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 traumatic brain injury: the national EEOC ADA research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with traumatic brain injury is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with traumatic brain injury 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 outcome or resolution of the investigations. Findings indicate that persons with traumatic brain injury were more likely to encounter discrimination after obtaining employment as opposed to during the hiring process. They were also more likely to encounter discrimination when they were younger or Caucasian or when employed in the Midwestern or Western United States. Implications 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.     

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.     

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.     

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.     

Attitudes of Mexican Americans toward irregular immigration

This inquiry focuses on the attitudes of 314 Mexican Americans toward issues relating to current US immigration policy. Telephone and personal interviews were conducted in Hidalgo and Travis counties, Texas, with Mexican-Americans. Virtually all respondent groups oppose an increased rate of immigration, consider illegal immigration to be an important problem, support stricter enforcement of immigration laws, and believe that undocumented workers take jobs no one else wants. Half of the respondents identify illegal immigration as a regional rather than a personal problem. At the same time, the data suggest significant differences in both direction and intensity of attitudes between Mexican Americans of different generations, income, occupational levels, and region. There is general opposition to the requirement of a national identity card, but widespread support for penalizing employers of undocumented workers and for granting amnesty to undocumented workers. These findings allow an examination of the extent to which the Mexican American leadership, which has been overwhelmingly opposed to the Simpson-Mazzoli bill, accurately reflects the views of the Mexican American people. The leadership and the population at large agree on 2 of the 3 issues, amnesty and the national identity card, but disagree on employer sanctions. 1st, it may be that the leadership holds the kinds of jobs for which undocumented workers are unlikely to compete, so they may not feel threatened. 2nd, they may feel that instituting employer sanctions will create incentives for employers to discriminate in their hiring practices against all Latino-looking job applicants. Non-elite Mexican Americans who support employer sanctions may believe that the only way they can compete for jobs is to make it impossible for elites to be hired. Both groups appear to fear that, regardless of the specifics of immigration reform, Mexican Americans are likely to encounter increased discrimination in the job market.     

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.     

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.     

Impact of retirement type on income for people with disabilities

The purpose of this paper is to investigate the impact of involuntary retirement on the economic security of persons with a disability. Very little research examines the economic consequences to forced retirement and no research focuses on persons with disabilities who have a higher rate of involuntary retirement than the general population. Analysing the 2006 Canadian Participation and Activity Limitation Survey, we find that persons with a disability who involuntarily retire have lower median personal and household incomes and they are more likely to be under the low-income cut-off point than those who retire voluntarily. When socio-demographic, socio-economic and geographical characteristics are controlled; those who retired involuntarily are more likely to be under the low-income cut-off point than those whose retirement was voluntary. Further, those who retired involuntarily are more likely to receive disability benefits whereas those who retired voluntarily are more likely to receive retirement income. The authors argue for employers and governments to implement accommodation in the workplace and flexible employment opportunities so that more persons with disabilities are able to continue in their employment for as long as possible.     

Referrals and information flow in networks increase discrimination: A laboratory experiment

Referrals and information flow distort market mechanisms of hiring in the labor market, but they might assist employers under asymmetric information in finding better alternatives. This paper investigates whether an impartial information flow between employers in a cyclic network structure could generate more discrimination than when no information is exchanged between employers. We set up an artificial labor market in which there was no average quality difference between two categories of workers. We asked participants to play the role of employers and examined the partiality of their hiring choices. Results showed that discrimination was prevalent in all conditions. Higher standards by the employers for the quality of workers increased discrimination as did the presence of referrals from workers. Unexpectedly, impartial information flow in a cyclic network of employers did not help to decrease discrimination. We also showed that these mechanisms interact with and subdue each other in complex ways.     

Patterns in perceived employment discrimination for adults with multiple sclerosis

Using multiple correspondence analysis, data from the US Equal Employment Opportunity Commission (1992-2003) were examined for types and patterns of allegations of discrimination filed by adults with multiple sclerosis (MS) under Title I of the Americans with Disabilities Act (ADA). Women comprised the majority of the Charging Parties (n=687, 67%), and most of the Charging Parties were White (n=769, 76%). The total number of allegations studied (N=3,668) was divided into two datasets, specifically 1,142 occurring separately and 2,526 occurring as part of a multiple allegation set. The four most frequent allegations were related to discharge, reasonable accommodation, terms and conditions of employment, and harassment. Multiple correspondence analysis indicated that a 5 axis model was required to explain approximately 50% of the variance in allegation patterns, and no charging party or employer characteristics were related to the axes. Axis themes derived from perceived discrimination on the part of employers included threats to retention (2 axes), employer hostility, informal or formal employer actions, and barriers to career mobility. Results supported the need for rehabilitation counseling interventions to help adults with MS identify and address precipitants to discharge (involuntary termination) or constructive discharge (voluntary termination in response to an untenable work situation).     

Small employers and health benefits: findings from the 2000 Small Employer Health Benefits Survey

Many small employers (between two and 50 workers) are making decisions about whether to offer health benefits to their workers without being fully aware of the tax advantages that can make this benefit more affordable. Fifty-seven percent of small employers did not know that they can deduct 100 percent of their health insurance premiums. Nearly one-half of small employers are not aware that workers who purchase health insurance on their own generally cannot deduct 100 percent of their health insurance premiums. Small employers are largely unaware of the laws that have been enacted by nearly all states and the federal government with the intent of making health insurance more accessible and more affordable for many small employers. More than 60 percent did not know that insurers may not deny health insurance coverage to small employers even when the health status of their workers is poor. Most employers offer sound business reasons for offering health benefits to workers. Many have found that it helps with employee recruitment and retention, increases productivity, and reduces absenteeism. Nearly 50 percent of the employers offering dependent (family) coverage report that the workers do not take coverage for their dependents because the dependents have coverage from somewhere else. Twenty-seven percent report their employees decline dependent coverage because they cannot afford the premiums. Many small employers that do not offer health benefits are potential purchasers. Twelve percent are either extremely or very likely to start offering health benefits in the next two years, and 17 percent are somewhat likely to start offering health benefits. A number of factors would increase the likelihood that a small business would seriously consider offering a health benefits plan. Two-thirds of small-business owners said they would seriously consider offering health benefits if the government provided assistance with premiums. Almost one-half would consider doing so if insurance costs fell 10 percent. In addition, one-half would be more likely to seriously consider offering a health benefits plan if employees demand it. Many small employers with health benefits have recently switched health plans, and 34 percent report that they did so within the past year. Affordability for the employer and the worker is clearly a critical factor affecting the likelihood of switching health plans. Nearly all employers who have switched health plans within the past five years cite cost as the main reason. One-third of companies offering health benefits think they will change coverage, and 5 percent think they would drop coverage if the cost of health insurance were to increase by 5 percent.     

Lavender Faith

Abstract

Lavender Islands is the first strengths-based study of lesbian, gay and bisexual (LGB) persons in New Zealand. In total, 2,269 LGB participants responded questions in many domains, including spirituality and religion. This study found that women are more likely to believe in a spiritual force than men, and respondents 40 years of age and older are more likely than younger to believe in a spiritual force. Respondents did not believe that partners needed to share beliefs. Christians reported that their religious tradition was more a difficulty than a support than those with no religion. LGBs appear to be disaffiliating with Christianity at 2.37 times the rate of the general New Zealand population since 1966. LGBs reporting no religion experienced more support from their families for themselves and their partners than those who were raised Christian. Religious traditions had no effect on the ages that respondents first felt different from their childhood peers, or when they actually came out. Respondents reporting no religion were significantly happier with their sexual identity than Christian respondents. Social workers should be aware of and address these conflicts and challenges with LGBs they encounter in their practice settings. doi:10.1300/J377v26n03_04     

Direct Threat Issues in the Employment of Persons with Disabilities

Abstract

In the decade since initial implementation of the Americans with Disabilities Act in the United States, many questions have arisen pertaining to the rights of employers and employees in light of the employment of and services that must be provided to persons with disabilities. One of the most controversial aspects of the legislation is the issue of direct threat. This relates to the concern that workers or clients with disabilities may be a threat to others due to their condition. Integral to this fear is the employer's ability to protect persons within the work environment from such a threat, while remaining in compliance with the ADA. This paper considers the issue of direct threat and its pertinence to the social work profession, and provides recommendations for employers and supervisors in the field.     

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.     

Disabled persons’ job interview experiences: stories of discrimination,uncertainty and recognition

This paper explores disabled persons’ narrated experiences from job interviews. Based on interviews with employed disabled persons in the United States and Norway, the analysis investigates how the informants understand and deal with employers’ interpretations of disability. Three kinds of stories are identified: discrimination, uncertainty and recognition. In the first two stories, informants portrayed employers who used a non-inclusive discourse of disability. In the story of recognition, informants perceived employers to be primarily interested in their competence, and disability was dealt with in an inclusive manner. The comparison between American and Norwegian accounts reveals striking similarities in disabled persons’ narratives.     

Concealed Ownership: Americans’ Perceived Comfort Sharing Gun Ownership Status with Others

While much is known about how Americans feel about guns and gun control policy, less is known about how Americans perceive gun owners, or how gun owners and nonowners view themselves. The present study examines how comfortable individuals feel disclosing their gun ownership status with family, friends, coworkers, employers, doctors, teachers, police, and strangers. This article uses stigma theory as a guiding framework. Data were obtained from a nationwide survey conducted in February 2016 of more than 250 current gun owners and more than 250 nonowners. Analyses utilize ordered logistic regression. Findings show that whites, older Americans, and those with more pro-gun attitudes express more comfort sharing whether they own a gun. Respondents also indicate that familiarity with the individual requesting gun ownership information and concern over how that person might react are key factors that affect comfort with disclosure. Implications and directions for future research are discussed.     

Drivers of workplace discrimination against people with disabilities: the utility of Attribution Theory

The purpose of this paper was to determine what drives workplace discrimination against people with disabilities. These findings are then compared to available literature on attribution theory, which concerns itself with public perceptions of the controllability and stability of various impairments. The sample included 35,763 allegations of discriminations filed by people with disabilities under the employment provisions of the Americans with Disabilities Act. Group A included impairments deemed by Corrigan et al. [1988] to be uncontrollable but stable: visual impairment (representing 13% of the total allegations in this study), cancer (12%), cardiovascular disease (19%), and spinal cord injuries (5%). The controllable but unstable impairments in group B included depression (38%), schizophrenia (2%), alcohol and other drug abuse (4%), and HIV/AIDS (7%). The Equal Employment Opportunity Commission had resolved all allegations in terms of merit Resolutions (a positive finding of discrimination) and Resolutions without merit. Allegations of workplace discrimination were found to center mainly on hiring, discharge, harassment, and reasonable accommodation issues. Perceived workplace discrimination (as measured by allegations filed with EEOC) does occur at higher levels in Group B, especially when serious issues involving discharge and disability harassment are involved. With the glaring exception of HIV/AIDS, however, actual discrimination (as measured by EEOC merit Resolutions) occurs at higher levels for Group A.     

Constructing Deservingness

Abstract

This study examines the influence of financial incentives and the racial status of the patient on the use of extended care following an episode of hospitalization. Post-hospital care (PHC) is defined as the services provided by a skilled nursing facility (SNF) or intermediate care facility (ICF) following discharge. The focus of the analysis is on the use or nonuse of PHC, the presence or absence of a delay in transfer to an ICF or SNF and, limited to those who experienced a postponement, the length of the delayed discharge. After controlling for multiple factors, the results indicate that Medicare beneficiaries were more likely to use PHC, less likely to experience a delay in discharge, and used fewer days of prolonged care. Medicaid recipients and uninsured patients experienced reduced access to PHC. The results also indicated that the access of Native Americans and Americans to PHC was impeded.