Empirical study of the Americans with Disabilities Act: employment issues from 1990 to 1994

The Americans with Disabilities Act (ADA) of 1990 is the most comprehensive federal civil rights law addressing discrimination against one-fifth of the American population. This article is meant to contribute to the emerging dialogue on ADA implementation by presenting information from a longitudinal investigation of employment integration and economic opportunity under the employment provisions of the ADA, set forth in Title I of the act. The broader relevance of the investigation to emerging questions under Title I law is described. Thereafter, the investigation's seven core findings are presented, and then the implications for future investigation of the ADA are examined.     

Employment of individuals with mental disabilities: business response to the ADA's challenge

This research examines the response of the business community to the Americans with Disabilities Act (ADA) with specific focus on the employment of those with mental disabilities. The ADA is viewed as an important "rational myth" in that it represents both a legal and normative demand with which businesses are expected to comply. Yet employers' responses will be influenced by their attitudes toward persons with mental disabilities as well as their concern with legal sanction for discriminatory behaviors. A telephone survey was completed in a southern metropolitan area with a random sample of 117 businesses in order to access the knowledge employers have about the ADA (and its inclusion of those with mental disabilities), the compliance with the ADA, the employment practices, and the role played by stigma in the employment of individuals with mental disabilities. In terms of specific practices which indicated compliance with the ADA, a little over one-third of the companies which were surveyed by telephone had a Title 1 implementation plan, 15% had specific policies for hiring those with mental disabilities, and 37.6% had indeed hired such an individual. The role of coercive and normative rationales for compliance to the ADA was examined. It was found that receiving formal information about the ADA, threat of legal sanction, and previous employment of those with mental disabilities were all significant predictors of compliance with the ADA. Stigmatizing attitudes did not predict compliance, though employers did view those with mental disabilities with more discomfort than other types of employees.     

Genetic Discrimination and the Employment Provisions of the Americans with Disabilities Act: Emerging Legal,Empirical, and Policy Implications

The Americans with Disabilities Act of 1990 (ADA) is the most comprehensive federal civil rights law addressing employment discrimination against potentially millions of Americans. The Human Genome Project (HGP) is a federally funded research effort that seeks to map and sequence every human gene. This article is meant to contribute to the emerging dialogue on the interplay between the HGP and the employment provisions of the ADA, set forth in Title I of the act. The relevance of the HGP to emerging legal questions, including those arising under Title I and recent EEOC guidelines, is described. Thereafter, empirical issues are discussed, and directions for future investigation of genetic discrimination under the ADA are explored.     

Rural WIN-ings

This article explores the experiences of two Work Incentive Program (Win ) staff members in delivering employment-related services in a rural Win program. It deals with three prevalent rural obstacles to employment: transportation, flexibility with individual cases, and sex barriers. While disputing the theory that rural areas offer few employment possibilities for Win clients, we point out that, with flexibility and creativity, rural areas are productive in helping Win clients become self-supporting.     

When Do I Disclose?

SUMMARY

The Americans with Disabilities Act of 1990 (ADA) heralded a new era of civil rights for the disabled, including the mentally ill. This article concerns Title I of the ADA, protections against discrimination in employment. It is a revised version of an article orginally published in a consumer publication, the MDSG/New York Newsletter (Mood Disorder Support Group) to provide guidance on the pro's and con's of making disclosure of mental illness in the job environment. As such it is a valuable reference for both therapists and service recipients who wish to learn more about how the ADA relates to the employment of people with mental illness and who may be faced with the difficult decision of whether or not they should disclose their condition and request reasonable accommodation. Occupational therapists should be well-informed on this topic, to assist consumers with questions on disclosure, reasonable accommodations and other aspects of Title T. Employers can benefit by providing them with information about appropriate accommodations. And occupational therapists can advise both consumers and employers on how a psychiatric illness may affect work performance.     

To test or not to test: The status of psychological testing under the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) serves as a safeguard that employers are using only nondiscriminatory and valid selection measures. This article clarifies the point that preemployment psychological tests are not usually medical in nature and thus can continue to be used once the ADA becomes effective.     

A multiple-attribute decision-making approach to assess the disability of visually impaired workers

The Americans with Disabilities Act (ADA) has redefined employability and disability. The measurement and evaluation of the disabled worker's residual capabilities, in terms of worker strengths and weaknesses, job requirements and work environment, is the first step to comply with the ADA. This study presents an application of multiple-attribute decision-making procedures. The task is to develop a single index for use in assessing the disability of visually impaired workers through a consideration of factors defined by the U.S. Employment Service for successful job performance. The index can also be used to identify and prioritize the need for reasonable accommodation and to match visually impaired workers to appropriate employment.     

Accountability: A Total Commitment

The counseling profession has the knowledge and methodology to provide accountability in delivering its services. What remains is for leaders to use these resources and to develop more effective services. This article describes the program concepts and procedures implemented in one state employment service agency to establish an accountable counseling program. These procedures include the development of a compentency-based training and supervision system. The competency model is described and its goals are specified. Accountability at all levels of the system is defined, including the responsibility of management to guarantee the public quality counseling services.     

Vocational Services for Older Adults or “I Want to Work,But …”

The need for counseling and guidance services for the older job seeker has been stated and described in employment and counseling literature. This article describes one program designed to meet that need through 12-hour job readiness workshops, mini-workshops, and an employment information showcase.     

Using Information from an Early Intervention Program to Enhance Literacy Goals on the Individualized Education Program (IEP)

The Individuals with Disabilities Education Act requires that an Individualized Education Program (IEP) be developed for each child that receives special education services. To develop the most effective IEP, information is gathered from everyone who has worked with the child. In many schools the child receives early intervention services prior to referral to special education. One early intervention program that is utilized for first grade children falling behind in reading and writing is Reading Recovery®. The detailed information gathered as part of this program provides invaluable information that may facilitate development of appropriate literacy goals. This article discusses the information that is collected in the Reading Recovery program and provides an example of how this information can be utilized to support the development of IEP literacy goals.     

Different paths to justice: the ADA, employment, and administrative enforcement by the EEOC and FEPAs

Under Title I of the ADA, individuals who believe they have been subjected to disability-based employment discrimination may file an administrative charge. This article looks at who files charges; over what issues, and with what outcomes in both Equal Employment Opportunity Commission (EEOC) field offices, and state and local fair employment practice agencies (FEPAs). The data for the article are computerized records of all ADA charges filed through March 31, 1998. The data indicate that individuals who rely on a FEPA to investigate their charge have a greater likelihood of obtaining a beneficial outcome than individuals who rely on the EEOC, but proportionately more individuals receiving a beneficial outcome are likely to receive monetary benefits from the EEOC than from a FEPA. Further, those who receive beneficial outcomes will probably receive greater monetary benefits from charges investigated by the EEOC than from those investigated by a FEPA.     

Effects of Seeking Accommodation and Disability on Preemployment Evaluations

Within the context of the Americans With Disabilities Act (ADA) of 1990, we examined the impact of requesting accommodation and having a disability on ratings of applicant suitability for employment. Psychology students and human resources (HR) professionals reviewed application materials from a hypothetical job candidate and then evaluated the candidate's qualifications for the job. Participants were randomly assigned to 1 of 5 conditions that consisted of a candidate seeking or not seeking accommodation partially crossed with disability type (none, physical, or psychiatric). Three potential covariates were considered: HR employment status, and knowledge of and attitude toward the ADA. Results showed that asking for reasonable accommodation lowered suitability ratings, even when controlling for HR employment status, the only significant covariate. Also, a candidate with a psychiatric disability was given significantly lower employment suitability ratings than was a candidate with no disability. Implications for applicants with disabilities and employers are discussed.     

Transforming Dissatisfaction With Services Into Self‐Determination: A Social Psychological Perspective on Community Program Effectiveness1

A field study of supported employment for adults with mental illness provided an experimental test of cognitive dissonance theory. We predicted that most work‐interested individuals randomly assigned to a non‐preferred program would reject services and lower their work aspirations. However, individuals who chose to pursue employment through a non‐preferred program were expected to resolve this dissonance through favorable service evaluations and strong efforts to succeed at work. Significant Work Interest × Service Preference interactions supported these predictions. Over 2 years, participants interested in employment who obtained work through a non‐preferred program stayed employed a median of 362 days vs. 108 days for those assigned to a preferred program; participants who obtained work through a non‐preferred program also had higher service satisfaction.     

Assistive technology patenting trends and the Americans with Disabilities Act

This article examines the ways in which the growing economic market for assistive technology (AT) may be analyzed in the context of effective implementation of the Americans with Disabilities Act (ADA). It summarizes the results of an ongoing study of patent data from the United States Patent and Trademark Office (PTO). The purpose of the study is to examine how the ADA is fostering innovation and economic opportunity for AT developers, manufacturers, and retailers. The findings suggest that evaluations of the ADA based on its perceived costs to society need to be balanced by the range of societal benefits accruing from the law, including those unanticipated economic benefits found in the present study.     

What Employment Counselors Need to Know About Employment Discrimination and the Civil Rights Act of 1991

Under Title VII of the Civil Rights Act of 1964 there are two theories of liability for employment discrimination: disparate treatment and disparate impact. While disparate treatment deals with the adverse treatment of a specified employee, disparate impact deals with discrimination against a class of individuals. The Civil Rights Act of 1991 modified the law to allow plaintiffs to more readily bring a discrimination case. This article reviews the major components of the Civil Rights Act of 1964, the Civil Rights Act of 1991, and a proactive approach to using equal opportunity law in employment counseling.     

"Lost in a Shopping Mall"--A Breach of Professional Ethics

State universities have grown to become monumental enterprises generating revenues of more than $124 billion a year in the sale and delivery of education and other services. They compete in a marketplace composed of private secular, nonsecular and for-profit higher education institutions. In addition, state universities in their own right engage in a number of traditionally for-profit "business" enterprises competing with the private sector. However, as the enterprise aspect of state universities grows; so too does the impact of a unique competitive advantage enjoyed solely by state universities--that is, the ability of state universities to immune themselves from lawsuit in federal court under the guise of "sovereign immunity" for disputes arising under federal employment laws. Indeed, as a consequence of recent Supreme Court rulings, state agencies, including universities, are the only entities in the United States that are effectively exempt from the enforcement of federal employment laws in federal or state courts. This article reviews the condition of the "two faces" of the state university regarding federal employment law and the apparent new barriers to federal court access of employees to judicial review of employment disputes.     

Disability versus futility in rationing health care services: defining medical futility based on permanent unconsciousness--PVS,coma, and anencephaly

All societies must ration health care services in the face of unlimited demand. The concept of medical futility may appear to be an uncontroversial means by which to ration services. Depending upon how it is applied, however, limiting services based on alleged medical futility may violate prohibitions against disability-based discrimination. In particular, use of medical futility to require removal of life-sustaining interventions has been held to violate the Americans with Disabilities Act. The ADA protects both people with disabilities who are conscious and people in unconscious states, such as permanent vegetative state (PVS), coma, and anencephaly. Ultimately, as the number of people in permanently unconscious states increases, our society will have to recognize that consciousness is an essential characteristic defining human beings and determining whether a legal right to unlimited life-sustaining intervention should apply. This article proposes to define medical futility to preclude life-sustaining interventions after a stated period of permanent unconsciousness and to redefine the end of life consistently as neocortical death.     

Will the costs of accommodating workers with disabilities remain low?

Whether the costs of job accommodation remain low as more persons with disabilities enter the work force is a crucial issue in evaluating the progress of the employment provisions of the Americans with Disabilities Act (ADA). Much depends on the extent to which health and economic factors thought to raise or lower the costs of accommodation to employers actually predict accommodation outcomes. An empirical model of employer accommodation is specified and tested with data on a representative sample of Americans in their fifties. Among others, the results show that both the likelihood and extent of job accommodation are significantly influenced by cost-increasing and cost-decreasing factors, in each case in the direction predicted by the model. Inferences about the future trajectory of the costs of job accommodation and the employment effects of the ADA are discussed. Copyright © 1999 John Wiley & Sons, Ltd.     

Applying metaphors from physics to career/life issues

This article is based on a plenary address given at the 9th Annual Alberta Regional Consultation for Career Development (“Building Tomorrow Today”) in Edmonton, Alberta, Canada. The objective of the Consultation is to encourage the development of better links among practitioners and to provide a forum for the discussion of issues involved in community‐based employment services. In this article, the author summarizes and applies some of the major concepts in his latest book, The Physics of Living.     

The effects of impairments on employment and wages: estimates from the 1984 and 1990 SIPP

Unlike the minority groups covered by civil rights laws in the past, the disabled population is a heterogeneous group. Because of differences in the nature and onset of health conditions, it is important to study the labor market experiences of different impairment groups separately, rather than treating "disabled workers" as a single group. This article uses data from the 1984 and the 1990 panels of the Survey of Income and Program Participation to analyze trends in the employment and wages of six impairment groups in the years immediately preceding the ADA. The results confirm the diversity of labor market experiences within the disabled population and suggest that policies designed to improve labor market outcomes for workers with disabilities in response to the ADA should be targeted to the different needs of different impairment groups.