Reasonable accommodation for employees with mental disabilities: a mandate for effective supervision?

Reasonable accommodation under Title I of the Americans with Disabilities Act (ADA) for employees with mental disabilities is explored from a behavior analytic perspective. Although much of the attention in issues of reasonable accommodation is concentrated on persons with physical disabilities, it is argued that the needs of individuals with mental disabilities are in greater need of further study. The criteria for successful accommodation in the workplace for employees with mental disabilities is seen to be structurally different, but functionally similar to successful accommodations for employees with physical disabilities, and is based on the development of enabling environments. Behavior analysis offers a theoretical basis and performance management presents a methodological basis for analyzing, developing, implementing, and evaluating reasonable accommodation for persons with mental disabilities, largely in terms of effective supervision. It is concluded that Title I of the ADA may be seen as providing a mandate for effective supervision, which may also be extended to all employees.     

Physical educators' beliefs about teaching children with disabilities

The primary purpose was to extend Rizzo's research and identify the variables which contribute significantly to physical educators' positive beliefs about teaching children with disabilities. The second purpose was to structure physical educators' beliefs by conditions of disability. Participants were a stratified random sample of 168 physical educators, 79 men and 89 women from eastern USA. Responses to Rizzo's Physical Educators' Attitudes Toward Teaching Individuals with Disabilities-III indicated that teachers' beliefs were generally positive but varied by type of disability. Beliefs were more positive about teaching children with specific learning disabilities and less positive about teaching children with emotional and behavioral disorders. Significant predictors of positive beliefs were perceived competence, positive teaching experience with children with disabilities, and course work in adapted physical education. The study has important implications for programs of preparing students to teach.     

Is disability really an obstacle to success? Impact of a disability simulation on motivation and performance

In Western societies, statistics on the integration of people with disabilities into the labor market consistently indicate that this category of workers faces serious discrimination. Research has evidenced negative perceptions about their occupational skills, despite positive beliefs about their personal qualities. The main purpose of this study was to show how these subjective beliefs about disability can shape performance (speed and accuracy, Studies 1, 3, and 4) and self‐reported motivation (Studies 2, 3, and 4) of able‐bodied persons simulating a disability. Participants were 281 French students without disabilities who carried out a task either with or without a simulated disability. This simulated disability constituted an actual handicap to perform the task (Studies 1 and 2) or not (Studies 3 and 4). The first three studies were focused on cognitive abilities, whereas Study 4 introduced a job interview component. Results consistently showed that participants in the simulated disability situation completed the task more accurately than controls, but took more time to do so. Higher degrees of motivation and perseverance are found for participants in the simulated disability situation, except in a job interview setting. These results are important for understanding how subjective beliefs about persons with disabilities can constitute objective barriers to social participation, and more specifically, to access to the labor market.     

Predicting Job‐Related Expectancies and Affective Reactions to Employees With Disabilities From Previous Work Experience1

The relationship between the quality of previous work experience with a coworker who was disabled, job‐related expectancies of employees with disabilities, and affective reactions to employees with disabilities was investigated. Data from individuals who had worked with a coworker who was disabled were collected via an Internet‐based survey. The quality of previous experience with coworkers with disabilities predicted job‐related expectancies of employees with disabilities and affective reactions to employees with disabilities. More positive work experiences were associated with more positive expectancies and affective reactions. The relationship between previous experience and affective reactions was mediated by job‐related expectancies. Perceptions of increased job difficulty that were attributed to a coworker who was disabled predicted less positive job‐related expectancies and affective reactions.     

Associations between beliefs about and reactions toward people who stutter

PurposeThis study sought to assess whether beliefs about people who stutter (PWS) predict intended behavioral and affective reactions toward them in a large and varied sample of respondents while taking into account familiarity with PWS and the demographic variables of age, education, and gender.MethodsAnalyses were based on 2206 residents of the United States of America. The seemingly unrelated regression (SUR) technique was used to test the relationship between beliefs about PWS and behavioral and affective reactions toward PWS. Variables such as familiarity with PWS and demographic data were also controlled in the statistical model.ResultsFindings indicated that, when demographic variables and familiarity were taken into account, the accuracy of participants’ beliefs about PWS significantly predicted their intended behavioral and affective reactions toward PWS. The participants’ gender and familiarity with PWS were also associated with these reactions toward PWS.ConclusionThe finding of an association between beliefs and intended reactions validates attempts to improve public treatment of PWS through improving the accuracy of beliefs about PWS. Additionally, because familiarity with PWS is a significant predictor of helpful and positive reactions toward PWS, interventions involving PWS educating others through direct interpersonal interactions may be one effective way to improve public reactions toward individuals who stutter.     

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.     

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.     

Lesbians With Physical Disabilities: A Qualitative Study of Their Experiences With Counseling

The authors interviewed 25 lesbians with physical disabilities about their counseling experiences. Using a phenomenological qualitative approach, the authors identified 9 themes. Five themes addressed participants' perceptions of their counselors: general satisfaction or dissatisfaction, counselors' general effectiveness, counselors' awareness and education regarding sexual orientation and/or disability, discrimination and bias, and counselor identity. Three themes related to the participants' attempts to negotiate the counseling process: coming out or self‐disclosure, self‐advocacy, and accessibility/accommodations. The final theme related to depression.     

The vocational well-being of workers with childhood onset of disability: Life satisfaction and perceived workplace discrimination

Workers with disabilities are understudied, and workers with childhood onset of disability have been excluded from many of the studies on disability and work that do exist. This research compares the effects of childhood and adult onset of disability in a nationally representative sample of workers with disabilities. Educational disruptions due to disability status in childhood are negatively associated with life satisfaction and positively associated with perceived discrimination. Although age is associated with increased life satisfaction and decreased perceptions of discrimination for workers with adult disability onset, age is unrelated to these outcomes for workers with childhood disability onset. Receiving workplace accommodations is positively associated with satisfaction and negatively associated with discrimination for both groups, however, these relationships are stronger in magnitude for the childhood disability onset group. Organizational environments, both in education and in the workplace, play a critical role in the vocational well-being of workers with childhood disability onset.     

When good decisions have bad outcomes: The impact of affect on switching behavior

Four experiments test the hypothesis that an unfavorable outcome of a good decision leads individuals to switch away from that decision due to negative emotional responses to the outcome. Negative emotional reactions led many participants to abandon the option that they recalled as having been more successful overall in the past (Study 1) and which they expected to perform better in the future (Study 2). A prompt to consider the future success rates of the two alternatives did not eliminate switching (Study 2). An experimental manipulation in Study 3 indicated that individuals switch when they focus on their affective reactions rather than beliefs about the earlier disappointing outcome. In Study 4, individuals with a general tendency to focus on cognitions (i.e., those high in need for cognition) were less likely to switch away from the better option following a disappointing outcome. These results suggest that an emotional reaction to a negative outcome can lead people to switch away from the options that they believe are most likely to be successful on the next occasion.     

Ingroup ambivalence and experienced discomfort: the moderating roles of affective versus cognitive attitudinal basis, group identification, as mediated by negative beliefs about the ingroup

Prior research has found individuals' reactions to vary depending on whether such associations are activated by emotions (an affective basis) or by beliefs (a cognitive basis) about the object's properties. Accordingly, this conceptual distinction should be relevant also for the discomfortive responses to one's ambivalent attitudes regarding fellow group members (or the ingroup). Findings from two studies support the argument that ambivalence-associated discomfort a) is a general tendency when it regards affect-based ambivalence towards fellow group members, while b) only holds for the more identified group members when ambivalence concerns beliefs about the ingroup, and for this latter group members c) this tendency is driven by the strength of their negative beliefs about the ingroup or fellow group members.     

Career and Career-Related Educational Concerns of College Students With Disabilities

This article providas career counselors with an overview of career-related issues relevant to students with disabilities in postsecondary educational settings. Topics addressed include the impact of disability on career development, the impact of disability on postsecondary educational participation, and access and accommodation issues. The authors argue for an expanded role for career counselors who work with college students with disabilities. It is concluded that career counselors can play an important role in facilitating college students with disabilities in their adaptation to the college environment, their acquisition of appropriate accommodations, and their transition to employment.     

Stigma of mental and physical illness and the use of mobile technology

Research has shown the stigma attached to mental disabilities, yet little research has directly compared the experiences of people with physical disabilities and those with mental disabilities. Not only are both conditions likely perceived as stigmatizing, but the pervasive use of mobile technology may be one means by which people with disabilities can manage and understand their disability. Four hundred and eighty-seven individuals with physical and/or psychological disabilities completed a survey examining whether they would be willing to use mobile technology to manage their disability and how stigmatizing they perceived their disability to be. Willingness to use mobile technology was related to the age of the sample as well as the type of disability. Individuals with psychological disabilities were more likely to use certain forms of mobile technology relative to those with physical disabilities. Observed differences between physical and psychological disabilities are discussed in terms of the symbolic interaction stigma model.     

Predictors of COVID-19 precautionary behaviors to protect people with disabilities

Disability is conceptualized using one of two major frameworks: the medical and the social model of disability. The medical model of disability describes disability as an individual issue in which the appropriate intervention is to remove the disability. The social model of disability describes disability as a social construction in which the appropriate intervention is societal change to increase accessibility. This study drew on models of disability to understand predictors of engagement in COVID-precautionary behavior prior to the vaccine to protect people with disabilities (PWD) from contracting COVID-19. Participants (n = 720) with and without disabilities (n = 77 and n = 633, respectively) completed an online questionnaire measuring disability beliefs, attitudes toward PWD, concerns about PWD contracting COVID-19, and engagement in behavior protecting PWD from contracting COVID-19. Medical model beliefs were negatively associated with behavior. In addition, negative attitudes toward PWD and low concern about PWD contracting COVID-19 fully accounted for the relationship. Social model beliefs were positively associated with behavior. In addition, positive attitudes toward PWD and greater concern about PWD contracting COVID-19 partially explained the relationship. These findings suggest that framing disability as a social construction rather than a medical issue could promote greater public health behavior to protect PWD from contracting COVID.     

Disabilities and impairments: strategies for workplace integration

This article argues that disabilities are, within many of the U.S. debates, best understood as certain kinds of impairment affecting a person's capabilities to perform socially defined roles and functions within specific environments. We also argue that it is not the impairments per se that lead to claims about what we ought to do or ought not do for people with disabilities. Rather, it is only within the context of capabilities being linked to the concept of freedom--almost universally valued in the current U.S. socio-political environment--that disability issues take on an ethical tenor. Additionally, we link the notion of disability to that of social capital. In particular, we argue that any social organization that discriminates against people with disabilities by attenuating their opportunities within that environment also decreases the social cohesion that exists within that organization. Such corporate climates promote organizational structures and processes that fail to optimize facilitation of the mutual benefits of the members. Finally, we discuss three different kinds of accommodation strategy: assistive technologies, systemic personal change, and universal design. We suggest a case-based (casuistic) approach to problems caused by disabilities. Using methods from both philosophy and public policy, we then build policies for accommodations incrementally, based on an application of those methods to the cases, and resulting in a more nuanced process enabling the creation of policies that take account of the experiences of both disabled and non-disabled people.     

Persons with disabilities

In 1990, the United States Congress enacted legislation protecting the civil rights of persons with disabilities. The Americans with Disabilities Act (ADA) (1990) has been termed the most significant civil rights legislation since the 1960s (Rothstein, 1992/1994; see also Drimmer, 1993; Gostin & Beyer, 1993). The intent of the ADA is to provide “not only equal treatment [for persons with disabilities], but also equal opportunity” (Rothstein, 1992, p. 19, emphasis in original). The purpose of the ADA is not only to eliminate intentional discrimintion, but also to change “policies and practices that have a discriminatory impact” on persons with disabilities (p. 19). The ADA was implemented in the wake of decades of growing awareness of and responses to the numerous societal barriers confronted by persons with disabilities. The civil rights movement for persons with disabilities was spawned by grass roots movements (Scotch, 1984). Over time, this civil rights movement has been aided by behavioral science research as well as by legal actions (see, e.g., Scotch, 1984, 1988; see also Ainlay, Becker, & Coleman, 1986; Asch & Fine, 1988; Rothstein, 1992/1994; Shapiro, 1993). It is still too early to assess the ultimate success of the specific ADA legislation, much less the general disability-rights, advocacy movement. Nevertheless, as the articles in this special issue of Behavioral Sciences and the Law reflect, the behavioral-science-and-law community has much to contribute to the elimination of the marginalization of persons with disabilities in modern society. As shown in the articles in this issue, these efforts can include a) assessing progress in light of legislation and policy reforms, b) identifying on-going barriers, and c) offering ideas for different ways to conceptualize not only the problems, but also the solutions to problems confronting persons with disabilities. Ultimately, these and the other efforts being undertaken in the legal, social, and political arenas should help in the fight to fully integrate persons with disabilities into every part of the social fabric. The issue begins with two articles that report on empirical research. First, Professor Peter Blanck presents results from his longitudinal study of the ADA. Specifically, Professor Blanck has been examining employment integration and economic opportunity. His article summarizes the findings from his program of research: There are seven core findings, indicating both successes in employment (e.g., an increase of employment in integrated work settings) as well as continuing concerns (e.g., wage disparities as a function of gender; a leveling off of economic opportunities). The other empirical study is presented by Professor Delbert Rounds. Professor Rounds interviewed individuals with legal blindness in order to learn about their experiences of criminal victimization. One of only a handful of studies on the impact of crime on persons with disabilities, the research indicates that although individuals with legal blindness may not be victimized at rates different than sighted persons, the legally-blind appear to be vulnerable to specific kinds of victimization and their victimization experiences may differ from other crime victims' experiences. The remaining five articles assess different issues related to persons with disabilities. All draw, to some degree, on behavioral science research to argue for the elimination of barriers to persons with disabilities so that they can share the same social and legal rights and responsibilities as non-disabled persons. Professor Harlan Hahn offers a sociopolitical definition of disability. Instead of conceptualizing disability as a functional impairment, Professor Hahn advocates the use of a minority model that stresses attitudinal discrimination as the principal problem facing disabled persons. Professor Hahn suggests that the reconceptualization of disability could benefit persons with disabilities in both social scientific and legal contexts. For example, it would focus social scientific investigations on such issues as the concept of aesthetic anxiety. Research undertaken in light of the minority/attitudinal model, Professor Hahn argues, could have the same positive consequences in aiding persons with disabilities in their fight for legal and social equality as did social scientific research regarding race issues. Professor Michael Perlin presents a different twist on sociopolitical implications of disability issues. He shows how a seemingly “minor” decision by the United States Supreme Court in the mental disability case of Godinez v. Moran (establishing a unitary standard for the determinations of competence to stand trial, competence to plead guilty, and competence to waive counsel) had a substantial influence on the way in which the courts recently handled the high-visibility case of Colin Ferguson. Ferguson, a very bright but mentally disabled Black man, was the defendant charged with the murder of six people and the wounding of 19 others. Professor Perlin uses the filters of sanism and pretextuality to examine the Ferguson trial and to provide insight into how the American criminal justice system reacts to defendants with mental disabilities. Whereas Professor Perlin analyzed criminal law issues that disenabled persons with mental disabilities rather than enabled them, Professor Roger Levesque analyzes recent civil law reforms that have the same consequence. Professor Levesque's focus is on the way in which laws (statutes and case decisions) have intruded on the rights to engage in sexual, marital, and parental relationships. His analyses are very similar to Professor Perlin's in the demonstration of sanist and pretextual approaches to these issues taken by the law. Professor Levesque advocates that the law adopt the approach taken by many (but not all) social scientists — viz., the examination of behavior in context without preconceived, moralistic positions, resulting in individual assessments of competency — in order to provide a better understanding of rights and abilities for persons with mental disabilities, and, ultimately, an end to restrictive legal rules. Professor Donald Hantula and Ms. Noreen Reilly also focus on persons with mental disabilities. They contend that under the reasonable accommodation provisions of the ADA, persons with mental disabilities should and could have successful employment opportunities if only the social and managerial environments were to be modified. Professor Hantula and Ms. Reilly suggest the use of behavior analysis and performance management perspectives as bases for analyzing, developing, implementing, and evaluating reasonable accommodation for persons with mental disabilities. They also argue that the changes needed for persons with disabilities would actually benefit non-disabled employees as well. Finally, Dr. McCay Vernon, Dr. Lawrence Raifman, and Professor Sheldon Greenberg analyze the problems associated with providing Miranda Warnings to deaf suspects. They provide caselaw, empirical, and analytical evidence demonstrating that present law enforcement practices fail to inform deaf suspects of their legal rights, resulting in adverse consequences for both law enforcement and the suspects. Dr. Vernon and his colleagues identify techniques that not only promote an awareness of the problems, but also help to address the problems for criminal justice officials and for deaf suspects.     

The next exclusion debate: assessing technology, ethics, and intellectual disability after the Human Genome Project

Recent scientific discoveries have made it much easier to test prenatally for various genetic disabilities, such as Down syndrome. However, while many observers have heralded such "advances" for their effectiveness in detecting certain conditions, others have argued that they perpetuate discrimination by preventing the birth of children with disabilities. This article examines the ethical and social implications of the Human Genome Project for individuals with intellectual disabilities and their families. It details the critique of prenatal testing articulated by many disability rights activists as well as scholarly and professional responses to that critique. A review of the pertinent research literature includes perspectives of genetic professionals, ethicists, disability studies scholars, parents of children with disabilities, and disabled individuals themselves. Finally, the article explores how future research endeavors, policies, and practices may more effectively integrate and respect the positions of these various stakeholders.     

Age differences in moral judgment: Older adults are more deontological than younger adults

In 2 studies, an older and a younger age group morally evaluated dilemmas contrasting a deontological judgment (do not harm others) against a utilitarian judgment (do what is best for the majority). Previous research suggests that deontological moral judgments are often underpinned by affective reactions and utilitarian moral judgments by deliberative thinking. Separately, research on the psychology of aging has shown that affect plays a more prominent role in the judgments and decision making of older (vs. younger) adults. Yet age remains a largely overlooked factor in moral judgment research. Here, we therefore investigated whether older adults would make more deontological judgments on the basis of experiencing different affective reactions to moral dilemmas as compared with younger adults. Results from 2 experiments indicated that older adults made significantly more deontological moral judgments. Mediation analyses revealed that the relationship between age and making more deontological moral judgments is partly explained by older adults exhibiting significantly more negative affective reactions and having more morally idealistic beliefs as compared with younger adults.     

Sociocultural studies of families of children with intellectual disabilities

This article reviews recent sociocultural studies of families of children with intellectual disabilities to introduce the range of research conducted from this perspective and to highlight the methodological, conceptual, and theoretical contributions of this approach to the study of mental retardation. Sociocultural studies examine families within their cultural, historical, and sociopolitical contexts. This type of research is comparative across different cultural groups, but is not limited to such comparisons. Sociocultural studies use varied theories and methods, but they share a focus on families' coproduction of meanings and practices related to intellectual disability; families' responses and adaptations to disability; and how their understandings and experiences are shaped within larger social institutions and inequities. Sociocultural approaches take into account community contexts that matter to families with members with mental retardation or developmental delay, and they examine the broader systems that define and position individuals with disabilities and their families. As a whole, these studies provide a more experiential and holistic view of families' beliefs and adaptations within sociopolitical worlds, and offer new tools by which to study the families of children with developmental delays within and across different cultural groups.     

The epidemiology of developmental disabilities in low-income countries

Although most of the world's children live in developing countries and may be at high risk for disability, very little is known about the prevalence and causes of developmental disabilities in these countries. This paper discusses methodological difficulties contributing to this lack of knowledge, and provides an overview of what is known about the epidemiology of developmental disabilities in low-income countries. At least some forms of developmental disability appear to be more common in low-income countries than in wealthier countries, despite the probability of higher mortality among children with disabilities in low-income countries. For example, most studies of severe mental retardation in low-income countries report prevalences greater than 5 per 1,000 children, while prevalence estimates from industrialized countries are consistently below this. Major risk factors for developmental disabilities in some low-income countries include specific genetic diseases, a higher frequency of births to older mothers, consanguinity, and specific micronutrient deficiencies and infections. Trauma and toxic exposures are also important risk factors, but their contributions to the etiology of developmental disabilities in low-income countries are not well documented. Though many of the causes of developmental disabilities are understood and preventable, proven methods of prevention are not being fully implemented in developing countries. Epidemiologic studies are needed to raise awareness of the public health impacts of developmental disabilities in low-income countries and to provide a basis for setting priorities and designing efficient interventions.