By Debra J. Nickelson DVM, MBA

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Introduction

Veterinary professionals hopefully represent the general population, especially the people whom they serve. That includes people of all abilities, physical, mental, and behavioral. A significant number of people have been diagnosed with or self-identify with neurodiverse issues, such as ADHD, autism, clinical depression, effects of long-term COVID-19, PTSD, strokes, and more. Or they have not been diagnosed but suspect their brains work differently than what is considered typical. Veterinary professionals are no different, and they may use their special ‘brain works” and skills for specific and challenging tasks during practice or industry-related work. 

 

This first of several articles discusses disability justice and the legal framework. The goal is to provide employers, administrators, managers, supervisors, and colleagues within the industry with deeper knowledge on how to critically evaluate processes around supporting and empowering individuals with facets that are classified as disabilities.

 

Disability Justice and the Social Theory of Disability

There are four models of disability: medical, social, charitable, and human rights. Most legal and human resource framework language is based on the medical theory of disability, and many media and popular culture imagery around disability are based on the charitable model of disability. Disability justice activists have put forward and self-advocated for the social and human rights models to facilitate the autonomy and empowerment of disabled communities. The definitions of the four models of disability are summarized as follows:

 

• Medical: The medical model of disability suggests that there is something wrong or broken with disabled people, either physically or mentally. The objective of the medical model is to fix or cure those with the disability, to make them as close to what is societally defined as normal, or dominant culture. Although the medical model can serve a purpose in treating symptoms that can have a negative impact on a disabled person’s life or health, it often is limited in its efforts to support disabled individuals as thriving contributors to their communities and enriching their lives in a comprehensive way.

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• Social: The social model of disability is a modern model shaped by those who are disabled speaking for and about their experiences. This suggests that the barriers in society are major contributors to those with disabilities not being able to participate in society. The problem is with systems, institutions, and social and physical spaces not being designed to be accessible. 

 

 

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• Charitable: The charitable model is one where disabled individuals are viewed as people who are unable to do things themselves, and they all need able-bodied individuals to step in on their behalf. This centers on non-disabled individuals rather than the pride and autonomy of those with disabilities, other disabled individuals, and results in a stereotype of disabled individuals being less than.  

• Human rights: The human model is grounded in the belief that disabled individuals are deserving of rights, pride, and community, and honoring their expertise in their experience.  

 

History and Meaning of Americans with Disability Act

Americans with Disability Act (ADA) was passed in July of 1990, six months after the “Capitol Crawl” where, following a march from the White House to the Capitol, 60 disabled protesters cast aside wheelchairs and mobility aids and crawled up the steps of the building as a physical demonstration of discriminatory architectural design. One of the activists, Jennifer Keelan-Chaffins, was eight years old. 

 

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The ADA is a civil rights legislation aiming to prohibit discrimination towards people with disabilities. The legal definition of “disability” includes people who have physical or mental conditions that greatly limit one or more major life activities. These can include both visible and invisible conditions. One key component of the ADA is the provision of “reasonable accommodations” for disabled individuals in the workplace. Title I of the ADA defines reasonable accommodation as “a modification or adjustment to a job, the work environment, or the way things are done during the hiring process.” Accommodations may include support such as assistive technology, changes to work settings, or adjusted work schedules.

 

There are two exceptions to the accommodations requirement:

1. An employer is not required to provide an accommodation if it will present an “undue hardship” on the business, such as if it is very costly or if it would alter the nature of the business.

2. An employer may refuse to hire or accommodate an individual who poses a “direct threat” to the health or safety of the workplace. That determination must be based on evidence from a healthcare provider or other source, and not on personal fears and stigmas about mental illness or neurodiversity. 

 

People who are neurodiverse or have mental health conditions may qualify for ADA accommodations. A person can qualify for the ADA if their condition “substantially limits” their ability to concentrate, interact with others, communicate, eat, sleep, care for themselves, regulate thoughts or emotions, or do any other major life activity. The condition does not need to be permanent or severe. It is common for mental health conditions to vary from day to day. Certain employers may require that the individual have a diagnosis and stated accommodation needs from a doctor or mental health professional. 

 

Process for Negotiating Accommodations

• Ideally, disclose your disability to your manager or supervisor before you have difficulties on the job or before your disability becomes serious and affects your performance. 

• You can ask your supervisor or manager if a general status instead of a specific status will suffice. 

• Keep it simple and use plain English. Don’t mention the phrases, “ADA” or “reasonable accommodation.”

• Put your disclosure and request for accommodations in writing, so you have documentation of what you asked for and when you asked. However, under the ADA, there are no requirements to submit requests in writing. 

• Your workplace may ask for a letter from a healthcare provider that documents the mental health condition and accommodations that are required.

• While the human resources department is required to keep all medical information private, they will move forward with the accommodation process. Your supervisor may be involved in providing the accommodations. 

• Human resources should recognize that the processes of navigating documentation and negotiation around accommodations can itself, create barriers for individuals with a disability.

 

References

Youth Affairs Council Victoria. (n.d.). Two models of disability. Retrieved from https://www.yacvic.org.au/ydas/resources-and-training/together-2/values-and-ideas/two-models-of-disability/

 

Social Security Administration. (n.d.). How to request accommodations - Ticket to Work. Retrieved from https://www.ssa.gov

 

Social Security Administration. (n.d.). Choose work! - Ticket to Work. Retrieved from https://www.ssa.gov

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