‘But I can do the job’: examining disability employment practice through human rights complaint cases

Natural data on the Australian Human Rights Commission’s website outlining the complaint cases generated from Disability Discrimination Act, 1992 (DDA) were used to examine the social construction of disability employment discrimination. Using a social model and human rights citizenship lens, some 987 complaint cases were analysed to assess the prevalence of disability discrimination in employment, and its relationship to the types of disability, gender, entity undertaking the actions and organisational context. Of all complaint cases across the Australian Human Rights Commission’s operations, by far the largest proportion involves disability discrimination. Within the disability discrimination complaint cases, employment makes up the greatest proportion of these cases. In examining the patterns of discrimination seven major themes emerged involving: distinctive patterns across disability type; access to premises; human resource mismanagement; selection of new employees; integration of assistive technology; perception of cost of disability inclusions; and inflexible organisational workplace practices. The discussion examines the underlying reasons for the emergent themes where employers misunderstood key legal concepts that underpin the DDA including: unjustifiable hardship; inherent requirements; reasonable adjustment; direct; and indirect discrimination. The paper concludes by discussing the implications of the findings as a way of understanding the social construction of disability discrimination in employment to signal ways to better develop inclusive organisational practice.     

Denied Citizens of Turkey: Experiences of Discrimination Among LGBT Individuals in Employment,Housing and Health Care

The purpose of this article is to explore experiences of discrimination against lesbian, gay, bisexual and trans (LGBT) individuals in three domains of social policies: employment, housing and health care — domains in which LGBT individuals are not openly recognized as equal citizens and anti‐discrimination legislation is absent in Turkey. Drawing on qualitative content analysis of the data collected from 14 focus group interviews with 139 LGBT individuals conducted in ten provinces of Turkey in the first half of 2014, this article sheds light on diverse forms of discrimination facing LGBT individuals in employment, housing and health care in a largely under‐researched country. The article concludes that the contemporary understanding of Turkish citizenship and its practice are rooted in heterosexist universalism that does not recognize LGBTs as equal citizens, which, in turn, leads to systematic breaches of LGBTs' social rights in employment, housing and health care. The article shows that even strong and universalistic social policies fail to serve LGBTs on an equal footing with other citizens unless equal citizenship rights of LGBTs and anti‐discrimination principles are recognized and realized.     

An overview of and comments on the Americans With Disabilities Act (ADA)

The authors overview the key components of the ADA in this article. A discussion is offered on why and how persons with disabilities are discriminated against. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented suggesting this federal agency is attempting to protect persons with disabilities against discrimination. Finally, the authors deal with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected.     

Australian Mandatory Retirement Challenged

Australia experienced declines in older workers' participation in the labor force similar to that of the United States during the 1970s, but it has taken more than 10 years to enact the same policy changes in age discrimination in employment. In order to promote a considered internationalism as opposed to parochialism in policy, this paper considers two questions about this case, namely, "Why did Australia take so long to change?" and "What has been learned from the North American experience?" On the first question, it is argued that Australians are beginning to move only slowly from a European view of retirement as leisure in "old age" towards the more active notions in North America and among its Asian neighbors. Elites in government are responding to a growing political consciousness among the seed seeking a new deal in rights of a access to work and other activities. On the second question, it is argued that the North American experience leads us to moderate strong claims about age discrimination and to be less optimistic about major improvements in older workers' participation arising from legislation outlawing age discrimination. This evidence has reduced the contentiousness of the issue in Australia and allowed focus on the more practical issues of how to make the legislation work to protect the rights of older people.     

An Overview of and Comments on the Americans with Disabilities Act (ADA)

Abstract

The authors overview the key components of the ADA in this article. A discussion is offered on why and how persons with disabilities are discriminated against. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented suggesting this federal agency is attempting to protect persons with disabilities against discrimination. Finally, the authors deal with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected.     

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.     

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.     

Discrimination of older workers in Germany: obstacles and options for the integration into employment

The employment prospects of older workers in Germany are widely endangered because of age discrimination. The main indicator concerning recruitment is that from the age of 45 on the difficulties in finding a new job rise extraordinarily and, accordingly, the duration of unemployment rises. Concerning further training, there is a lack of participation by older workers in vocational training and, additionally, they face numerous risks in the deterioration of their skills. Given the long-term implications of the aging labor force, employers must adapt their approaches to recruiting and training older workers to prevent a further loss of skills and know-how. A comprehensive strategy for integrating older workers and overcoming age barriers in employment is required. To promote recruitment, job-placement programs should be linked more closely to companies and public programs should be targeted to older unemployed workers. To promote further training of older workers, the workplace needs to create a learning environment, introduce a greater variety of tasks, and develop training schemes.     

The Declining Significance of Race in Federal Civil Rights Law: The Social Structure of Employment Discrimination Claims

We examine changes in the nature and rate of complaints filed with the federal Equal Employment Opportunity Commission (EEOC) in the past 35 years. The EEOC's role has shifted over this period from ensuring job access for racial minorities to providing diverse protections for a much broader class of incumbent workers. We first describe trends in discrimination complaints, most notably the shift from racial discrimination to other bases of discrimination, and develop a conceptual model of choice among socially structured alternatives to account for them. We then test the model with a time series analysis of changes in the complaint rate among different worker groups to evaluate the relative importance of legal, political, and socioeconomic determinants of civil rights complaints. Net of changes in the political climate, benefit compensation, inequality, and education levels, we find that legal changes and group-specific unemployment rates are the strongest and most consistent determinants of the rate of race, sex, and total discrimination complaints. Our results suggest that people will bear the costs of filing a complaint when legal options are relatively attractive and when employment options on the external labor market are unattractive.     

The Assisted Living Residence: A Vision for the Future by Stephen M. Golant and Joan Hyde (Eds.)

Abstract

The employment prospects of older workers in Germany are widely endangered because of age discrimination. The main indicator concerning recruitment is that from the age of 45 on the difficulties in finding a new job rise extraordinarily and, accordingly, the duration of unemployment rises. Concerning further training, there is a lack of participation by older workers in vocational training and, additionally, they face numerous risks in the deterioration of their skills. Given the long-term implications of the aging labor force, employers must adapt their approaches to recruiting and training older workers to prevent a further loss of skills and knowhow. A comprehensive strategy for integrating older workers and overcoming age barriers in employment is required. To promote recruitment, job-placement programs should be linked more closely to companies and public programs should be targeted to older unemployed workers. To promote further training of older workers, the workplace needs to create a learning environment, introduce a greater variety of tasks, and develop training schemes.     

The Effect of Migrant Children on Migrant Mothers' Employment

More and more migrant parents choose to bring their children with them to their migration destination in China. Here, the data reported by China's Health and Family Planning Commission in 2017 are used to examine the influence of migrant children on migrant mothers’ employment. The results showed that migrant children have a negative effect on mothers’ employment and reduce wages of mothers who are work. In addition, considering migrant children’s age, we find that as it increases the burden of childcare is lighter; the probability of mothers’ participation in the labour market and receiving a high wage is higher. Furthermore, in terms of mothers’ characteristics, older age and better education, having a spouse or parents who migrated, longer migration history and an across-provincial move have positive effects on migrant mothers’ employment.     

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.     

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.     

"REVERSE DISCRIMINATION" CASES IN THE FEDERAL COURTS: Legal Mobilization by a Countermovement

This article argues that those opposing affirmative action and reverse discrimination constitute a countermovement, working against the social movement for equal employment opportunity (EEO). Like women and minorities promoting EEO, opponents of reverse discrimination utilize litigation as a social movement tactic, mobilizing federal EEO laws. This study analyzes judicial decisions in EEO reverse discrimination cases between 1965 and 1985 to test four hypotheses about countermovement legal mobilization: that (1) many cases reach court, (2) plaintiffs are highly organized, (3) organization relates to success in court, (4) and plaintiffs win. Contrary to expectations, few reverse discrimination cases occur, and plaintiffs are not well-organized and usually lose; better-organized plaintiffs meet more success but there are few of them. The cases provide little evidence that reverse discrimination is widespread.     

Racial Discrimination and Human Rights in the Global Context: The International Convention on the Elimination of all Forms of Discrimination

This essay will discuss racism and racial discrimination by locating them within a context of international human rights. It is argued that conceptually racism and racial discrimination within an international human rights paradigm sharpens our understanding of these concepts from both a global and regional vantage point. The main idea is to provide a thematic and procedural overview of key international human rights instruments that address racial discrimination. It will situate racial discrimination in the context of international human rights and provide a critical discussion focused on the International Convention on the Elimination of All forms of Racial Discrimination (ICERD) and other human rights instruments that address racial discrimination.     

An Analysis of the Americans With Disabilities Act (ADA) in the Twenty-First Century

Abstract

In this paper, the author overviews the key components of the ADA. A discussion is offered on why and how persons with disabilities are discriminated against. The standard stereotypes often heard about persons with disabilities are offered. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented, suggesting this federal agency is attempting to protect persons with disabilities against discrimination. The final part of the paper deals with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected in the 21st century.     

Political elites and regulatory bureaucrats: a case study concerning age discrimination

In 1988, the U.S. Senate Special Committee on Aging held a hearing on effectiveness of the Equal Employment Opportunity Commission (EEOC) with regard to age discrimination cases. The Hearing reported that approximately 7,500 age-based claims had run the statute of limitations. The article analyzes the ideological context of regulation, first, by explaining the purpose, procedures, and effectiveness of the EEOC in enforcing the Age Discrimination in Employment Act. Secondly, the article analyzes the 1988 Senate Hearing, including background issues and immediate outcomes. Thirdly, it discusses what has happened since 1988 from the perspectives of political elites, regulatory bureaucrats, and interest-group members.     

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.     

The context of employment discrimination: interpreting the findings of a field experiment

Although field experiments have documented the contemporary relevance of discrimination in employment, theories developed to explain the dynamics of differential treatment cannot account for differences across organizational and institutional contexts. In this article, I address this shortcoming by presenting the main empirical findings from a multi‐method research project, in which a field experiment of ethnic discrimination in the Norwegian labour market was complemented with forty‐two in‐depth interviews with employers who were observed in the first stage of the study. While the experimental data support earlier findings in documenting that ethnic discrimination indeed takes place, the qualitative material suggests that theorizing in the field experiment literature have been too concerned with individual and intra‐psychic explanations. Discriminatory outcomes in employment processes seems to be more dependent on contextual factors such as the number of applications received, whether requirements are specified, and the degree to which recruitment procedures are formalized. I argue that different contexts of employment provide different opportunity structures for discrimination, a finding with important theoretical and methodological implications.     

Social constructions of fatness: legal proceedings in Canada as a case in point

This article uses reports of cases of Canadian legal processes to explore social constructions of fatness as disability, as well as illness, cultural aesthetic, and blame. The review of cases in Canadian human rights, civil, administrative, and employment law suggests that fatness has been constructed as a disability in Canadian law. This has led to favourable outcomes for fat persons seeking redress for discrimination. Illness, cultural aesthetic, and blame also surface as recurrent themes. To consider all four themes, a concept of mythopoeia – myth-making process – is introduced. This adds to models of social construction by focusing on where ‘un-reality’ is constructed in a non-hierarchical view of marginal identities. Fatness constructions/mythopoeia of disability, illness, cultural aesthetic, and blame overlap as well as diverge. This suggests that fatness may be an incomplete fit with current classifications in human rights law.