United States Employment Disability Discrimination Charges: Implications for Disability Management Practice

Abstract

It is 20 years since the passage of the Americans With Disabilities Act, yet employment and economic inequities continue for people with disabilities. The purpose of this article is to inform and encourage disability management leading practices to contribute toward reducing these disparities. The approach is an examination of where in the employment process applicants and incumbent employees perceive employment disability discrimination, leading to the filing of charges against an employer. Employment disability discrimination claims filed by individuals over 15 years (1993–2007) with the United States (US) Equal Employment Opportunity Commission or state and local Fair Employment Practice Agencies are studied. The authors analyse employment discrimination charges by year, basis (i.e., protected class characteristics, such as disability, age, or race), issue (i.e., actions of the employer, such as discharge, hiring, or harassment), employer characteristics (i.e, size of business and industry sector), and joint filings under Title VII of the Civil Rights Act (gender, race/ethnicity, and religious discrimination) and the Age Discrimination in Employment Act (ADEA). Special attention is paid to where in the employment process people with specific impairments are perceiving discrimination. Implications of these research findings for the practice and administration of disability management and employer policies are discussed.

Disability Diversity Training in the Workplace: Systematic Review and Future Directions

“…The longstanding disparity in employment between people with and without disabilities is partially the result of employer policies and practices that act as barriers for people with disabilities [23,68]. At this point, researchers have done much more to document negative employer attitudes than develop strategies to change these attitudes [3,53,69,70].…”

Creating Shared Value Through Implementing Vocational Rehabilitation In The Corporate Social Responsibility Strategy: A Literature Review

“…The promotion of vocational rehabilitation is most effective when CSR is anchored in the corporate culture. The commitment and support of all levels of the company, especially top management, is central and should be demonstrated regularly (Bruyère et al, 2010;Waddell & Burton, 2005;Kenny, 1995).…”

“…The commitment and generous cooperation of companies with social security agencies are basic conditions for successful vocational rehabilitation (Seing, Stahl, Nordenfelt, Bülow & Ekberg, 2012;Pilet, 2006). The company's commitment to vocational rehabilitation seems to require an appropriate corporate culture (Araten-Bergman, 2016;Bruyère, von Schrader, Coduti, & Bjelland, 2010;Cullen, Silverstein & Foley, 2008). For example, in addition to the commitment of management (Araten-Bergman, 2016;Higgins, O'Halloran & Porter, 2012;Waddell & Burton, 2005;Kenny, 1995), a climate of organizational diversity is an significant success factor for the integration of people with disabilities into the workforce (Araten-Bergman, 2016;Bengisu & Balta, 2011).…”

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

“…Chiefly, people with disabilities face further problems due to unemployment because they often lack health insurance, are more often in need of medical and hospital care than those with no disabilities, and spend more of their own finances on medical care than those who are able-bodied (Blanck, 1996;Karger & Rose, 2010;Karger & Stoesz, 2009;Kim, 1996). 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.…”