New Study Highlights Failure of the ADA and Need for Stronger Protections
PRESS RELEASE
FOR IMMEDIATE RELEASE
Workers with Autoimmune Ailments Alliance
Contact: Emmanuel Sessegnon
610-716-7699
New Study Highlights Failure of ADA and Need for Stronger Protections for the Autoimmune Community
Washington, DC – 10/14/2024 – A groundbreaking study conducted by Rare Patient Voice and the Workers with Autoimmune Ailments Alliance (WAAA) has revealed a critical lack of protections for individuals with autoimmune diseases in the workplace and higher education.
The study, which surveyed 170 participants with autoimmune diseases, found that a significant majority of respondents faced discrimination, difficulty obtaining accommodations, and even job loss due to their illnesses.
The majority said that current protections failed them due to their reactive nature. Only after the act of discrimination is committed is there any attempt to create a clear standard for what they are entitled to.
Currently, any accommodation requests have to be vetted by the EEOC through a long and cumbersome process to determine if an accommodation is reasonable. Without clear standards already in place, this makes it easy for companies -- and their lawyers -- to muddy the water regarding whether an accommodation is reasonable.
Even something as simple as a request to work from home due to a nerve condition can be dragged through court for years.
Proponents of the ADA argue its very existence deters discrimination. But most autoimmune workers and students say their accommodation requests are denied, forcing them to endure trials that can last for years.
As a result, unemployment among those with disabilities is higher now than it was before the ADA.
The study's findings underscore the need for stronger legislation and enforcement to protect the rights of individuals with invisible illnesses, particularly those with autoimmune diseases. Key findings from the survey include:
Discrimination and Lack of Accommodations: 60.6% of respondents reported experiencing discrimination due to their disability, and 57.6% stated that the Americans with Disabilities Act (ADA) did not adequately protect them in the workplace or school.
Barriers in Higher Education: 54.4% of college attendees who requested accommodations reported being unable to obtain the necessary support, and 35.3% indicated that they dropped out of college due to a lack of accommodations.
Workplace Challenges: 38.2% of respondents said they were fired from their jobs due to their disability, and 51.7% reported that their accommodation requests were denied.
Emmanuel, President of the WAAA, emphasized the urgent need for change, stating, "This study proves what we already know and which the disability establishment refuses to recognize: the vast majority of people with autoimmune diseases are being failed by the Americans with Disabilities Act."
"Nobody deserves to lose their job or education because of an illness," Emmanuel continued. "Reactive accommodation laws like the ADA rely on workers suing their own companies.”
“Waiting until someone gets fired to figure out what accommodations they are entitled to doesn't make sense. We need to create a clearly defined list of rights and accommodations for these individuals. That’s why we are advocating for the Autoimmune Protection Act, which does exactly that"
Rare Patient Voice, a patient advocacy organization, has been instrumental in providing a platform for individuals with rare and non-rare diseases to share their experiences and advocate for their needs.
The Workers with Autoimmune Ailments Alliance is a Washington, D.C.-based non-profit dedicated to safeguarding the rights of students and employees suffering from autoimmune illnesses. This includes the right to work from home and wear protective equipment, essential for managing symptoms and preventing infections.
