2891
Email: smb23@cornell.edu
Web: www.edi.cornell.edu
To view all the brochures in this series, please visit:
www.hrtips.org


Diversity and the ADA

This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. It has been updated by Jennifer Rhodes, Diversity Initiative Manager, Society for Human Resource Management, from the original, which was written in 1996 by Susanne M. Bruyère.A84_PDF_2001.pdf: 841 downloads, before Oct. 1, 2020.0-A64_TXT1.txt: 97 downloads, before Oct. 1, 2020.A64_TXT1.txt: 0 downloads, before Oct. 1, 2020

Bruyere, Susanne M.

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