Job Discrimination in the Post-ADA Era

Abstract

The Americans with Disabilities Act (ADA) of 1990 was intended to facilitate employment, job retention, and workplace promotion of individuals with disabilities by protecting them from job discrimination. However, ongoing questions have been raised about the efficacy of the legislation. This study uses population data from the Disability Supplement to the 1994 and 1995 National Health Interview Surveys to assess rates of work discrimination among adults with disabilities ages 18 and older. The analysis suggests that nearly a 10th of all adults with disabilities who were in the workforce during the 5year period immediately following passage of the ADA experienced some form of job discrimination. People who reported job discrimination were more likely to be younger and poorer and to have more severe disabilities than those who did not report any dis-

Hiring of people with disabilities: Perceptions of Hispanic small business owners

“…Bruyère et al (2010) reiterate that since the passage of the ADA in 1990, employment and economic disparities have continued for people with disabilities. Kennedy and Olney (2001) state that the ADA's purpose was to help with employment, job retention and promotion in the work setting for people with disabilities-in other words, to protect them from work discrimination. However, these authors question the efficacy of this legislation.…”

“…They emphasize that despite the passage of the ADA, people with disabilities still have the worst (i.e., lowest) employment rate of any group in the U.S. Moreover, people with disabilities who reported job discrimination tended to be younger, poorer, and had more severe disabilities than those who did not report (Kennedy & Olney, 2001).…”

“…Title I specifically deals with the employment of people with disabilities, stating that people with disabilities cannot be denied a job simply because of their health status (Kennedy & Olney, 2001). It also requires that employers provide "reasonable accommodations" for employees with disabilities.…”

“…In essence, an owner's attitude can determine whether or not an individual gets work (Kennedy & Olney, 2001). Education and knowledge are huge factors to consider when taking employers' attitudes into account.…”

Persons With Disabilities in Self-Employment Served by the Federal/State Vocational Rehabilitation System: Differences Between 2011–2013 and 2017–2019

“…Moreover, two-thirds of PWDs who experienced workplace discrimination permanently left the workforce (J. Kennedy & Olney, 2001). PWDs who can no longer work and accumulated enough "work credits" may qualify for benefits from the Social Security Disability Insurance (SSDI) program (Social Security Administration, n.d.).…”