Skip to main content

Currently Skimming:

Appendix E The Employment Discrimination Provisions of the Americans with Disabilities Act: Implementation and Impact
Pages 453-477

The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.


From page 453...
... It covered private employers and service providers and not just public and publicly funded ones (Miller, 1998)
From page 454...
...  THE FUTURE OF DISABILITY IN AMERICA fect "not just persons with disabilities and persons charged with respecting and enforcing human rights, but virtually every segment of our society -- all Americans" (Gostin and Beyer, 1993.
From page 455...
... "Reasonable accommodations" are defined in Title I as changes to the work environment or process that allow a person with a disability to enjoy equal employment opportunity; they include making facilities accessible, restructuring jobs, modifying work schedules, reassigning the worker to a more suitable position if one is available, and modifying equipment or devices. An accommodation is not considered reasonable if it creates an undue burden for the employer.
From page 456...
...  THE FUTURE OF DISABILITY IN AMERICA or an equivalent state or local human rights agency. Later, they may file a lawsuit, but only after they have received a "right-to-sue letter" from the agency.
From page 457...
... . Disagreement about the validity of studies based on a work-limitation definition of disability persists, even as the Bureau of Labor Statistics works to craft a new definition more compatible with the ADA for use in the CPS (Burkhauser et al., 2002; McMenamin et al., 2006; National Council on Disability, 2004a)
From page 458...
... or the effective date (1992) of the ADA's Title I and employment changes to prove causation.
From page 459...
...  APPENDIX E with disabilities under age 40 years. Moon and Shin also found a decline in the logarithm of the real wages of men with disabilities of 5.3 percent relative to that of men without disabilities, although it was significant only at the 0.1 level.
From page 460...
... . Employer Practices and Attitudes The ADA requires employers to eliminate discriminatory practices and promote equal opportunity by making reasonable accommodations for workers with disabilities.
From page 461...
... In a 1998 survey of human resource managers, 72 percent reported that their companies had formal procedures for requesting reasonable accommodations and presenting grievances (Bruyere, 2000)
From page 462...
... . The ADA requires a large number of changes in routine procedures that can also be used to mark employer compliance.
From page 463...
...  APPENDIX E about medical examinations and medical histories. As with the provision of reasonable accommodations after a disabled individual is hired, employers were much more likely to make what they reported to be "easy" changes, like ensuring physical accessibility in the interview site, than to take on communication barriers.
From page 464...
...  THE FUTURE OF DISABILITY IN AMERICA People often use a language of rights to define their social goals and position, and disadvantaged groups and their advocates often see the defining of rights as a policy solution to social problems. At the same time, research has consistently shown that Americans are loathe to sue (Felstiner et al., 19801981; Galanter, 1983)
From page 465...
... Supreme Court has led the federal courts in interpreting Title I narrowly (National Council on Disability, 2004b)
From page 466...
... In older cases under the Rehabilitation Act, the Supreme Court attributed this prong to Congress's concern with protecting the disabled against discrimination stemming not only from simple prejudice but also from "archaic attitudes and laws" and from "the fact that the American people are simply unfamiliar with and insensitive to the difficulties confront[ing] individuals with handicaps" (School Board of Nassau County .
From page 467...
... here are extensive examples of situations in the case law in which plaintiffs have been fired, refused employment, or otherwise disadvantaged in the workplace because of their actual or perceived impairments but have been unable to bring ADA actions because they could not meet what one federal court of appeals called the ‘weighty showing' of demonstrating that they would be precluded from a class or broad range of jobs" (National Council on Disability, 2004b)
From page 468...
...  THE FUTURE OF DISABILITY IN AMERICA Lower Court Decisions: Few Plaintiff Victories The effect of narrowing U.S. Supreme Court and courts of appeals rulings can clearly be seen in the outcomes of reported ADA cases.
From page 469...
...  APPENDIX E do as well as plaintiffs in other civil rights cases supports the view that the narrow definition of disability is the main doctrinal factor driving the low success rate for plaintiffs. The study of Moss et al.
From page 470...
... 0 THE FUTURE OF DISABILITY IN AMERICA (Moss et al., 2001; U.S. Government Accountability Office, 2005)
From page 471...
... 1 APPENDIX E or wage increases) were $19,500 for represented parties, whereas they were $16,200 for individuals without attorneys.
From page 472...
... 2 THE FUTURE OF DISABILITY IN AMERICA elements of national disability policy. Expansion of eligibility for federal Social Security programs2 made it easier for marginally employable people to get income and health benefits, a phenomenon that some believe was the main driver of the declining employment rates among the disabled in the 1990s (Stapleton and Burkhauser, 2003)
From page 473...
... 29, 1975) (now called the Individuals with Disabilities Education Act and codified at 20 U.S.C.
From page 474...
... Pp. 19–50 in Employ ment, Disability, and the Americans with Disabilities Act: Issues in Law, Public Policy, and Research, edited by P
From page 475...
... 2000. The Wage and Employment Effects of the Americans with Disabilities Act.
From page 476...
... National Council on Disability, Washington, DC. Parry, J.W.
From page 477...
... 2000. "Models of Disability and the Americans with Disabilities Act." Berkeley Journal Of Employment & Labor Law 21:213–222.


This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More information on Chapter Skim is available.