Career Service Needs of College Students With Disabilities

Students with disabilities at 2 midwestern universities were surveyed as to their use of campus career-related services, their behavior regarding disability disclosure and accommodations, and their knowledge of ADA (Americans With Disabilities Act, 1990) employment-related guidelines. The results indicate that most students with disabilities do not use existing career development and employment services on campus. Students frequently disclose their disability to a prospective employer; however, students are less likely to request accommodations on the job. These trends may be explained in part by the student's limited knowledge of their employment rights under the ADA.     

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.     

‘I nearly lost my work’: chance encounters,legal empowerment and the struggle for disability rights in Ghana

This article uses a case study from Ghana to argue that rights-based legal instruments are important but insufficient steps towards securing disability rights in non-western societies. Despite Ghana’s implementation of a Disability Act and ratification of the United Nations Convention on the Rights of Persons with Disabilities, a grassroots perspective shows that legislation and the model of legal empowerment will not automatically produce equal access to human rights. The paper will present this argument through a case study of an individual who became disabled in 2008 and struggled for four years to secure his rights to healthcare and employment. I also argue that the case has a wider significance for disability rights in Ghana and beyond.     

Barriers to employment as experienced by disabled people: a qualitative analysis in Calgary and Regina,Canada

Public policies stress greater inclusion of disabled people in the labour market and suggest ways to implement accommodative measures to these ends. Often missing from this literature is the experiences of disabled people in labour markets. This article reports results from a qualitative study conducted in 2005 and 2006 consisting of one‐to‐one and focus group interviews with 56 disabled individuals participating in employment training programmes in Calgary and Regina, Canada. Findings suggest the presence of workplace and employer discrimination and labelling as primary factors impeding respondents’ success in securing and maintaining employment in the labour market. The 56 respondents provide strong evidence that perceptions of disability have a greater impact on their inability to maintain and secure employment than does the lack of accommodative practices and measures in the workplace.     

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.     

Employment after spinal cord injury: the impact of government policies in Canada

The British Columbia Paraplegic Association (BCPA) sought a research partnership to evaluate where its activities should be focused. A survey of members with disabilities of the BCPA included questions on employment and identified three priorities related to employment. These were the need for assistance in finding appropriate work, the impact of policies of government and insurance agencies, and attitudes of employers. This paper examines the social and political environment related to employment following spinal cord injury in British Columbia, Canada. There is no coherent set of goals underlying government employment and income programs in Canada. Incremental development of particular employment and income programs during the 20th century led to a patchwork of policies and programs, which deal with people differently according to the cause of their disability. Federal and provincial governments have attempted to educate employers and reduce barriers to employment of those with disabilities by focusing on anti-discrimination legislation and individual rights (e.g. the Employment Equity Act and the Canadian Human Rights Act). However, people with disabilities face non-accommodating environments, inadequate income support, lack of opportunities and little political influence which stem from an unfair distribution of societal resources, not from discrimination. Joint efforts of the BCPA and other disability organizations are likely to have the most impact on legislative changes.     

Comprehensive career planning: The VCU Career Connections Program

Individuals with disabilities who complete post secondary education programs must be prepared to plan and direct their long-term careers. Despite recent legislation, students with disabilities exiting higher education continue to face obstacles such as negative employer attitudes, architectural barriers, and lack of necessary services and supports when attempting to access employment and pursue their careers. This article describes a comprehensive career-planning program designed to enhance employment opportunities for individuals with disabilities as they graduate from higher education.     

‘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.     

The Immigration Reform and Control Act of 1986: America amends its immigration law

This disucssion of the Immigration and Control act of 1986 covers legalization, employer sanctions, and foreign agricultural worker reforms. It also identifies other changes in immigration law. The Immigration Reform and Control Act of 1986 recognizes 4 types of aliens who are eligible to receive legalization benefits: those who have resided "continuously" in the US since January 1, 1982; those who have worked in US perishable crop agriculture for 90 "man-days" each year ending on May 1, 1984, May 1, 1985 and May 1, 1986 (special agricultural workers) or who have performed such labor for 90 man-days between only May 1, 1985 and May 1, 1986; those who have been in the US since before January 1, 1972; and those classified as "Cuban-Haitian entrants" and who have been in the US since January 1, 1982. Each legalization category has specific eligibility requirements, its own application procedures, and its own process for obtaining legal permanent resident status. The IRCA forbids employers from knowingly employing unauthorized aliens. For the 1st time in US immigration history, an employer would be punished for employing aliens without work authorization. An employer would be able to establish an "affirmative defense" in his or her behalf if the employer examined certain documents which appear to be genuine or the applicant was referred to him by a State employment agency which previously has verified the applicant's employment eligibility. If the employer is found to have violated the provisions, a cease and desist order will be issued with a civil penalty of between $250-2000 for each unauthorized alien for the 1st time the violation occurs, between $2000-5000 for each alien for the 2nd violation, and between $3000-10,000 for each alien for subsequent violations. The Act provides for criminal penalties for employers who engage in a "pattern or practice of violations." Employer sanctions will not be effective for 18 months following passage of the Act. The changes which the IRCA introduced in terms of foreign agricultural workers fall into 2 broad categories: a formula for recruiting foreign agricultural workers for permanent residence in the US beginning with 1990 (replenishment workers); and changes in the existing system of temporary foreign workers for agricultural work. Among other things, the Act also increases colonial quotas to 5000 from 600, offers special immigrant status to certain officers and employers of international organizations and their immediate family members; and offers nonimmigrant status for parents and children of aliens given spcial immigrant status.     

EVALUATING PENSION PORTABILITY REFORMS: THE TAX REFORM ACT OF 1986 AS A NATURAL EXPERIMENT ABSTRACT

This article exploits a change in the vesting rules for employer‐sponsored pension plans introduced by the Tax Reform Act of 1986 to identify the causal effect of pension portability legislation on workers' voluntary mobility decisions. We pool data from different years of the Survey of Income and Program Participation to estimate the impact of this reform using difference‐in‐differences methods. Our results suggest that the reform had a positive and significant impact on voluntary job mobility of the treatment group. (JEL J24, J44, J62, J63, J68)     

The Earnings and Employment Outcomes of the 2005 Cohort of Canadian Postsecondary Graduates with Disabilities

Canada's fear of future skill and labor shortages has brought youth with disabilities to the forefront of public policy. Many universities are now reporting that an increased proportion of their graduating students identify as having a disability, and as a result, educational achievement‐based programs designed to accommodate students’ needs are growing across campuses. Despite recent attention by policymakers on improving accessibility standards and increasing employer incentives, young Canadians with disabilities continue to face barriers in their transitions to the workforce. The nature and extent of the early workforce inequalities faced by postsecondary graduates with disabilities remains unclear. This paper draws on the 2005 cohort of Statistics Canada's National Graduates Survey to examine the early workforce outcomes of postsecondary graduates with disabilities. Contrary to theories of human capital, the results reveal significant earnings gaps between graduates with and without disabilities of various fields of study and levels of schooling. Further, graduates with a disability are even more disadvantaged in terms of securing employment, as they were significantly less likely to be employed full‐time, and were overrepresented among unemployed and part‐time workers across various fields of study and levels of postsecondary education.     

The ableism elephant in the academy: a study examining academia as informed by Australian scholars with lived experience

Abstract

The academy should be a welcoming environment for people with disability. Across Australia, however, there is a current shortage of programmes supporting people with disability to develop their careers as researchers. This article critically investigates current practice and experiences concerning universities and the employment and career development of people with disability as advised by the literature, and how this practice aligns with the lived experiences of several of our authors. Our review of the literature utilising Scopus, PsycINFO and ProQuest databases found a deficiency of research attention on this topic, with only 16 relevant articles identified. This paucity of literary evidence has been augmented in the article by personal stories shared by four of its authors. By focusing on evidence-based measures with potential to support disability employment and career pathways throughout universities in Australia and elsewhere, this article challenges leaders to address ableism and to advance a more inclusive academy.     

Disability management and functional capacity evaluations: A dynamic resource

Functional capacity evaluation (FCE), as an objective resource for disability managers, is an invaluable tool in the return to work process. Effective communication of expectations between the employee, employer, medical providers, disability management team, and the FCE provider contributes to enhancing the benefits of the FCE to all participants. Careful review of the results of the FCE as compared to the employee's other pertinent medical/functional information provides clarity for that person's rehabilitation goals and RTW potential. Finally, future opportunities and proactive uses for the FCE are shared.     

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).     

Re-authorization of the Rehabilitation Act: Comprehensive solutions or political satisficing?

The Americans with Disabilities Act (ADA) is widely hailed as a sweeping piece of civil rights legislation that will dramatically affect the lives of individuals with disabilities in the US for generations. In contrast, the re-authorisation of the Rehabilitation Act in 1992, and attempts to consolidate the rehabilitation programme for people with disabilities into a generic, consolidated employment system for the general public in 1995 brought only modest reforms. How does comprehensive reform get on the US political agenda? What factors were present during passage of the ADA that were not present during reauthorisation of the Rehabilitation Act? The author will use dominant political theories about policy making and agenda setting to answer these questions, and draw conclusions that will assist advocates in other countries in passing comprehensive civil rights legislation.     

The battle over SNS privacy for US employees and job applicants: an analysis of 2012–2013 state legislation

This study examines US legislation designed to prohibit employer access to employee and job applicant personal social networking sites (SNSs) between 2012 and 2013. It asks if the legislation addressed how employers could use SNSs in the hiring process by requesting SNS passwords, if there were consequences for violators, if employer retaliation was prohibited, if third-party access was allowed, if employee SNS monitoring was prohibited, if SNS friend requests by employers was allowed and if employer requested changes in privacy settings were prohibited. In addition, the study also examined the interest groups and political party-affiliated sponsors that were active in the creation of the legislation. The results discover important inconsistencies between the states’ legislation, which question the ability to protect worker and applicant online privacy. US policy recommendations and transnational implications follow.     

Regulation on Migrant Workers’ Employment in the Israeli Construction Sector

This article deals with a reform in the regulation on employment of migrant workers which was implemented in the Israeli construction industry from 2005. This corporations‐based arrangement replaced a restrictive employment arrangement which tied the employee to a specific employer. The new regulation of work conditions and wages, coupled with a significant reduction in the number of work permits issued to construction, has improved work conditions and wages paid to migrant workers, and made their employment less attractive to employers. The reform also included elements designed to reduce the illegal employment phenomenon and to encourage migrant workers to leave the country at the end of their contracts. However, the new arrangement still restricted the mobility of migrant workers to some extent and had negative consequences such as a significant rise in the broker fees demanded of workers.     

Creating Enforceable Civil Rights for Disabled Students in Higher Education: an institutional theory perspective

The Titles II and III of the Americans with Disabilities Act of 1990, building on the Section 504 of the Rehabilitation Act of 1973, have been relatively effective in securing enforceable civil rights for disabled students in higher education in the United States. In contrast, the Disability Discrimination Act of 1995 and any related previous pieces of legislation have persistently excluded these students in the United Kingdom, making, by default, any discrimination against them legal. However, the Government has started the legislative rule making process to include higher education under the new legislation, based on the final report of the Select Committee on Education and Employment of House of Commons and the final report of the Disability Rights Task Force. The paper argues that close examination of these reports as well as the Government's most recent consultation paper, 'Rights for Disabled People in Education', reveals a path which is unlike the path that followed during the rulemaking process leading to the Americans with Disabilities Act of 1990. In other words, it is likely that disabled students would continue to be subjected to potential discrimination despite the inclusion of higher education under the new proposed legislation and despite special disability funding provided to universities for disabled students. Disability civil rights advocates have an important role to play in the current rule-making process to create enforceable civil rights for disabled students in higher education.     

Legal aspects of exclusive representation: Ruminations on the private-public sector analogy

From the perspective of a management labor lawyer, this article argues that any legitimate theory of employment rights must be founded on the premise that employment is a voluntary relationship governed by mutual consent. In contrast, the erosion of the doctrine of at-will employment and the substitution of its legal antithesis, the tort of wrongful discharge, depend on a conception of employment rights as something the employee possesses at the employer’s expense, that is, without the employer’s consent. The theme of this article is that an employment right does not exist apart from contract. The government cannot violate an employment right unless it prevents a willing employee and a willing employer from making a contract concerning a proper subject on terms satisfactory to both. In public sector employment, the state is one of the parties to the employment contract. In most cases, a public employer cannot be “willing” if the same sovereign or polity has enacted conditions on public employment, that is, has placed limitations on itself. This article analyzes the legal aspects of exclusive union representation and related union security arrangements within this conceptual framework. Member, State Bar of California. Associate, Latham & Watkins, Los Angeles and San Diego. I wish to thank my colleague, Mark W. Smith, for his helpful suggestions and comments during the preparation of this paper. The views expressed here are solely those of the author.     

<Emphasis Type="Italic">Do jobs programs work?</Emphasis>: A review article

During the 109th Congress (2003–2004), policymakers in Washington plan to reauthorize the Workforce Investment Act of 1998, which is the primary authorization legislation for employment and training programs operated by the U.S. Department of Labor. The literature evaluating the effectiveness of federal employment and training programs casts considerable doubt on the ability of these programs to improve participants ' incomes. The policy debate is centered on procedural changes to the delivery of the same job training services that performed inadequately in the past. Thus, current reforms are hobbled by remnants of previously failed federal employment and tra in ing programs.