Sarah von Schrader

Age and Disability Employment Discrimination: Occupational Rehabilitation Implications

Introduction As concerns grow that a thinning labor force due to retirement will lead to worker shortages, it becomes critical to support positive employment outcomes of groups who have been underutilized, specifically older workers and workers with disabilities. Better understanding perceived age and disability discrimination and their intersection can help rehabilitation specialists and employers address challenges expected as a result of the evolving workforce. Methods Using U.S. Equal Employment Opportunity Commission Integrated Mission System data, we investigate the nature of employment discrimination charges that cite the Americans with Disabilities Act or Age Discrimination in Employment Act individually or jointly. We focus on trends in joint filings over time and across categories of age, types of disabilities, and alleged discriminatory behavior. Results We find that employment discrimination claims that originate from older or disabled workers are concentrated within a subset of issues that include reasonable accommodation, retaliation, and termination. Age-related disabilities are more frequently referenced in joint cases than in the overall pool of ADA filings, while the psychiatric disorders are less often referenced in joint cases. When examining charges made by those protected under both the ADA and ADEA, results from a logit model indicate that in comparison to charges filed under the ADA alone, jointly-filed ADA/ADEA charges are more likely to be filed by older individuals, by those who perceive discrimination in hiring and termination, and to originate from within the smallest firms. Conclusion In light of these findings, rehabilitation and workplace practices to maximize the hiring and retention of older workers and those with disabilities are discussed.

The Employment Environment Employer Perspectives, Policies, and Practices Regarding the Employment of Persons With Disabilities

Employers’ characteristics and their policies and practices are workplace environmental factors with important implications for the hiring and retention of employees with disabilities. To explore these factors, a survey was conducted by Cornell University in 2011 focusing on employer policies and practices related to the employment of people with disabilities. The private employer membership of the Society of Human Resource Management (SHRM) was randomly sampled across small, medium, and large employers. In all, 675 SHRM members completed the survey and provided information regarding organizational characteristics; disability-related practices and policies regarding recruitment and hiring, training, accessibility and accommodation, retention and advancement; collection of metrics; and their perception of barriers to the employment and advancement of people with disabilities. Ratings of effectiveness of these practices/policies are examined, as well as the number of policies and practices implemented by organizational size and industry. Comparisons of employer views on employment barriers for persons with disabilities to a previous 1998 Cornell/SHRM study are made.

Employment and Economic Self-Sufficiency:2015 National Goals for Research, Policy, and Practice

Abstract Employment in general workforce and economic self-sufficiency continue to be the exceptions for people with intellectual and developmental disabilities (IDD), rather than the norm. Researc...

Disability-Inclusive Employer Practices and Hiring of Individuals with Disabilities.

Purpose: To determine what disability-inclusive policies and practices employers have in place and examine the relationship between these practices and the actual recruitment and hiring of persons with disabilities. Method: A survey 675 of human resources professionals who were members of the Society for Human Resource Management. Results: After controlling for organizational characteristics, 9 of the 10 specific recruitment and hiring practices/policies examined in this study were found to significantly increase the likelihood of hiring individuals with disabilities. Conclusions: The findings inform rehabilitation professionals who interface regularly with businesses regarding good practices for finding and hiring qualified candidates.

Trends and Patterns in Age Discrimination in Employment Act (ADEA) Charges.

The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 years and over from discrimination throughout the employment process. Using data on ADEA charges from the Equal Employment Opportunity Commission from 1993 to 2010, we present labor force–adjusted charge rates demonstrating that the highest charge rates are among those in the preretirement age range, and only the rate of charges among those aged 65 years and older has not decreased. We examine characteristics of ADEA charges including the prevalence of different alleged discriminatory actions (or issues) and highlight the increasing proportion of age discrimination charges that are jointly filed with other antidiscrimination statutes. Through a regression analysis, we find that the likelihood of citing various issues differs by charging party characteristics, such as age, gender, and minority status, and on charges that cite only age discrimination as compared to those that are jointly filed. Implications of these findings for employers are discussed.

Employer Characteristics Associated With Discrimination Charges Under the Americans With Disabilities Act

Using two administrative data sets from the Equal Employment Opportunity Commission (EEOC), this study examines the relationship between employer and environmental characteristics and Americans With Disability Act (ADA) discrimination charge rate. Results of a multiple regression analysis using a sample of mid- to large-sized private employers indicate that establishment size is negatively correlated with ADA charge rate, whereas several other employer characteristics are positively associated with charge rate, including parent organization size, federal contractor status, transportation or services industries, and relatively high minority representation. One of the main concerns of contemporary disability policy is reducing discrimination in employment, and our findings can inform employers, policymakers, and organizations working with employers to reduce perceived discrimination by identifying those employers most likely to receive charges. Further research is needed to better understand what specific behaviors, practices, and policies within these different types of establishments explain their differential charge rates.

Accommodation Requests: Who Is Asking for What?.

Purpose: Workplace accommodations are central to improving employment outcomes for people with and without disabilities; this study presents national estimates comparing accommodation requests and receipt as reported by individuals with and without disabilities. Method: Estimates are developed from the May 2012 Current Population Survey Disability Supplement. Results: The findings highlight variability in accommodation requests by disability type and status. Accommodation request rates are also presented by occupation and industry groups. Conclusions: As employers voice concerns about the additional burden of employing individuals with disabilities under new regulatory requirements, our findings highlight that 95% of individuals requesting an accommodation were people without disabilities.

Comparison of Employer Factors in Disability and Other Employment Discrimination Charges.

Purpose: We explore whether certain employer characteristics predict Americans with Disabilities Act (ADA) charges and whether the same characteristics predict receipt of the Age Discrimination in Employment Act and Title VII of the Civil Rights Act charges. Method: We estimate a set of multivariate regressions using the ordinary least squares method. Results: Most employer-level characteristics that predict the receipt of ADA charges also predict the receipt of other types of discrimination charges. Conclusions: Our findings suggest that educational outreach efforts aimed at reducing the level of perceived disability discrimination in the workplace can be more efficient by targeting employer groups who are likely to receive charges under not only the ADA but also other statutes as well.

Disability, Income, and Rural Poverty

The economic divide across metro and nonmetro areas in the USA is increasingly wide and high poverty persists. Fewer employment opportunities, lower employment rates, and level of educational attainment, as well as type of disability, impact further the rate of poverty among persons with disabilities in rural areas. Overwhelmingly, the unique circumstances in rural communities tend to hinder opportunities to improve income and decrease poverty. To that end, this chapter delineates an understanding of the interplay of those factors that disadvantage persons with disabilities.