Search

BACKGROUND: The Americans with Disabilities Act (ADA) is sweeping civil rights legislation that affords people with disabilities equality of opportunity, economic self-sufficiency, independent living, and full participation in daily life. The protections of the ADA extend to individuals with alcohol and substance abuse disorders who are in recovery. OBJECTIVE: The objective of this article is to understand the ADA's definition of disability and how it applies to addiction and recovery. The reader will recognize how the ADA applies to people with addiction to alcohol and those in recovery from substance abuse. The article will describe the rights and responsibilities employers and employees have in the three stages of employment. METHOD: The material in this presentation was developed based on the authors' research, training, education, knowledge, and skill of the ADA. RESULTS: Individuals in recovery are often unaware of their civil rights under the ADA. The ADA ensures that people with disabilities, including those with alcohol use disorder and substance use disorders, have the same rights and opportunities in the workplace. CONCLUSION: The COVID-19 pandemic has resulted in an increase in increased rates of alcoholism and substance abuse. Individuals living with addiction are unaware of the employment protections they may have under the ADA. Title I of the ADA guarantees employment protections to ensure equality in the workplace for people with disabilities. A clearer understanding of the law will ensure that job seekers and employees are treated in an ethical, valued, and courteous way when disclosing disability and the need for accommodation. [ABSTRACT FROM AUTHOR]

BACKGROUND: The purpose of this study was to investigate the patterns in allegations of workplace discrimination by individuals with multiple sclerosis (MS). OBJECTIVE: To describe the discrimination, both actual and perceived, that has occurred against individuals with MS in comparison to a group of individuals with other disabilities (GENDIS) through analysis of the United States Equal Employment Opportunity Commission (EEOC) Integrated Mission System (IMS) database. METHODS: An ex post facto, causal-comparative quantitative design was used to examine Americans with Disabilities Act Amendments Act (ADAAA) Title I complaints received by the EEOC from people with MS from 2009 through 2016 (n = 4,000) in comparison to the GENDIS group over the same time period (n = 139,728). RESULTS: The MS group was less likely to allege discrimination regarding discharge but more likely to allege discrimination regarding reasonable accommodation, constructive discharge, discipline, insurance benefits, and demotion. Charging parties with MS were more likely to be female, younger, and Caucasian and less likely to identify as African American, Hispanic/Mexican, or Asian. The EEOC was more likely to evaluate allegations by adults with MS as having merit than those filed by the GENDIS group. Implications for vocational rehabilitation practice include the need for consultation regarding recognition of on-the-job discrimination and procedures for filing allegations consistent with EEOC guidelines; greater use of physical and occupational therapy; and development of cognitive support technology strategies to aid in job performance. [ABSTRACT FROM AUTHOR]

BACKGROUND: People with disabilities experience longstanding barriers to employment. However, beyond the conventional metrics of labor force participation or unemployment rates we know very little about the workplace experiences of people with disabilities. OBJECTIVE: This study describes findings from the 2015 Kessler Foundation National Employment and Disability Survey (2015 KFNEDS), a nationally representative survey of Americans with disabilities. METHODS: A dual-frame, random digit dial, nationally representative survey was conducted. Survey respondents included 3013 working age adults with a disability. Survey respondents were asked about disability, employment status, job search activities and workplace experiences. RESULTS: Over 42% of survey respondents were currently working. 68.4% were striving to work characterized by job preparation, job search and/or participation in the workforce since the onset of their disability. Although some barriers persisted in the workplace, many were able to overcome the same. Overall, 47.8% of the respondents used workplace accommodations, 45.3% were satisfied with their jobs, 86.6% felt accepted in their workplace. CONCLUSION:The 2015KFNEDShighlights how people with disabilities strive towork and overcome barriers, a discourse largely overlooked in contemporary disability and employment research. Survey findings can inform new programs and policies to improve employment outcomes for people with disabilities. [ABSTRACT FROM AUTHOR]

BACKGROUND: People with multiple sclerosis (MS) are known to face a multitude of challenges as they attempt to re-initiate or maintain their careers following onset of the disease. OBJECTIVE: Less is known, however, about the subjective experiences of people with MS regarding employment barriers. METHODS: Using the results of a larger national survey of the employment concerns of people with MS that was conducted in 2014-2015 as a basis for data collection, this qualitative study involved six focus groups comprising 20 people with MS and 27 MS service providers. RESULTS: Focus group participants offered subjective perspectives on and suggestions for addressing employment barriers that represented four major themes: understanding the provisions of the Affordable Care Act, on-the-job accommodations and the Americans with Disabilities Act, reassignment as a job retention strategy, and disclosure of disability. CONCLUSION: Findings are discussed within the context of existing literature. [ABSTRACT FROM AUTHOR]

BACKGROUND: This article derives from data provided by the National EEOC ADA Research Project at VCU. It is intended to document the nature and scope of discrimination as reported to the U.S. Equal Employment Opportunity Commission, the enforcement agency for ADA, by persons with learning disabilities (LD). This article deals with the topic of discrimination "Issues;" i.e., the nature of the violations alleged by Charging Parties with learning disabilities. OBJECTIVE: To ascertain differences in the way people with LD experience workplace discrimination as compared to a general disability population. METHODS: Database mining and descriptive and non-parametric analyses of high-prevalence issues associated with learning disabilities as contrasted with a general disability population. RESULTS: Findings indicate that in general the ranking of high prevalence issues is very similar for both groups. But for six select issues, the proportions of allegations filed by LD and GENDIS groups are markedly different. CONCLUSIONS: These differences show that "more prevalent in LD" discrimination issues tend to involve currently employed workers and have a punitive effect; e.g., disability harassment and intimidation, constructive discharge and discipline. On the positive side, failure to provide reasonable accommodation and outright unlawful discharge are less commonplace for LD charging parties. Currently employed LD workers and employers may benefit from understanding these nuances. [ABSTRACT FROM AUTHOR]

BACKGROUND: Employment of people with disabilities continues to be a concern in the field of rehabilitation counseling. Employment rates remain low, resulting in many people with disabilities living at or below the poverty line. OBJECTIVE: The purpose of this study was to investigate the perceptions of Hispanic small business owners toward hiring people with disabilities. METHODS: The 38-item Employer Attitudes Questionnaire (EAQ) and the 33-item Small Business Owners Survey (SBOS) were used to investigate attitudes and concerns about hiring issues along with the business owners' general feelings toward the Americans with Disabilities Act (ADA). Survey packets were distributed in the business districts of two selected cities in southern Texas. Two hundred and seventeen participants took part in the study. RESULTS: The findings suggest that there is a range of views about the capabilities of workers from various disability categories as well as differing opinions on the cost of reasonable accommodations. The results of a regression analysis yielded three significant predictors influencing hiring decisions: whether the business owner had a family member or a friend with a disability, the business owner's marital status, and their awareness of the ADA. CONCLUSIONS: There is a continuing need to educate small business owners about disability- and employment-rights legislation; however, cost considerations to provide reasonable accommodations for people with disabilities seem to be significantly more important for small business owners than for large corporations. [ABSTRACT FROM AUTHOR]

BACKGROUND: This study investigated the experiences with the Equal Employment Opportunity Commission (EEOC) of adults with multiple sclerosis (MS) across three phases of Americans with Disabilities Act (ADA) implementation: Phase I (pre-Sutton decision era, 1992-1999), Phase II (Sutton decision era, 2000-2008), and Phase III (ADA Amendments Act era, 2009-2011). OBJECTIVE: Research questions addressed differential (a) characteristics of charging parties and respondents, (b) patterns in the number and type of allegations, and (c) proportions of merit and non-merit EEOC judgments. METHODS: The study utilized data from the Integrated Mission System of the U.S. EEOC. RESULTS: Findings indicated that proportionally more women and Hispanic adults with MS ?led claims during Phases II and III than during Phase I. More older individuals and African Americans with MS filed claims during Phase III than during Phases I and II. In Phase I, adults with MS were more likely to allege discrimination against smaller employers and less likely to ?le charges against larger employers, a trend that reversed during Phases II and III. The annual number of resolved EEOC charges appeared to increase during Phase I, increase then decrease in Phase II, and increase during Phase III. Regardless of phase, most allegations pertained to either unlawful discharge or failure to provide reasonable accommodations. Although higher in Phase III than in I, the percentage of EEOC merit decisions was highest in Phase II. CONCLUSION: Over time, more typically disenfranchised individuals sought ADA protections, possibly due to publicity, support from advocates, and membership in a culture supporting diversity and nondiscrimination. The increased number of resolved allegations in Phase III was consistent with the greater inclusiveness attributed to the ADA Amendments Act. Interpretation of other findings is provided regarding characteristics of respondents, types of allegations, and trends in EEOC merit decisions. [ABSTRACT FROM AUTHOR]

The article discusses issues about employment and career development of American citizens with disabilities.

BACKGROUND: The National EEOC ADA Research Project (NEARP) is an exhaustive data-mining effort that relies upon the master database used by the Equal Employment Opportunity Commission (EEOC) to track investigations of workplace discrimination. NEARP investigators seek to develop disability or industry-specific profiles of employment discrimination, explore the contentious issues involved in workplace discrimination, document the interface of disability with other demographics, evaluate extant theories of stigma, and predict EEOC investigatory outcomes. OBJECTIVE: The salient features of the NEARP database are described which themselves reveal new insights into the nature and scope of disability discrimination. METHODS: This is a review article. Abridgment and replication of tables from the NEARP codebook are given along with a description of basic findings from previously published NEARP studies. RESULTS: Summary statistics of a descriptive nature are given to illustrate the basic nature and scope of discrimination including Charging Party and Employer Characteristics, discriminatory Issues or personnel actions, and the types of Outcomes which document case closures and their trends. CONCLUSIONS: NEARP is a research collaborative to which employment and disability researchers are invited. [ABSTRACT FROM AUTHOR]

BACKGROUND: In this study, investigators examined the employment discrimination experiences of older workers (55 and over) with disabilities in comparison to younger adult workers with disabilities. OBJECTIVE: To examine age as a differential indicator of demographic characteristics of the Charging Parties, characteristics of Employers against whom allegations were filed, the discrimination issues alleged to occur, and the legal outcome of allegation investigations. METHODS: The study utilized data from the Integrated Mission System of the U.S. Equal Employment Opportunity Commission (EEOC). RESULTS: Findings indicate that allegations filed by older Charging Parties were more likely to come from males and Caucasians and to involve more nonparalytic orthopedic, cardiovascular, vision, hearing, endocrinological, respiratory, and other age-related impairments. Allegations filed by older Charging Parties involved fewer mental health concerns, substance use disorders, blood and immune disorders, developmental disabilities, and chronic illnesses such as multiple sclerosis and epilepsy. Allegations filed by older workers were less likely to involve involuntary termination and more likely to involve work assignments, the terms and conditions of employment, layoff, and involuntary retirement. No significant differences in the proportions of allegations were observed related to the size of respondent employers or the outcomes of the EEOC's investigatory process. CONCLUSIONS: Results suggest that many of the workplace discrimination experiences of people with disabilities are common across age groups, and that partial support is evident for 'double jeopardy' in the treatment of older workers with disabilities. Implications for policy and practice are discussed. [ABSTRACT FROM AUTHOR]

BACKGROUND: Two decades since the passage of the Americans with Disabilities Act in 1990, individuals with psychiatric disabilities continue to face barriers to employment that includes sensitivity to the benefit structure of the Supplemental Security Income (SSI). OBJECTIVE: This study examines cost-savings to the SSI program due to enhanced employment outcomes for persons with psychiatric disabilities associated with the receipt of job accommodations. METHODS: Data come from a federally funded, multi-site, implementation effectiveness study of supported employment models for 987 working age adults. Cost-savings were estimated using ordinary least squares regression to examine averted SSI payment. RESULTS: Accommodations were associated with a marginal monthly SSI savings of $ 11.73, and these savings were 68 percent higher compared to the non-accommodations group. Being married, having independent housing, and recent employment history predicted savings increases. Physical and emotional problems affecting work, a schizophrenia diagnosis, and symptoms of social withdrawal and blunted affect predicted lower savings. CONCLUSIONS: This study adds to a small body of literature examining the impact of accommodations for persons with psychiatric disabilities. Future work in this area might examine savings to the Social Security Disability Insurance program and should include factors unavailable in this analysis. [ABSTRACT FROM AUTHOR]

BACKGROUND: The federal government has invested billions of dollars to promote employment for adults with intellectual disabilities. Despite this investment, the employment rate within this population has remained stable during the recent decades. OBJECTIVE: The objective of this study is to identify characteristics of adults with intellectual disabilities who are employed, and to understand the paths towards employment for these individuals. METHODS: Respondents included a nationally representative sample of 1,055 parents/guardians of adult children (21 years of age or older) with an intellectual disability surveyed by Gallup. These parents/guardians were selected from approximately 341,000 households screened by Gallup. This methodology allowed for the inclusion of a sample of adults with ID who had never been in the labor force or even sought employment. RESULTS: Several characteristics are associated with greater likelihood of employment, including younger age, early work experience, higher levels of adaptive behavior, and absence of emotional and behavioral problems. These characteristics are especially predictive of employment in a competitive setting, and relatively less predictive of sheltered employment. There is very little movement between the two types of employment settings: very few people currently in competitive employment ever worked in a sheltered setting. CONCLUSIONS: The results from this study have clear implications for policies and programs. Young adults with intellectual disabilities need early opportunities to work in community settings. These community-based experiences must provide them with the opportunity to develop necessary adaptive, behavioral, and emotional skills. Finally, policy makers must recognize that sheltered employment is not a stepping-stone to employment in a competitive setting. [ABSTRACT FROM AUTHOR]

Human-animal interaction (HAI) studies are on the rise to test the hypothesis that assistive dogs provide positive support to persons with disabilities. We review findings from our pilot study, which approached significance in demonstrating HAI as a promising means of helping those with Autism Spectrum Disorders (ASD) to acquire adaptive social behaviors. We discuss elements drawn from multiple disciplines to highlight the value that assistive dogs deliver when considering employment supports for individuals with ASD. These elements include the neurological functions that influence social behavior, HAI, and ASD, adaptations emerging from an HAI integrated employment setting, and considerations for designing, implementing, and evaluating quality HAI supports. We contribute this information as points of consideration for individuals with autism as they pursue employment in integrated settings. We provide implications for rehabilitation practice and research. [ABSTRACT FROM AUTHOR]

Social skills deficits are common to many individuals with Autism Spectrum Disorders (ASD) and can be cause for much anxiety. Because these deficits include interactions with strangers and people in authority, many individuals with ASD have difficulty successfully managing job interviews. When given very specific examples of how to better present themselves and interact with others in an interviewing situation, individuals with ASD become more competent in positively altering their social interactions in employment situations. The keys to improving skills for interviews include understanding disclosure under the Americans with Disabilities Act, being aware of specific accommodations that can be helpful in the interviewing process, having a thorough self-knowledge, being as completely prepared as possible, and possessing verbal restraint. The increased confidence that comes from being prepared allows individuals to relax before and during the interview, transforming a nervous exchange of information into a confident and dynamic presentation of their qualifications. [ABSTRACT FROM AUTHOR]

BACKGROUND: Policymakers in the United States continue to face challenges in implementing effective strategies to encourage people with disabilities receiving disability benefits to participate in the labor market. Ticket to Work is one such strategy that has undergone considerable scrutiny. However, the experience of people with disabilities within welfare reform is an area that has been under-researched. OBJECTIVE: To explore how this contentious issue affects the provision of Vocational Rehabilitation services. Following the implementation of Ticket to Work, does workfare policy allow people with disabilities to pursue full and equal participation in the labor market, and do they have equality of opportunity to achieve employment? METHODS: This research takes a qualitative approach to social policy, using empirical data from focus groups with people with disabilities and interviews with policymakers, employment service providers and employers. RESULTS: Three themes emerged from an analysis of data framed within the United Nations Convention on the Rights of Persons with Disabilities in relation to disability rights and workfare policy: the rights of people with disabilities; the expectations of people with disabilities; and the practices associated with policy reform. The findings suggest that a collaboration of government actors, community organizations and the business community is necessary in order to achieve human rights. [ABSTRACT FROM AUTHOR]

Using data from the Job Accommodation Network Information System (JANIS), the utility of self-reported functional limitations was examined in relationship to job maintenance for individuals with traumatic brain injury (TBI) who had returned to work. It was found that memory loss and attention/concentration concerns were the most common functional limitations reported. To further establish which limitations were associated with job maintenance, a binary logistic regression was applied. Results suggested that the presence of medical symptoms and emotional dysregulation were reliably and inversely associated with job maintenance. Implications are provided for further research as well as the practice of rehabilitation counseling. [ABSTRACT FROM AUTHOR]

For almost forty years, U.S. policy has steadily advanced the idea of presumed employability for all people with disabilities. This includes people with the most significant disabilities employed in integrated jobs with commensurate pay that is at or above minimum wage. This article traces the factors that have contributed to the evolution of policy and practice that have led to improving the likelihood that integrated employment is both desired and achievable for individuals with significant disabilities. It also shares current U.S. Department of Labor, Office of Disability Employment Policy, activities and initiatives that promote and support the achievement of integrated employment for all people with disabilities. [ABSTRACT FROM AUTHOR]

Transition from school to work is a key topic of current social research and public policy in both the United States and Europe. Legislation in the U.S. has proven effective in providing a framework for transitioning youth with disabilities from school to work. In 2008, Portugal passed legislation for transition planning focused on specific curriculum for students who cannot access the typical curriculum. This paper will compare and contrast the two pieces of legislation and the process for transition of youth with disabilities into integrated employment from the perspectives of parents. Specifically, the authors conducted focus groups of parents from each country to identify post-school and in-school opportunities and supports and resources needed to ensure successful transition from school to integrated employment for youth with disabilities. [ABSTRACT FROM AUTHOR]

Providing reasonable workplace accommodations for employees with disabilities has been associated with enhanced job tenure, performance, and satisfaction. However, employers have struggled to effectively meet employee accommodation requests, and few studies have specifically examined how employees and employers negotiate requests. In this exploratory focus group study, we asked three key stakeholder groups - employers, employees with disabilities, and vocational rehabilitation service providers - 'What helps and hinders requesting, negotiating, implementing, and evaluating workplace accommodations for employees with disabilities?' From our grounded theory analysis, we found that, although employers' and employees' perceptions about negotiating accommodations converged in several ways (e.g., employees presenting credible requests to employers to improve job performance), they differed sharply on their expectations of each other (e.g., costs of accommodations versus moral obligations to provide them). Such divergence requires that employers and employees with disabilities should become more aware of each other's perspectives, and more educated about how accommodation requests ought to be managed to improve job retention, reduce turnover costs, and decrease the likelihood of litigation. Based on findings of our small study, we offer a modest recommendation: educational interventions should be specifically tailored to each stakeholder group's roles according to major thematic areas of credibility, trust, and obligations. [ABSTRACT FROM AUTHOR]

Often, good intentions go wrong. Segregated and sheltered work and paying less than the minimum wage are perfect examples of that axiom. They are programs that were designed to help people with disabilities learn meaningful skills and obtain gainful employment, while protecting them from public judgment, ridicule, and shame. Today, we live in an era of evolving thinking about people with disabilities. Attitudes have changed. So have many laws. But most importantly, what has changed is the quality and quantity of information available illustrating that segregating and sheltering workers with disabilities and paying them less than minimum wage is no longer the best course of action. It is time we value the unique skills and talents of people with disabilities and move toward full workplace integration. Through this report, NDRN casts a spotlight on the problems of segregated work, sheltered environments, and sub-minimum wages. This report identifies the barriers to employment that people with disabilities face and dispels myths about their capability to be fully employed, equally compensated, and an integral member of American workplaces and communities. It illustrates a systemic failure to provide hope and opportunity to young people with disabilities who want to transition into traditional work but instead wind up trapped in a sheltered workshop with little chance for something different. [ABSTRACT FROM AUTHOR]

The article discusses the employment status of people with disabilities in the U.S. It explores the results of the 2010 Harris Survey which reveal that people with and without disabilities have the largest gap in terms of employment success. It tackles the five guiding employment systems modification principles including person-centered planning, business relationship expansion, and dollar-supported mission.

An introduction is presented in which the editor discusses articles in the issue on topics including employment of people with disabilities; vocational rehabilitation; and integrated community employment.

An introduction to this issue of the "Journal of Vocational Rehabilitation," in which the author discusses an article by Lou Brown and Kim Kessler on finding good jobs for person with disabilities and other articles, is presented.