Workplace discrimination and diabetes: the EEOC Americans with Disabilities Act research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with diabetes is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with diabetes and persons with other physical, sensory, and neurological impairments. Specifically, the researchers examine demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom complaints are filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the legal outcome or resolution of these complaints. Findings indicate that persons with diabetes were more likely to encounter discrimination involving discharge, constructive discharge, discipline and suspension - all job retention issues. Persons with diabetes were less likely to encounter discrimination involving hiring, reasonable accommodation, non-pension benefits, and layoff. They were also more likely to encounter discrimination when they were older or from specific ethnic backgrounds, or when they worked for small employers or in the Southern United States. Implications for policy and advocacy are addressed.     

Workplace discrimination and missing limbs: the national EEOC ADA research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with missing limbs is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with missing limbs and persons with back and other non-paralytic orthopedic impairments. Specifically, the researchers examine demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom complaints are filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the legal outcome or resolution of these complaints. Findings indicate that persons with missing limbs were more likely to encounter discrimination if they were male, under 20 or over 65 years of age, and White or Native American. They were also more likely to encounter more frequent discrimination when they worked for employers in the Southern United States, those with 200 or fewer employers, or whose industry designation involved manufacturing, construction, or transportation. Finally, the nature of job discrimination experienced by Americans with missing limbs is more likely to involve hiring, promotion, or job training than other issues. Implications for policy and advocacy are addressed.     

Workplace discrimination and disfigurement: the national EEOC ADA research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with disfigurement is documented. Key dimensions of workplace discrimination involving Americans with disfigurement and persons with missing limbs are compared and contrasted. Specifically, the researchers examine demographic characteristics of Charging Parties; the industry designation, location and size of Respondents/employers; the discrimination Issue (i.e., type of adverse action) alleged to occur; and the legal outcome or Resolution of these allegations. Charging Parties with disfigurement who are female or between 30 and 39 years of age are more likely to encounter employment discrimination than their counterparts with missing limbs. Harassment and Non-wage Benefits are the Issues that emerge in higher proportion. Allegations derived from persons with disfigurement are more common in among mid-size employers, those located in the South, or those in Retail or Service industries. Following investigation, allegations derived from persons with disfigurement are less likely to have Merit Resolutions than those brought by Charging Parties with missing limbs.     

Is obesity stigmatizing? Body weight, perceived discrimination, and psychological well-being in the United States

We investigate the frequency and psychological correlates of institutional and interpersonal discrimination reported by underweight, normal weight, overweight, obese I, and obese II/III Americans. Analyses use data from the Midlife Development in the United States study, a national survey of more than 3,000 adults ages 25 to 74 in 1995. Compared to normal weight persons, obese II/III persons (body mass index of 35 or higher) are more likely to report institutional and day-to-day interpersonal discrimination. Among obese II/III persons, professional workers are more likely than nonprofessionals to report employment discrimination and interpersonal mistreatment. Obese II/III persons report lower levels of self-acceptance than normal weight persons, yet this relationship is fully mediated by the perception that one has been discriminated against due to body weight or physical appearance. Our findings offer further support for the pervasive stigma of obesity and the negative implications of stigmatized identities for life chances.     

Multiple chemical sensitivity and workplace discrimination: the national EEOC ADA research project

Information from the Integrated Mission System of the United States Equal Employment Opportunity Commission (EEOC) was used to investigate the employment discrimination experiences of Americans with multiple chemical sensitivity (MCS) in comparison to Americans in a general disability group with allergies, asthma, HIV, gastrointestinal impairment, cumulative trauma disorder and tuberculosis. Specifically, the researchers examined demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom allegations were filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the legal outcomes or resolutions of these allegations. Findings indicate that persons with MCS were, on average, older than the comparison group and comparatively overrepresented by Caucasians and women. People with MCS were proportionally more likely than the comparison group to allege discrimination related to reasonable accommodations. People with MCS were proportionally more likely than the comparison group to file allegations against employers in the manufacturing and public administration industries, employers with 201-500 workers, and employers in the Western Census region. People with MCS were proportionally more likely than the comparison group to receive non-merit resolutions as a result of the EEOC's Americans with Disabilities Act Title I investigatory process. Implications for policy and advocacy are addressed.     

The best practice for gaining and maintaining employment for individuals with traumatic brain injury

There are currently 5.3 million Americans with traumatic brain injury, the majority were young at onset and have a lengthy life expectancy. Return to work is a key to quality of life for many of these individuals. This article provides a literature review of current traumatic brain injury vocational rehabilitation programs including: holistic cognitive rehabilitation, school to work transition, and supportive employment followed by a proposal for the best practice.     

The meaning of workplace discrimination for women with disabilities

Studies have found that persons with disabilities who are also members of other minority groups or women encounter dual discrimination. This paper describes how women with disabilities who are in the workplace experience discrimination. In order to determine whether discrimination was a viable issue, theoretical contexts of feminist theory, disability theory, and attribution theory were examined as well as literature examining employment of women with disabilities. For this study, three women with various disabilities were interviewed regarding the effect of their disability on their typical workday, their employment and job seeking history, and employment opportunities. Qualitative data were also provided through mapping by the participants and pictorial data of worksites. Data were grouped into themes of pre-conceived notions of others, attitudes of others, accommodation issues, inclusion issues and exploitation issues. From these themes definitions of discrimination, nondiscrimination in the workplace were developed. Conclusions include the need for more research on workplace experiences of other or more specific populations that experience discrimination as well as the need for ethical reflection on the part of the researcher regarding vulnerable populations.     

Courtesy Stigma and the ADA

Abstract

A seldom-discussed element of the Americans with Disabilities Act (ADA) of 1990 provides a degree of employment protection to the relatives and close associates of persons with disabilities, if these relatives or associates have been subject to adverse employment action because of this relationship. This paper describes this “third-party discrimination,” and analyzes important court cases related to it.     

Workplace discrimination, deafness and hearing impairment: the national EEOC ADA research project

Data compiled by the US Equal Employment Opportunity Commission (EEOC), in its Integrated Mission System, provide documentation regarding the employment discrimination experience of Americans who are deaf or hard of hearing. This paper presents an analysis of 8,936 allegations filed by persons with hearing impairment and closed by EEOC between July 26, 1992 and September 30, 2003, as compared to 165,674 allegations filed by individuals with other physical or sensory disabilities. The investigators compare and contrast demographic characteristics of Charging Parties, characteristics of Respondents, the nature of allegations, and the outcomes of the allegations in order to illustrate how these variables differ between the two groups, herein referred to as HEARING (deaf, hard of hearing, or other hearing impairment) and GENDIS (general disability). Most allegations derived from both groups were filed against larger Respondents (those with 500+ workers). The most common allegation issues in the HEARING group involved matters of discharge, reasonable accommodation, and hiring. Outcomes derived from HEARING allegations were more likely to result in merit resolutions when compared to GENDIS, by a 25% to 21% margin.     

A Youth Perspective on Life with a Disability

Abstract

A momentous piece of legislation, the Americans With Disabilities Act (ADA) of 1990 provided for the elimination of discrimination against individuals with disabilities and more significantly is aimed toward improving their employment opportunities. There is, however, evidence that the ADA implementation has not moved fast enough in increasing employment opportunities for persons with disabilities. This article reviews the literature on disability and employment barriers, federal statutes, societal attitudes and biases, and human relations misconceptions associated with disabilities. It discusses social work roles, advocacy for social justice, implications for rehabilitation counselors, and issues related to disabilities and employment.     

Using the Americans with Disabilities Act to the advantage of persons with severe and persistent mental illness: what rehabilitation counselors need to know

This article explains central constructs and definitions underlying the Americans with Disabilities Act (ADA) and discusses their implications for persons with severe and persistent mental illness, as well as for rehabilitation counselors working with this population. Focus is placed upon Title I of the ADA, which prohibits discrimination in employment. The article provides a brief review of legislative history relevant to the integration of people with mental illness into public life. It proceeds with a discussion of definitions under Title I of the ADA. Considerations in applying the ADA to assist persons with severe and persistent mental illness in employment are addressed throughout and are discussed in detail in the final section of the article.     

Workplace discrimination and HIV/AIDS: the national EEOC ADA research project

This article utilizes data from the Equal Employment Opportunity Commission's Integrated Mission System database to document the levels of employment discrimination involving individuals with HIV/AIDS. The researchers explore the theory that the nature of HIV/AIDS related employment discrimination is rooted in deeper stigmatization than discrimination against other disability groups. Researchers compare and contrast key demographic characteristics of Charging Parties and Respondents involved in HIV/AIDS related allegations of discrimination and their proportion of EEOC merit resolutions to those of persons with other physical, sensory, and neurological impairments. Findings indicate that, in contrast to the general disability group, HIV/AIDS was more likely to be male, ethnic minorities, between the ages of 25-44, in white collar jobs, in the South and West and to work for businesses with 15 to 100 employees. Additionally, the allegations in HIV/AIDS were more likely to receive merit resolution from the EEOC by a large difference of ten percent.     

Predicting the effect of disability on employment status and income

Research shows that participation in employment contributes to life satisfaction for persons with disabilities [18]. Title I of the Americans with Disabilities Act (ADA) sought to prohibit discrimination against persons with disabilities in the workplace, however, the ADA's effectiveness remains controversial. This research utilizes data from the disability supplement of the 2000 Behavioral Risk Factor Surveillance System to examine the impact of disability status on predicting employment status and income. Confounding variables such as gender, age, educational level, race and marital/parental status are examined regarding their influence on results. Results from analysis utilizing zero-order correlation, linear and logistic regression analysis techniques revealed that disability status has a significant predictive effect on inability to work. Furthermore, results continue to show that despite legislation, the higher the level of disability, the lower the employment status (those employed for wages) and income. Finally, disability status, coupled with being female or decreased educational level, consistently shows significance in predicting lower employment status and income than men or non-minorities with disabilities. Future research opportunities and policy implications are discussed with regard to the results presented.     

The Determinants of Racial Disparities in Perceived Job Insecurity: A Test of Three Perspectives

Why do African Americans report higher levels of perceived job insecurity than whites? We analyze data from the 1996 and 1998 General Social Survey to test alternative predictions from the compositional, inclusive‐discrimination, and dispositional perspectives concerning the sources of the racial gap in perceived insecurity. Results from ordered probit regressions provide most support for the inclusive‐discrimination perspective, which maintains that employment practices associated with “modern racial prejudice” induce perceived insecurity on a widespread and generalized basis among African Americans. Accordingly, compared to whites, African Americans experience perceived insecurity net of human capital credentials and job/labor market characteristics. Additional analyses provide one qualification to these findings: dynamics associated with the inclusive‐discrimination perspective are more pronounced in the private sector than the public sector.     

Region,Social Identities,and Disclosure Practices as Predictors of Heterosexist Discrimination Against Sexual Minorities in the United States

Exposure to heterosexist discrimination may vary by a person's place of residency. Utilizing a minority stress perspective, an online survey of self‐identified lesbian, gay, and bisexual (LGB) individuals (n = 285) examined whether rural and small town inhabitants experienced greater exposure to six types of enacted stigma. After comparing the frequency of enacted stigma by community type, findings demonstrated that rural LGBs reported experiencing more homophobic statements, property damage, and employment discrimination than urban LGBs. Small town LGBs also encountered additional amounts of housing discrimination and were more often chased by strangers compared with urban sexual minorities. Finally, disclosure practices and hierarchies based on race and social class also influenced exposure to discrimination. The importance of spatial factors often intensified when respondents disclosed their sexual identity more publicly. When exploring racial and class differences, affluent sexual minorities experienced less employment discrimination and white sexual minorities were less likely to experience several forms of heterosexist events (especially being punched and kicked).     

Gender as a differential indicator of the employment discrimination experiences of Americans with multiple sclerosis

Information from the Integrated Mission System of the United States Equal Employment Opportunity Commission (EEOC) was used to investigate the employment discrimination experiences of women and men with multiple sclerosis (MS). Spanning the years 1992 to 2003, the EEOC database included 3,663 allegations of discrimination filed by 2,167 adults with MS. With respect to women and men with MS, the researchers examined the comparability of a) demographic characteristics; b) industry designations, locations, and size of employers; c) the nature of discrimination alleged; and d) the legal outcome or resolution of those allegations. On average, women and men with MS were in their early forties, with the majority of both groups being Caucasian. Both women and men were most likely to allege discrimination related to discharge and reasonable accommodations, although women were more likely to file harassment charges than men. Men with MS were more likely to allege discrimination regarding hiring and reinstatement. Women with MS were more likely to file allegations against employers in the service industries, and men were more likely to file allegations against employers in the construction, manufacturing, and wholesale industries. No gender differences were found in the geographic distribution of allegations. Both groups had comparable rates of merit closures (23% vs. 27%) as a result of the EEOC's investigatory process. Implications for rehabilitation counseling and employer-oriented interventions are discussed.     

Predicting group consciousness among Asian Americans: Considering commonalities,shared interests,panethnic group identification,and linked fate

Identifying factors linked to the development of group consciousness is important toward bettering our understanding of group formation processes among marginalized ethnoracial groups. This study examines predictors of group consciousness among Asians and Asian Americans in the United States, focusing on numerous dimensions of this concept, including linked fate, panethnic group identification, and four specific sources of perceived group commonality and interests: (1) cultural, (2) economic, (3) political, and (4) racial. We use data from a national survey to examine socio-structural, political, discrimination, and immigration correlates associated with separate dimensions of Asian group consciousness. We found that perceiving interpersonal discrimination increased the importance of being Asian; heightened the odds of feeling linked fate with other Asian people; and enhanced the odds of identification as “Asian American.” Republicans and Independents were less likely to perceive different elements of Asian group consciousness compared to Democrats. Educational attainment, income, gender, employment status, ethnicity, and English-speaking comfortability had varying effects across certain measures of Asian group consciousness. For Asians and Asian Americans, interpersonal discrimination and certain socio-structural, political, and immigration factors may be especially meaningful toward the development of linked fate, shared group interests and commonalities, and panethnic identification, all of which are key toward activating group consciousness.     

Workplace discrimination and cancer

Data from the Equal Employment Opportunity Commission (EEOC) Integrated Mission System database were analyzed with specific reference to allegations of workplace discrimination filed by individuals with cancer under ADA Title One. These 6,832 allegations, filed between July 27, 1992 and September 30, 2003, were compared to 167,798 allegations from a general disability population on the following dimensions: type of workplace discrimination; demographic characteristics of the charging parties (CPs); the industry designation, location, and size of employers; and the outcome or resolution of EEOC investigations. Results showed allegations derived from CPs with cancer were more likely than those in the general disability population to include issues involving discharge, terms and conditions of employment, lay-off, wages, and demotion. Compared to the general disability group, CPs with cancer were more likely to be female, older, and White. Allegations derived from CPs with cancer were also more likely to be filed against smaller employers (15-100 workers) or those in service industries. Finally, the resolution of allegations by CPs with cancer were more likely to be meritorious than those filed from the general disability population; that is, actual discrimination is more likely to have occurred.     

Asian American Identification with African Americans,Latinos, and Whites: The Roles of Discrimination and Self-Identified Skin Tone

ABSTRACT

Using a sample of up to 1,208 Asian Americans, we examine the effects of skin tone on perceived commonality with African Americans, Latinos, and whites. Overall, we find that Asian Americans are more likely to identify with whites than with African Americans or Latinos. When we account for skin tone, we find that Asian Americans with a medium skin tone experience increased odds of perceiving a commonality with African Americans and Latinos. While we expected the relationship between skin tone and perceived commonality to be mediated by experiences of discrimination, this was not the case. We conclude that Asian Americans occupy a position toward the top of the black-white binary and the oppressive racial hierarchy that exists within the United States. Like previous scholars, we suggest that Asian Americans can use their relative standing to disrupt the oppressive racial hierarchy. However, we recognize that whites, holding a position at the top of the racial hierarchy, must also be responsible for dismantling it.     

Asian American Interracial and Interethnic Marriages: Differences by Education and Nativity1

Using the 1990 U.S. census data, we apply log‐linear models to examine Asian Americans' interracial marriage with whites and interethnic marriages between Asian ethnic groups. Japanese and Filipino Americans are most likely to marry whites, followed by Chinese and Korean Americans. Southeast Asian and Asian Indian Americans are least likely to marry whites. We further explore how interracial marriage differs by couples' educational and nativity combinations. The impact of educational attainment, generally, is very strong but is modest for Japanese Americans, the most assimilated group, and for Southeast Asian Americans, the least assimilated group. Interracial marriage is more likely for native than for immigrant couples, but immigrants marrying natives are more likely to marry whites than persons of their own ethnic group. Interethnic marriage between Asian ethnic groups is limited to several ethnic groups, but is much more frequent among natives than among immigrants. Japanese and Chinese Americans, who have lived in the United States for several generations, have the highest rate of interethnic marriage. We have shown two forms of integration for Asian Americans – integration into mainstream society through interracial marriage for both immigrants and natives and integration into Asian American pan‐ethnicity through interethnic marriage for later‐generation natives.