Rights or Quotas? The ADA as a Model for Disability Rights

Heyer, Katharina

doi:10.1007/978-0-387-09467-0_12

Cited by 8 publications

(11 citation statements)

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“…Although this study is limited to a specific social setting, it provides insight on how companies have interpreted quota laws and sheds new light on the role of recruitment processes to explain the limited impact of these laws. Similar government-imposed employment quota exist in many other European and Asian countries, and it would be useful to see if comparable mechanisms explain the limitation of their impact (Heyer 2005(Heyer , 2015Collins 2012). Moreover, this article helps us to understand why antidiscrimination law translates into recruitment processes that still lead to workplace stratification and overselectivity within minorities (Berrey 2015;Edelman 2016).…”

Section: Discussionmentioning

confidence: 99%

“…9 Second, they moved away from the medical model of disability, notably under the pressure of disability rights activists, and increasingly embraced the social model of disability (Oliver 2013) through deinstitutionalizing schools, claiming equal rights, and making public spaces accessible (Baudot, Borelle, and Revillard 2013). 10 Considering employment policies, the legislative battle was to move from a symbolic law that mainly favored raising revenues for institutions for people with disabilities through corporate taxes (Heyer 2005) to employment policies that favored the professional integration of people with disabilities. The employment priority of war-mutilated veterans from 1924 was extended to people with disabilities and work-related injuries in 1957 but remained a symbolic and theoretical priority-a mere "procedural requirement"-before the institution of a quota in 1987 (Maggi-Germain 2010, 100).…”

Section: Quotas and Disability Policies In Francementioning

confidence: 99%

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Tell Me Your Story: How Recruitment Practices Implementing Affirmative Action Laws May Undermine the Laws’ Goals

Buchter¹

2020

Law Soc. Inq.

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Scholars pointed out that antidiscrimination laws do not fully undermine workplace discrimination and that affirmative action policies mostly benefit overqualified or advantaged individuals within minorities. To elucidate this paradox, this case study analyzes how some companies adopted specific selection and assessment processes for job seekers after the reinforcement of a quota for workers with disabilities in France. I observed the creation of alternative recruitment channels, the hiring of disability experts for recruitment, the refusal of resume sorting as a prescreening tool, and an emphasis on face-to-face interviews. While these changes circumvented practices that could have excluded people with disabilities (resume screening as a preselection tool, inaccessible venues for recruitment), they changed these practices only in limited spaces within the organizations. Additionally, while they did help more people get hired, they also compelled more personal disclosure that led to a more emotional assessment of job seekers and enabled “refined statistical discrimination” within pools of job seekers with disabilities. This research therefore reveals recruitment practices that may increase the number of individuals with disabilities hired but that, at the same time, may facilitate overselectivity and trigger significant risks associated with emotional recruitment of individuals with disabilities.

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Section: Discussionmentioning

confidence: 99%

Section: Quotas and Disability Policies In Francementioning

confidence: 99%

Tell Me Your Story: How Recruitment Practices Implementing Affirmative Action Laws May Undermine the Laws’ Goals

Buchter¹

2020

Law Soc. Inq.

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“…Within the law itself and in academic research, workplace accommodation—particularly disability accommodation—has been the subject of generous scholarly treatment (Jolls ; Engel and Munger ; Krieger ; Grossman ; Koppelman ; Heyer ; Albiston ). This section analyzes the law itself as well as the sociolegal and professional school research (largely from the human resources and management fields) about accommodation that most directly influences this study.…”

Section: Accommodation At Work: Legal Social Science and Professionmentioning

confidence: 99%

The Deserving Worker: Decisions about Workplace Accommodation by Judges and Laypeople

Weinberg¹,

Nielsen²,

Albrecht³

2019

Law & Policy

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Employment civil rights laws require employers to make reasonable accommodations for certain workers so that they can perform their jobs. The “reasonableness” of an accommodation request should be based largely on the cost of the accommodation relative to the company's resources, but how do people really evaluate such requests? This study examines determinations of the reasonableness of workplace accommodation requests made by trial judges and ordinary people. Using a 2 × 3 × 3 between‐subjects factorial design, we test the effect of worker identity (nursing‐mother worker, transgender worker, and Muslim worker) and cost on determinations of reasonableness. We find that (1) the identity category of the requesting worker impacts determinations of reasonableness by both judges and laypeople, (2) the cost of the accommodation impacts determinations of reasonableness, (3) judges are more likely to think that accommodation requests are reasonable than are laypeople, (4) there is a complicated relationship between accommodation cost and employee identity, and (5) the cost of the requested accommodation mitigates the effect of identity significantly for judges but less so for ordinary citizens. While judges are less influenced by the identity category of the employee‐requestor than are their lay‐counterparts, social status plays a role in determining what constitutes “reasonable accommodation.”

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“…However, and especially in the US context, this focus on civil rights has tended to fuel a theoretical opposition between the notion of "rights" (reduced to civil rights) and that of "welfare" (viewed as synonymous to charity) (Waddington and Diller 2002;Kimberlin 2009;Heyer 2005;Ellis 2005;Scotch 2001). For example, comparing US and European policies towards disabled people in employment in the beginning of the 1990s, Lisa Waddington noted that "disability policy in Europe continues to be shaped, for the most part, by a welfare (or charity) model of people with disabilities, rather than a civil rights model" (Waddington 1994, p. 393).…”

Section: Disability Social Rights As Fundamental Human Rightsmentioning

confidence: 99%

“…Act (ADA), has been focusing more on antidiscrimination than on welfare (Heyer 2005;Vanhala 2011;Waddington and Diller 2002). Within a broad opposition between a social welfare model and civil rights model of disability policy, welfare has tended to be portrayed as opposed to rights, making it difficult to think of disability social rights as rights.…”

mentioning

confidence: 99%

Vulnerable Rights: The Incomplete Realization of Disability Social Rights in France

Revillard

2018

Social Sciences

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While disabled people embody a classical figure of vulnerability, this paper shifts the focus of attention to the vulnerability of their social rights. I address this question normatively and empirically. From a normative point of view, a common framing of disability rights as civil rights, under the influence of the Americans with disabilities Act (ADA), has tended to impede the discussion on disability social rights. By reasserting that social rights are fundamental human rights, the United Nations' Convention on the Rights of Persons with Disabilities (CRPD) contributes to bringing them back to the forefront of disability research. However, the realization of disability social rights also needs to be empirically assessed. Based on theories of social rights as well as on Weberian sociology of law, I point to two major ideal-typical characteristics of social rights: they are expected to reduce uncertainty, especially regarding the evolution of one's autonomy, and to foster a sense of citizenship. I then study the reception of two types of disability benefits in France, the Adult disability benefit (AAH) and the Disability compensation benefit (PCH), to assess to what extent these promises of social rights translate into the experiences of disabled citizens. My analysis is based on 30 biographical interviews with people with either visual or mobility impairments, conducted between 2014 and 2016. The results show the persistent vulnerability of disability social rights in France, pointing to the importance of the procedural dimension of rights realization.

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Rights or Quotas? The ADA as a Model for Disability Rights

Cited by 8 publications

References 0 publications

Tell Me Your Story: How Recruitment Practices Implementing Affirmative Action Laws May Undermine the Laws’ Goals

Tell Me Your Story: How Recruitment Practices Implementing Affirmative Action Laws May Undermine the Laws’ Goals

The Deserving Worker: Decisions about Workplace Accommodation by Judges and Laypeople

Vulnerable Rights: The Incomplete Realization of Disability Social Rights in France

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