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The Future: Looking Ahead Through a Changing Economy and Environment

by Sydney Geiger, Christina Gordley, Jacob Blevins and Jorden Jones

The Americans with Disabilities Act (ADA) has made a tremendous impact on the lives of people with disabilities over the past 30 years, and the work will not stop here. As America continues to advance, states must ensure that they are creating accessible and inclusive environments for people with disabilities. Looking to the future, it will be important to consider how innovations in technology, social and environmental factors and changes to the economy will impact people with disabilities. And as the nation faces the continuing COVID-19 pandemic, states must continue to recognize the effects it is having on each population, including people with disabilities.

Automation and Technology

Changes in and the adoption of automation and technology in the workplace has created a shift in the type, quality and number of jobs across the country. These changes have transformed the workplace and impacted the nature of work and skills workers need. While, in some cases, technology can be harnessed to reduce barriers to employment — such as the use of assistive technologies and more accessible transportation — technological advances can cause unintentional barriers for people with disabilities. These may include algorithm bias and poorly designed, inaccessible products. Policymakers must stay informed regarding advancements in automation, artificial intelligence, accessible technology and other technological changes to remove barriers and emphasize the opportunities created by these changes.

In 2019, CSG published a report, “The Future of the Workforce: Approaches to Increasing Access and Inclusion,” which expands on some of these issues. The report can be accessed at issuu.com/csg.publications/docs/seed_2020_accessible.

Artificial intelligence (AI) is an example offered in the 2019 report. AI is an area of technological change that is booming. It involves machines that think and act like humans and supports people with a variety of disabilities including visual, hearing and intellectual or physical disabilities through improving communication and safety. Additionally, companies are beginning to utilize artificial intelligence for hiring and service provisions, including screening applicants, processing applications, on-boarding training and providing information to employees.

Numerous AI features, such as predictive text, speech-to-text transcription and voice recognition, provide people with disabilities opportunities in more workplaces and jobs that were not accessible to them before these technologies.

However, for all its good, AI can also negatively impact people with disabilities, specifically through algorithm bias. Bias can be introduced through algorithms that favor individuals without disabilities as a result of design bias in incomplete data sets. Policymakers should consider policies and programming that may help prevent these types of biases.

Further, lack of accessible transportation also continues to be a barrier for people with disabilities looking to enter the workforce, receive services or participate in social activities. When looking at the future of transportation, autonomous vehicles are often at the forefront of the discussion. Self-driving automobiles allow vehicles to move from one location to another independently or with little engagement from the driver. The widespread introduction of affordable, accessible autonomous vehicles would have a significant impact on people with disabilities.

A 2017 study by the Ruderman Foundation found that mitigating transportation obstacles would enable employment for 2 million individuals, save $19 billion annually in health expenditures from missed appointments and potentially provide $1.3 trillion in savings from productivity gains, fuel costs and accident prevention, among other sources.

States are encouraged to ensure that transportation is widely available, reliable, affordable and accessible to people with disabilities in order to support access to the workplace.”

— 2016 report from The Council of State Governments titled, “Work Matters: A Framework for States on Workforce Development for People with Disabilities.” The full report is available at csg.org/NTPWD/ documents/SEED_Report_2006_000.pdf.

The Gig Economy

Changes to the structure of the economy, such as movements away from traditional forms of employment and toward the gig economy, may have substantial effects on the ability of individuals with disabilities to engage in the workforce. Individuals working in the gig economy are considered to be independent contractors rather than traditional employees, often engaged in short-term jobs or projects facilitated by app-based platforms.

According to Forbes, nearly 36% of people in the U.S. participate in the gig economy in some capacity. While the gig economy can offer the flexibility many people with disabilities may need, it may also lead to challenges with accessibility of platforms and a lack of worker protections.

The gig economy continues to be a relatively sustainable and alternative employment structure throughout the employment crisis brought about by COVID-19. In March, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act to expand unemployment relief to part-time, contract and gig workers. States including California, Colorado, Connecticut, Hawaii, Illinois, Louisiana, Maryland, Massachusetts, Nebraska, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Vermont and Washington have classified gig workers as employees. Securing employment benefits for workers advances economic security for people with disabilities employed in the gig economy industry.

The Future with COVID-19

On March 13, the U.S. declared a national emergency as the COVID-19 pandemic swept the country. All 50 states instituted some form of stay-at-home policies to decrease the exponential rate of infection. As social distancing and stay-at-home orders were implemented, many employers shifted their work model to allow working from home or modified shifts to allow for social distancing.

While individuals with disabilities are not inherently at a great risk for contracting COVID-19, they may be more affected by disruption of services including access to education, community supports and service provision as well as information, employment and health care. The existing challenges to accessibly living have been amplified amidst the pandemic restrictions.

Access to Services

“Flattening the curve” has become a key phrase over the past months as the American population works to modify its behaviors to allow medical systems time to prepare for and slow the spread of COVID-19 to prevent hospitals from exceeding capacity. As states began preparing for a potential surge in cases, access to medical care and rationing health care created fear and concern among individuals with disabilities.

The ADA has been the key policy roadmap ensuring that rationing based on disability does not occur. As the need for life saving measures such as ventilators and intensive care unit beds increased, hospitals developed crisis standards of care.

Due to complaints filed regarding vague or confusing policies, the U.S. Department of Health and Human Services issued a bulletin addressing civil rights, HIPPA and coronavirus to remind organizations that using a disability to determine whether an individual would receive health care is a violation of the ADA and the Rehabilitation Act.

“Individuals with disabilities should not be denied medical care on the basis of stereotypes, assessments of quality of life or judgements about a person’s relative ‘worth’ based on the presence or absence of disabilities.”

— U.S. Department of Health and Human Services March 28, 2020 bulletin. Read the full document at hhs.gov/sites/default/files/ocr-bulletin-3-28-20.pdf.

COVID-19 has served as a catalyst for change in public health policy. Working to address the spread of the virus has provided many opportunities and challenges for serving individuals with disabilities. Continuity of operations for

services and supplies that assist people with disabilities is critical to ensuring individuals maintain their health, safety, dignity and independence.

Private Sector Highlight: Microsoft

Microsoft has been an innovative leader in building a more accessible world through its commitment to the ADA and impact on people with disabilities in our everyday lives. Microsoft, a CSG Associate member, continues to work to develop innovative technologies to increase accessibility for all through product design, implementation and education.

The following is a statement from Microsoft about its work with accessibility:

“At Microsoft, we are committed to ensuring our technology empowers every person on the planet to achieve more. With the advent of the 30th anniversary of the ADA on the horizon and the current stay at home and work from home world — it’s an important reminder that technology and innovation can have a profound impact on the lives of people with disabilities.

To deliver products that empower, we manage accessibility like a business starting with the inclusion of people with disabilities across the company. Inclusive design principles are core to what we do, leaning on the skilling of employees on accessibility and underscoring the importance of authentic representation of people with disabilities. Our learning has been intense, and we have documented it along the way, sharing the Microsoft Accessibility Evolution Model (AEM) to help measure progress across a series of dimensions with five levels of maturity in the hopes that it accelerates your journey.

Accessibility can help break down barriers, and with the onset of COVID-19 staying connected virtually has become more important than ever. Please, if you need information, connection or have ideas, don’t hesitate to contact Disability Answer Desk or visit us at Microsoft.com/Accessibility.”

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