AJ MCDONALD

MOLLY MOON

KABAO XIONG

Americans with Disabilities in the Workplace

Americans with Disabilities Act

Americans with Disabilities Act (ADA)

First passed in 1990 by George HW Bush

Prohibits discrimination against qualified individuals with disabilities

Definition of disability: physical or mental impairment that limits one or more major life activity

Can perform the essential functions of the job with reasonable accommodations (if necessary)

Not to the point of undue hardship on the operation of the employer's business

www.eeoc.gov

Americans with Disabilities ActAmended in 2008

Changes effective January 1, 2009Deleted two instances in the ADA that restricted the

meaning and application of the definition of disabilityLaw expands that the new definition should be

implemented in favor of broad coverage to the maximum extent

Changes in evaluating what can be considered a disability Must consider condition without

accommodations, assistive technology or medication

Assessment must be in active state

www.eeoc.gov

Defining Disability

Major Life Activity

CARE: caring for oneselfPARTNERSHIP: performing mutual tasksSENSES/SUSTINENCE: seeing, hearing, eating,

sleeping,  breathingMOBILITY: walking, standing, lifting, bending, workingEXPRESSIVENESS: speaking, learning, communication INTELLECTUAL: reading, concentrating, thinkingMAJOR BODILY FUNCTIONS: immune system, normal

cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive function

www.eeoc.gov

Reasonable Accommodation& Undue Hardship

An action requiring significant difficulty or expense in light of the employer's:

sizefinancial resourcesnature and structure of operation

ConsiderationsAffect on other employeesWorkplace policies/special accommodationsExtent of restructuring Leave of absencePrivacy of individual with a disability 

www.eeoc.gov

Reasonable Accommodations

Undue Hardship

1. Changes to job application process

2. Changes to work environment and/or

modifying company policy/procedures

3. Job restructuring

4. Reassignment to vacant position

5. Reasonable time of leave

6. Use of additional resources to

complete work

1. Changes in required skills and abilities

for position

2. Modifications that affects other

workers' abilities/morale

3. Lowering the standard of work

4. Creating a new position

5. Leave of absence with no approximate

end date

6. Providing personal use items

Accommodations Covered by the ADA

www.eeoc.gov

Hiring and Employing Individuals with

Disabilities

Hiring Disabled Individuals

Even though the ADA was first signed into law in

1990,

in 2003 unemployment rates were relatively unchanged

Why are some organizations more willing than others to hire people with disabilities? “Identification and Characteristics of Work Environments and Employers Open to Hiring and Accommodating Workers with Disabilities”

-Gilbride, Vandergoot & Stensrud, 2003

Employer Characteristics

Categories of characteristics of employers willing to hire people with disabilities:  Cultural factors  Job match  Employer experience and support

Gilbride et al., 2003

Cultural Factors

Employers include people with disabilities with all workers and treat them equally. 

Employers welcome diversity; they are egalitarian and inclusive. 

Employers' management style is more personal and flexible.  Employers focus on a worker's performance, not his or her

disability.  Senior management expects and rewards diversity.  Employers are comfortable providing accommodations to all

their employees.  The organization provides "cafeteria style" benefits.

Gilbride et al., 2003

Most Prevalent Cultural Factors

Inclusion Employees' main concern is being included

"They include us in everything that they do. I mean we are included. We were having a Christmas party a couple of weeks ago, and they are including us in it. Everything they do we are included. We have staff meetings for, like, company meetings every month because how our production was the past month, how much scrap was there for the whole place, what new contracts were in, what old contracts were going out. They include us in everything. " - Gilbridge et al., 2003

Gilbride et al., 2003

Most Prevalent Cultural Factors

Equality  Employers focus on work performance rather than

the disability "I don't think they see the disabilities. They treat us like

we're--like you want to be treated, like a regular human being, and that's the way they treat us there. You know they don't see disabilities. They see our performance. As long as we perform to the best of our abilities, that's all they ask." – Employee

"I hire for attitude and train for skills. After that, the cost of accommodations is nothing. I want employees who will stay and do good work."  - Employer

Gilbride et al., 2003

Most Prevalent Cultural Factors

Diversity Employees are rewarded instead of punished for being

diverse A disability is just another form of being diverse

“It is the same thing with the ethnic part of it, and in the plant that I'm in there are a lot of people who are from different countries ... you know everybody helps each other out. Being disabled out there where I am, it doesn't really make any difference. ” -Employee

Job Match

Focus on individual's capabilities and effectively matches the worker with the job requirements

The employer obtains input from people with disabilities on their ability to perform job duties, and he or she includes people with disabilities in all accommodation discussions

Employer focuses on essential, rather than marginal, functions

Employer offers internships, and they often lead to jobs

Gilbride et al., 2003

Work Experience and Support

Employer has the ability to supervise a diverse workforce

The employer views the community rehabilitation program (or other rehabilitation agency) as a partner and as an on-going employment support resource

“I think what I could use the most is a point of contact, someone that I know I can pick up the phone and call and ask questions ... about reasonable accommodations ... the ADA, especially that, what it is we're expected to do, what's reasonable.” -Employer 

Gilbride et al., 2003

Workplace Attitudes

Workers’ Attitudes

Attitudes -beliefs, affective reactions, reasonableness of accommodation

Examine employees’ understanding of “disability” conditions and role of gender and experience in predicting attitudes

Findings: Employees unaware of what conditions are

legally considered a "disability" under ADA 1990 E.g. schizophrenia

Popovich et al. (2003)

Findings

Gender Women were more likely to believe in the

reasonableness work accommodationsExperience 

Experience with persons with disabilities was a predictor of positive attitudes

Previous work experience with employees with disability was not predictor of positive attitudes

Popovich et al. (2003)

Employers’ Attitudes

Factors that influence employers' attitudes  Size of organization Experience with employees with disability 

Employers do not quite understand which conditions are considered a disability

Lee, (2001)

CONCLUSION

Americans in the Workplace with

Disabilities

Importance in understanding ADA standards Necessity of 2008 revisions

Workplace environments can benefit from hiring well-placed disabled individuals Job match is a key component

There is still much disparity in understanding the definition of disability Experience with including

disabled individuals affects workplace attitudes