Despite decades of efforts to ensure employment opportunities for qualified individuals with disabilities, the unemployment rate for people with disabilities is 13 percent, which is one and a half times the rate for those without disabilities. In a time when many qualified candidates are vying for the same jobs, it's even harder than usual for qualified individuals with disabilities to find work.

The United States Department of Labor (DOL) is considering a proposal that could help fight disability discrimination. The proposed rule would require many companies with federal contracts to set goals to employ disabled employees at a minimum rate of seven percent of their workforce.

According to the DOL, this is the most substantial proposal for disabled Americans in the workforce since the passage of the seminal Americans with Disabilities Act in 1990. While the rule would not set a strict quota, it would require certain employers to devote resources to recruiting and retaining qualified employees with disabilities, as well as widen applicant pools and improve training programs to support that goal.

Businesses that fail to comply would be subject to penalties including mandatory training, loss of government contracts or back payments to applicants who have been denied employment.

This proposed rule would only apply to federal contractors with 50 or more employees and at least $50 thousand in federal contracts, so smaller businesses and those without contracts would not be required to comply with this particular rule.

Disability Protections in the Americans with Disabilities Act

The Americans with Disabilities Act offers basic protections for disabled workers in companies with 15 or more employees. The law does not require employers to set specific goals for hiring the disabled but does ensure "qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others." This includes recruitment, hiring, promotion, training, compensation, social activities and other privileges of employment.

The Act allows employees facing discrimination to file EEOC complaints and, in some cases, file claims for damages against an employer. If you have been discriminated against in the workplace or wrongfully denied employment, it is important to consult with an employment law attorney who can advise you of your rights.