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BACKGROUND: Despite the protections afforded by the Americans with Disabilities Act (ADA), workers who are deaf and hard-of-hearing (DHH) face workplace challenges that may require the aid of workplace resources and accommodations. Limited research has been conducted to understand the process of accommodation requests among DHH workers. OBJECTIVE: This qualitative study examined barriers and facilitators to requesting accommodations among DHH workers. METHODS: Fifty-nine DHH workers, recruited from organizations serving DHH workers across U.S., participated in the study. Participants' open-ended survey responses were analyzed and coded into themes representing barriers or facilitators to participants' decisions to request or withhold requests for accommodations. RESULTS: Facilitators to accommodation request include an employee's effective use of self-efficacy and self-advocacy; supportive work environments; and the presence of peers with disabilities. Barriers to accommodation requests include the anticipation of negative perception of stigmatization in the workplace; lack of knowledge related to accommodations and ADA; absence of workplace support; ineffectual workplace structure, policies, or procedures; concerns surrounding costs; and physical and access barriers in the workplace. CONCLUSION: To fulfill the workers' rights as guaranteed by the ADA, and to best serve the interests of the workplace, strategies are highlighted on how to assist DHH employees to take advantage of workplace accommodations with aims to promote job retention and success. [ABSTRACT FROM AUTHOR]

The Americans with Disability Act sets forth the conditions under which management is compelled to respond to informal and formal requests for accommodations, one of which is that requests must relate to essential job functions. When requests do not relate to essential job functions, employer responsiveness becomes voluntary. The difference between compelled and voluntary management responsiveness to efforts by employees with disabilities to acquire workplace accommodations is import to the decision-making processes of employees with disabilitiess as is discussed here for the benefit of employees with disabilities, their supervisors, and advocates. [ABSTRACT FROM AUTHOR]

Purpose: This special section of the Journal of Cancer Survivorship examines disability-inclusive employment policy and practice, cancer survivorship, and the Americans with Disabilities Act ("ADA") of 1990. It considers current issues in research, policy, practice, and law in the United States, including new questions arising in light of COVID-19, such as the nature of disability disclosure, workplace accommodations and remote work, emerging workplace health surveillance technologies, and inclusive employment practices for cancer survivors. It also presents, for comparative purposes, a current analysis of cancer-related disability discrimination in the media in the United States and Israel. Methods: After the "Introduction," this special section presents two studies on disclosure of disability in employment: the first addressing disclosure during a job interview of the need for accommodations, and the second addressing disclosure as related to individual and organizational characteristics. The next two articles examine the effects of the COVID-19 pandemic on the work experience: first, for people with disabilities working remotely, with implications for cancer survivors, and second, for cancer survivors and people with disabilities facing potential algorithmic health discrimination due to workplace health surveillance. The final article considers cancer-related stigma and discrimination, as faced in the United States and Israel (using a comparison of mass media). Results: Disability-inclusive employment laws such as the ADA promote two central requirements: First, social institutions affirmatively remove attitudinal and structural barriers and discrimination confronting people with disabilities as they exercise their rights to participate fully in society. Second, employers, governmental entities, and public accommodations comply with the "accommodation principle," which requires them to make reasonable adjustments to job tasks, places of work, and public places in society, to enable equal participation by qualified individuals with disabilities. The articles in this special section consider these principles in innovative ways from a disability-inclusive paradigm. Conclusions: The COVID-19 pandemic has highlighted the need for a robust research literature on disability-inclusive employment policy and practice for people with disabilities and for cancer survivors. This special section offers five articles as a start. The section's "Introduction" also highlights recent ADA case law and introduces two new national Rehabilitation Research and Training Centers, one on Disability Inclusive Employment Policy ("DIEP RRTC") and one on Employer Practices Leading to Successful Employment Outcomes Among People with Disabilities ("Employer Practices RRTC"), both designed to help fill this need. The centers are currently examining ways organizations, including those in the gig economy, can facilitate inclusive employment of people with disabilities. Implications for Cancer Survivors: As highlighted in the Introduction's discussion of recent ADA cases involving cancer-related employment discrimination, as well as in the special section's articles, discrimination in employment persists and, indeed, is worsening for cancer survivors and those with disabilities. This discrimination affects people across the demographic spectrum, and it can be especially harmful to people in groups not always acknowledged, such as individuals with multiple, intersectional minority identities associated with race, ethnicity, sexual orientation, and gender identity, as well as people at different stages of the life course. Furthermore, the impact of discrimination in employment is often exacerbated by life experiences such as unemployment and underemployment, financial insecurity, ableism, racism, and sexism. [ABSTRACT FROM AUTHOR]

The article focuses on the failure of U.S. federal circuit courts in fulfilling the purpose of the Americans With Disabilities Act (ADA) in relation to reassignment to a vacant position as a reasonable accommodation. Topics discussed include the purpose of the ADA as stated by the U.S. Congress, the divide among circuit courts that led to the unequal treatment of disabled workers, the limited guidance from the U.S. Supreme Court, and the need for reassignment to be mandatory.

This article summarizes the facts and rulings of a recent representative federal appeals court decision concerning the legal claims of two school nurses who lost their positions after advocating on behalf of students with diabetes. Their primary claim was the anti-retaliation protection under the pair of federal laws prohibiting disability discrimination—Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. The second of the two nurses additionally asserted protection under this pair of laws based on her own asserted disabilities. The discussion reveals the sometimes significant difference between legal requirements, as determined by appellate courts, and professional norms, as perceived by practitioners and professors in school nursing. [ABSTRACT FROM AUTHOR]

Background: Research indicates that transition-age youth with disabilities face several obstacles with regard to finding employment. However, research on the extent to which barriers and facilitators differ across disability types and contexts is lacking. Objective: The primary purpose of this qualitative study was to understand employment-related challenges encountered by a cross-section of transition-age youth with disabilities across multiple settings. In addition, the study also examined transition-aged youth's knowledge and use of rights under the Americans with Disabilities Act (ADA). Methods: We adopted a focus group strategy to understand the barriers faced by transition-aged youth with disabilities; five focus groups were conducted at five community-based locations in three states (Maryland, Delaware, and Virginia) in Federal Region 3 (i.e., Mid-Atlantic). Participants ranged in age from 16 to 24 (53.5% male; 44.2% White). Findings: Findings indicated that youth with disabilities faced several barriers in the form of stigma, lack of workplace supports and accommodations, their disability condition, and anxiety. In addition, a very small proportion of the sample were aware about the ADA and their rights under Title I. Conclusions: Findings highlight the need to develop programs that equip transition-aged youth with disabilities with the necessary skills as they prepare to enter the work force. In addition, efforts should be targeted at addressing the barriers identified in the study, such as stigma, as well as at increase students' knowledge of the ADA by embedding information within secondary and postsecondary academic curricula. [ABSTRACT FROM AUTHOR]

The article offers information on Predictive Health Information and Employment Discrimination under the Americans with Disabilities Act and Genetic Information Nondiscrimination Act (GINA). It mentions completion of a draft sequence of the human genome facilitated the study of genomic variation, including research using single nucleotide variants, genome-wide association studies (GWAS), genotype-phenotype associations, and other methods.

The purpose of this study is to examine the prevalence of different workplace accommodation request strategies, the effectiveness of different request approaches, and situational and individual factors associated with different request strategies for individuals with disabilities. Common action plans of accommodation requests may vary depending on decisions about mentioning the Americans With Disabilities Act (ADA) (or not) and whether a formal (or informal) request is submitted, though past literature has focused primarily on formal accommodation requests made under the auspices of the ADA. Participants (n = 408) were recruited from rehabilitation agencies and organizations serving people with disabilities in the United States. The results indicated that informal requests without mentioning the ADA were found most often, followed by formal requests while not mentioning the ADA, formal requests while mentioning the ADA, and informal requests while mentioning the ADA. The odds of acquiring the requested accommodation were significantly higher, relative to other strategies, for requests made informally without mentioning the ADA. A variety of individual attributes capable of discerning when participants chose one strategy over another were observed; these included self-efficacy and outcome expectancy, negative affect, and an array of situational and personal attributes. Implications for research and practice were discussed. [ABSTRACT FROM AUTHOR]

BACKGROUND: Individuals with hearing loss experience unique barriers to employment frequently documented in the areas of communication and education. The purpose of this article is to contribute to extend this inquiry to the uniqueness of workplace discrimination involving persons with hearing loss. OBJECTIVE: This study investigated differences in allegations of workplace discrimination filed by persons with hearing loss ("Hearing") compared to those filed by persons with other physical or neurological disabilities (General Disability, or "GENDIS") before and after the enactment of the 2008 Americans with Disabilities Act Amendments Act (2008 Amendments). METHODS: Using secondary data collected from the Equal Employment Opportunity Commission (EEOC) Integrated Mission System, we employ simple measures of proportion and odds ratios to describe differences between allegations derived from GENDIS and Hearing loss populations. These are population statistics, and not samples, of all allegations of discrimination reported to the EEOC through 2016. The comparisons involve Characteristics of the Charging Parties, Issues or discriminatory behaviors alleged, and closure statuses or Merit Rate of the EEOC's investigations – both before and after the 2008 Amendments. RESULTS: Following the 2008 Amendments, Charging Parties changed dramatically on age and gender status. Reasonable Accommodation, Hiring, Harassment, and employment Terms and Conditions showed unique features between groups and/or time periods. The "veracity" (confirmed truthfulness or merit) of the EEOC allegation (or Merit) rate also changed following the Amendments: higher for GENDIS; lower for Hearing. CONCLUSIONS: Possible rationale for these findings are offered, and new research questions are raised. Finally, implications for the cross-disability movement are presented. [ABSTRACT FROM AUTHOR]

The Americans with Disabilities Act of 1990 (ADA) was the first federal disability-based anti-discrimination law that applied to a broad range of workers. Whereas some studies have focused on its impact on workplace accommodation, this is the first to do so while accounting for previous state anti-discrimination and Workers' Compensation laws. Using data from the Health and Retirement Study, the authors find that prior to the implementation of the ADA, employers were more likely to accommodate workers if their disability onset was work-related and hence likely to be covered by Workers' Compensation laws. State anti-discrimination laws significantly increased accommodations to workers whose disabilities were not work-related, effectively bringing their accommodation rates in line with workers whose disabilities were. Though implementation of the ADA increased accommodation for all workers, the authors point out that failure to account for pre-existing state anti-discrimination and Workers' Compensation laws will underestimate its effect. [ABSTRACT FROM AUTHOR]

Although the Americans with Disabilities Act requires most employers to provide reasonable accommodation, there is reason to believe that people with disabilities are often unwilling to make such requests. The authors therefore focus on factors influencing the requester's likelihood of seeking an accommodation. By drawing upon the theories of planned behavior, help-seeking, and distributive justice, the authors propose a framework identifying several salient beliefs that may influence request likelihood and then explore the role of select situational characteristics in shaping these beliefs as a way to more fully understand the requester's assessment process. [ABSTRACT FROM AUTHOR]

The author presents a model of when and how coworkers judge the distributive fairness of workplace accommodations of employees with disabilities. Fairness judgments are made when accommodations are salient and relevant to coworkers. The author thus presents factors influencing the salience and relevance of accommodation. She also argues that fairness judgments are based on equity and need rules and therefore explores factors influencing equity comparisons and perceived warrantedness. Finally, the author suggests directions and ideas for future research. [ABSTRACT FROM AUTHOR]

The authors developed and tested hypotheses describing the psychological process invoked when managers receive requests for accommodations from employees with disabilities. In two scenario-based experiments, obligation and attitude had consistent effects on managers' intentions to comply, mediating the influence of performance instrumentality and perceived fairness. Psychological reactions were affected by the controllability of a disability's onset, the employee's past performance, and the size of the requested 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]

The article informs on circuit split regarding noncompetitive reassignment under the U.S. Americans with Disabilities Act (ADA) of 1990. Topics discussed include brief background of the ADA and reasonable accommodation; U.S. Court of Appeals for the Eleventh Circuit court case EEOC v. St. Joseph's Hospital, Inc. addressing reasonable accommodation; and the U.S. Supreme Court case U.S. Airways, Inc. v. Barnett on reasonable accommodation of a disabled employee.

The article focuses on growth of effective and affordable assistive technology with potential benefit both to workers with disabilities and to their employers. It mentions tax, retention, attendance, productivity, and public image advantages of employing workers with disabilities. It also mentions goal of increasing the employment of workers with disabilities by educating employers and minimal cost and unexpected benefits to the employer under Americans with Disabilities Act of 1990 (ADA).

The article presents a study which explored the impact of the disability of a job applicant on evaluative judgments in the selection process. A brief overview of the research problem and the methodology used in the study is discussed. The subjects of the study and procedures used in the study are detailed. The results of the study are reviewed, and a discussion of it's implications for further research and limitations stemming from the data set used are also examined.

This article discusses disability inclusion in the workplace. It identifies barriers and makes recommendations to help meet employment needs of people with disabilities, utilizing lupus as an example. A convergent mixed method design study examined the workplace experiences and needs of individuals with lupus. Availability sampling yielded 1,776 participants from across the United States. The results revealed 69% of the respondents reported that lupus symptoms had a negative impact on their employment and 48% of the participants reported needing help or accommodations in the workplace. An inductive thematic content analysis with an inter-coder agreement ranging from 71% to 73% yielded 4 themes encompassing issues related to productivity, interpersonal relationship in the workplace, and adjustments in work responsibilities and work environment, respectively. The results suggest that training programs about the American with Disability Act may have a positive impact on organizational functioning. Employers have a responsibility to maintain a flexible work environment whenever possible to address variability in employees' needs. Employers and employees should engage in ongoing discussions that seek to identify accommodations that will help employees with disabilities meet their workplace responsibilities and to enhance their contribution to the organization. Managers and administrators are encouraged to create an environment that values a diverse workforce, including persons with disabilities. [ABSTRACT FROM AUTHOR]

As one ages, the chance of acquiring functional limitations increases dramatically. Thus, a remarkably high proportion of older workers will likely qualify for workplace accommodations. The current study aimed to gain an understanding of subgroups of older workers who were less likely to request and receive accommodations, associations of psychosocial factors (i.e., workplace supports, employees’ knowledge of the Americans With Disabilities Act [ADA] and accommodations, and whether an individual has a work goal) with requesting and receiving accommodations, and differences on these psychosocial factors within various demographic subgroups of older workers. Two hundred thirty-one individuals 50 years and older recruited from multiple national organizations and rehabilitation agencies participated in this study through an online survey. The study found that the psychosocial factors were positively associated with requesting and receiving accommodations. In addition, participants who were less likely to request and receive accommodations reported lower scores in the psychosocial factors. Practical implications for rehabilitation counselors and further research are discussed. [ABSTRACT FROM AUTHOR]

The article presents a 2017 report on equal employment opportunities and treatment in employment on visually impaired individuals in the U.S. Topics discussed include Americans with Disabilities Act (ADA) and ADA Amendments Act provisions, the continuing receipt of workplace discrimination complaints, and the link of categories of discrimination charges to their filing before or after ADAAA. Also noted are the job acquisition charges decline and discrimination charges increase after ADAAA.

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]

Federal legislation, such as the Americans with Disabilities Act, Section 504, and the Individuals With Disabilities Education Act, mandates that individuals with disabilities be integrated in all aspects of life from education to employment to independent living. A recent development involves a settlement reached between the United States and the State of Rhode Island/City of Providence regarding sheltered workshops. States must ensure the availability of a continuum of alternative settings that span from restrictive (e.g., sheltered workshops) to fully integrated, community-based, competitive employment. The use of sheltered workshops as categorical, permanent, segregated practice is discriminatory. [ABSTRACT FROM AUTHOR]

The article discusses how employers should handle the special needs that an employee with a chronic disease might have which can continue for years after an illness is diagnosed. Topics include the case of Kim Hall, an event planner who underwent surgery and chemotherapy for colorectal cancer, definition of chronic disease, and the creation of workplace accommodation tool kits by Job Accommodation Network (JAN) and others to help supervisors understand the concept of accommodation.

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]

The article focuses on the issues surrounding pregnancy-related discrimination in the workplace in the U.S., and also offers solutions for mitigating the same. Topics discussed include an account of laws that protect the rights of the pregnant workers; enactment of Pregnant Worker Fairness Act for the same; and number of claims pending with the U.S. Equal Employment Opportunity Commission.

BACKGROUND: Workplace modified duty programs may provide reasonable accommodations to employees who have partial temporary job disability and could work on duty accommodations until they fully recover. However, little is known about the implementation barriers and effectiveness of such programs. OBJECTIVE: This study is aimed at evaluating the implementation of a modified duty program for employees in an oncology center. METHODS: A modified duty program for employees working at the Bank of Cyprus Oncology Center, a non profit organization with 200 employees located in the Republic of Cyprus was evaluated based on the health records of the occupational medicine department. RESULTS: Employees' participation in the program was 3%. A total of 12 employees participated (6 each year). The participants were all women and the mean participation period was 21.6 days (range 10 - 65 days). The two most frequent reasons for a modified duty assignment were pregnancy and back pain. Employees were assigned either on limited duties or on a combination of limited duties and reduced work hours. Employees reported being very satisfied with their participation based on a follow-up narrative oral assessment. CONCLUSION: The small participation rate does not allow for advanced statistical analyses. Further studies from larger organizations are urgently needed to evaluate the effectiveness of modified duty programs. The development of a legal framework for such modified duty programs in Cyprus as well as internationally may promote their implementation in order to facilitate the effective management of temporary partial job disability for the benefit of both employees and businesses. [ABSTRACT FROM AUTHOR]

BACKGROUND: The provision of workplace accommodations is a proven strategy in supporting individuals with disabilities at work. Accommodations include a wide range of supports and strategies that are not very well defined beyond the Americans with Disabilities Act in the United States. Understanding the landscape of accommodations is important to measure the impact of programs that support employment of individuals with disabilities. OBJECTIVE: To conduct a scoping review and thematic analysis of research literature to identify how workplace accommodations are operationalized and to identify knowledge gaps in its conceptualization. METHODS: Keywords searches were conducted in seven electronic databases. Title, abstract, and full text screening was conducted followed by a thematic analysis of the content to identify how workplace accommodations are operationalized. RESULTS: Overall, 47 studies were selected for review. 433 different types of accommodations were identified, of which assistive technology and specialized equipment represented the most frequently reported type of accommodation (40%). A very small percentage of studies included policy changes (9%) and human assistance (5%) as an accommodation strategy. CONCLUSIONS: This scoping review aims to clarify how accommodations are operationalized in the research literature. Key knowledge gaps identified include the systematic exclusion of certain types of supports or disability types. [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]

The empirical literature on the impact of psychiatric disability on employment outcomes has consistently shown that individuals with psychiatric disabilities are more likely than those without to experience adverse labor market outcomes. One strategy invoked to address barriers to employment has been reasonable job accommodations, developed originally through the Americans With Disabilities Act legislation. However, little is known about the factors associated with the request for reasonable job accommodations among those with serious psychiatric disabilities. Data for this study come from a longitudinal multisite demonstration project funded by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration. Accommodations were reported by individuals with serious mental health disabilities who became employed. Results from logistic regression analysis found that those who disclosed their disability to their employers, who were more severely disabled, and who had positive social relationships were more likely to request accommodations. This study advances our knowledge of the factors that influence the decision of individuals with serious mental health disabilities to seek accommodation in the work environment and offers a framework for guiding rehabilitation counselors in ways that might help to enhance employment outcomes for this population. [ABSTRACT FROM AUTHOR]

BACKGROUND: The recent rehabilitation literature does not include a thorough assessment of the employment concerns of people with MS. OBJECTIVE: This article presents descriptive findings from a national survey of the employment concerns of Americans with multiple sclerosis (MS; N= 1,924), representing nine chapters of the National Multiple Sclerosis Society. METHODS: Respondents were asked to evaluate 38 employment concerns items on two dimensions, importance and satisfaction, for the purpose of identifying strengths and weaknesses in the employment policies and practices affecting the labor force participation of people with MS. RESULTS: Results revealed a total of 32 employment strengths and six employment weaknesses. CONCLUSIONS: In spite of a jobless rate of more than 60 percent, people with MS were satisfied with the majority of employment concerns. Implications of these findings for rehabilitation policy and service delivery are examined. [ABSTRACT FROM AUTHOR]

The article focuses on the U.S. Ninth Circuit court decision in K.M. v. Tustin Unified School District related to special education rights under section 504. Topics discussed include impact of Tustin case on the difference in the standard of education required under section 504; Disabilities Education Act (IDEA) and American's with Disabilities Act (ADA); and Education for All Handicapped Children Act (EAHCA) of 1975 which provides equal education to all the people.

The Americans With Disabilities Act, along with the ADA Amendments Act, court decisions, and technological advances, have combined to create a situation which, at the time of original ADA's passage in 1990, would have been virtually unthinkable--employees with some disabilities now have the right to legally demand that they be allowed to work from home. With the advancing age of the workforce, and increases in networking abilities to link the home into the office, the number of employers facing said demands is certain to increase. The following is a guide for analyzing and dealing with said demands. [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]

The article reports the remedies that can be used by the courts in the U.S. to overcome deference to employers in the "essential functions" inquiry as described under the U.S. Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Topics discussed include use of exclusionary qualification standard by the government to prevent discrimination with people with disabilities, the "ideal worker" norm under the ADAAA, and history and purpose behind the ADAAA.

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]

The practice of social work has been greatly affected by the Americans with Disabilities Act of 1990 (ADA). Title I of the statute prohibits discrimination against people with disabilities, including the increasing number of workers who are returning to work after a traumatic brain injury (TBI). This article examines the extent to which the ADA protects those with TBI from being harassed, being denied reasonable workplace accommodations, or suffering other adverse actions related to perceived discrimination. To do so, it relies on judicial decisions from U.S. federal courts involving alleged workplace discrimination of this population. Implications for social work practice are noted with the intent of increasing ADA awareness among professionals providing services to people who meet the criteria for disability under the ADA as well as to those persons who do not. The authors hope to encourage social workers to rely on case law analysis as a mechanism to provide further evidence of the systematic problems faced by people with TBI and thus increase their visibility. [ABSTRACT FROM PUBLISHER]

This Article contends that workplace accommodations should be predicated on need or effectiveness instead of group-identity status. It proposes that, in principle, "accommodating every body" be achieved by extending Americans with Disabilities Act-type reasonable accommodation to all work-capable members of the general population for whom accommodation is necessary to give them meaningful access. Doing so shifts the focus of accommodation disputes from the contentious identitybased contours of "disabled" plaintiffs to the core issue of alleged discrimination. This proposal likewise avoids current problems associated with excluding "unworthy" individuals from employment opportunity--people whose functional capacity does not comply with prevailing workforce design and organizational presumptions-- and who therefore require accommodation. Adopting this proposal also responds to growing demands to extend the length of time people remain at work by enhancing employment opportunities for aging individuals still capable of contributing on the job. Provision of accommodations for age-related alteration of functionality, when the accommodations are effective, is reasonably prescribed because it is in everyone's interest to retain maximum capabilities as they grow older, whether or not they also possess identity-based characteristics sufficient to constitute a "disability" under the ADA. [ABSTRACT FROM AUTHOR]

Being able to work is an important part of life for many adults. Meaningful work n~ton~y p~o:n_otes self-efficacy but also provides financial independence. However, people wzth dz~abzlztzes face m~ny b~rriers as they attempt to participate in the labor force. Widely recogmzed as an effectzve evzdence-based employment approach for people with disabilities, supported employment offers people with disabilities employment opportunities and vocational training in structured work settings with intensive on-the-job support as needed. Supported en:plo!:rz.ent can be applied to populations with psychiatric, developmental, and co-occurring dzsabzlztzes. Research has shown that supported employment provides a higher competitive employment rate than other vocational approaches. We discuss barriers to implementing supported emfloyment and offers suggestions for possible future studies to examine factors related ~o the zmplementatwn. To promote the practice of supported employment, rehabilitation professwnals must keep abreast of disability policies, upgrade their knowledge and skills with cutting-edge practices, and conduct more basic and applied research. [ABSTRACT FROM AUTHOR]

The article focuses on the legal rights of people with diabetes as employees in the U.S. It notes that under the Americans with Disabilities Act and the Rehabilitation Act of 1973, employers are required to follow rules to ensure that workers with diabetes are treated fairly. It also notes the role of diabetes health care providers (NCP) in anticipating and identifying workplace discrimination problems.

BACKGROUND: Increasingly, people diagnosed with cancer are surviving and continuing to participate in the work force. This trend brings with it new issues regarding survivors' employment-related needs. OBJECTIVE: The research team's objective is to explore cancer survivors' employment-related needs and supports with the ultimate goal of developing a training intervention for them. METHODS: Data were collected via an online survey. This article reports on the findings from the pilot stage of the study, which included 32 respondents. RESULTS: Many cancer survivors experience cancer symptoms at work, but do not tend to seek reasonable accommodations. Levels of awareness of possible programmatic and legal supports are low. Respondents reported that neither employers nor medical practitioners are primary sources of information regarding their individual employment-related concerns. Instead, they relied on general information from cancer advocacy organizations. CONCLUSIONS: Survivors, employers, and practitioners who treat cancer patients could benefit from training resources about how survivors might address their employment-related needs. [ABSTRACT FROM AUTHOR]