U.S. Employment Disability Discrimination Charges: 

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www.edi.cornell.edu. U.S. Employment Disability Discrimination Charges:  Implications for Disability Management Practice. Susanne M. Bruyère Sarah von Schrader Cornell University and Wendy Coduti Michigan State University IFDMRN-GLADNET Researchers Network September 18, 2010. - PowerPoint PPT Presentation

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    U.S. Employment Disability Discrimination Charges: Implications for Disability Management Practice

    Susanne M. BruyreSarah von Schrader Cornell UniversityandWendy CodutiMichigan State University

    IFDMRN-GLADNET Researchers NetworkSeptember 18, 2010Advancing the World of Work

  • Funding Acknowledgement

    *U.S. Department of Education National Institute of Disability and Rehabilitation Research (NIDRR)Field-Initiated Research Project (FIR) on Using the U.S. Equal Employment Opportunity Commission (EEOC) Employment Discrimination Charge Data System for Research and Dissemination Purposes (Grant No. H133G040265) Rehabilitation Research and Training Center (RRTC) on Employment Policy for Persons with Disabilities (Grant No. H133B040013)

  • *Presentation OverviewOverview of the problemContinuing economic disparitiesContinuing employment disability discrimination Analysis of U.S. EEOC Charge DataWhere charges of discrimination are occurringWith which types of disabilitiesEmployer characteristicsIntersection of disability and employment processImplications for effective disability management

  • Economic Disparities

    In 2008, 39.5 percent people with a disability were employed, compared to 79.9 percent for those without disabilities. The median annual household income of households that include any working age people with a disability in 2008 was $ 39,600, compared to $ 61,200 for households that do not have any person with disability. In 2008, 25.3 percent of U.S. persons with a disability in the United States were living below the poverty line, compared to 9.6 of those without disabilities

    (Erickson, Lee, & Von Schrader, 2010)

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  • Need to Examine Workplace

    Charges of discrimination continue to occurWith an aging workforce, need is increasingOther emerging populations of concern in return to work process (e.g. Veterans with mental health and traumatic brain injury disorders)Recognition of the importance of workplace culture, social capital, and employee engagementDisability management as a facilitator for change*

  • U.S. EEOC Charge DataMust have an Intergovernmental Personnel Act Agreement with the U.S. EEOC to access the dataAll employment discrimination charges from 1993 2007 with a focus on the ADA/disability charges462,956 charges filed under ADA alone or jointly Includes the basis (trait upon which discrimination is based) and issue (discriminatory behaviour)Includes characteristics of the charging party (age, sex, and race), employer (Standard Industry Code and size of the firm), case-specific details *

  • Charges by Statute per 10,000 People in the Labor Force with Protected Class Characteristics, 1993-2007*

  • ResultsEmployment disability discrimination charges trends over timeMost often cited impairments where charges occurMost often cited employment processes Business size and industry findingsImpairments crossed w/ employment processes*

  • Employment Disability Discrimination Charges Trends Over Time*

  • ADA Charges Over time By Age Group*

  • ADA Charging Party Age Distribution*

  • ADA Charges Over time by Sex*

  • Charges Across Employer Size*

  • Charges by Employer Size (select issues)*

  • Most Often Cited Industries*

  • Impairments Most Often Cited in Charges*

  • Employment Processes Most Often Cited*

  • Joint Filings (ADA and other Statutes) *

  • Impairments Crossed w/ Employment Processes*

    Number of chargesPercent of charges citing termination Percent of charges citing reasonable accommodationAll Charges462,95662.724.7Impairment: Behavioral 74,849 67.124.4Impairment: Medical 81,552 66.027.5Impairment: Neurological 24,911 64.129.4Impairment: Non-specific 142,540 60.823.3Impairment: Orthopedic 93,254 63.436.9Impairment: Sensory 26,530 52.725.1Retaliation 60,707 56.529.4Regarded as Disabled 45,501 65.515.2

  • Implications for Disability Management Educate Employers Costs associated not addressing age related disability in the workplace Legal costs, health care costs, disability insurance (LTD, STD), workers compensation Dont have to be a cost of doing business More accessible/cost effective resources small employers (> 100 employees) Buy in from top (culture change top down)

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  • Implications for Disability Management (cont) Educate Employers Get employers to take care of employees they disable = increased employment opportunities other PWD Where to find Veterans seeking employment Myths/benefits hiring and retaining older workersPotential upcoming worker shortage Common accommodations age related impairments Benefits of prevention and wellness in the workplace*

  • Implications for Disability Management (cont) Who is going to do this? Who will bring this information/education to employers? Know addition Level III DM Evidence based practice in absence mgmt, presenteeism, integrated benefits, health/wellness programs (Rosenthal et al, 2007) Where/how will this be taught to those doing DM? Dissertation findings = Not in RC, yet*Rosenthal, D.A., Hursh, N., Lui, J., Isom, R., & Sasson, J. (2007). A survey of current disability management practice: Emerging trends and implications for certification. Rehabilitation Counseling Bulletin, 50(2), 76-86.

  • Implications for Disability Management (cont) How are we going to do this? More DM/Employer specific training in RC programs More DM & disability awareness courses in HR programs and for HR professionals Training aging workforce for employers and current DM/HR practitioners Training empirical based practices/interventionsShow me the money*

  • For Further Information USEEOC Charge Data Statisticshttp://www.eeoc.gov/eeoc/statistics/enforcement/ada.cfm

    The Authors:Susanne Bruyere smb23@cornell.eduSarah von Schrader sv282@cornell.eduWendy Coduti coduti@msu.edu

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