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Identity and Disability in the Workplace

INTRODUCTION AND OVERVIEW It is estimated that 19.3% of Americans are people with disabilities, or approximately one in every seven of us. (1) Individuals with disabilities are less likely to be employed when compared to their nondisabled peers. (2) This represents a significant loss to both private and public sector organizations, of willing and able talent, as well as a loss of income and social and economic participation for people with disabilities. Individuals with disabilities continue to experience low levels of employment, even though it has been more than a decade since Congress passed the Americans with Disabilities Act of 1990 (ADA) prohibiting disability discrimination. (3) According to a recent study using the Census Bureau's Current Population Survey (CPS) for working-age civilians in 1999, 34% of men and 33% of women with work disabilities were employed during 1999, compared to 95% of men and 82% of women without work disabilities. (4) Men and women with disabilities also worked approximately one-third fewer hours on average than those without disabilities. (5) This disparity is a function of inequities in social policy, access to education, training, and employment, as well as society's attitudes toward people with disabilities. To illustrate this disparity pictorially, Figure 1 presents the relative employment rate of men with disabilities as compared to their nondisabled peers on a state-by-state basis. (6) "The relative employment rate is the employment of those with a disability as a percentage of the employment rate of those without disabilities." (7) The larger the number is, "the closer the employment rates to those without disabilities." (8) [FIGURE 1 OMITTED] The purpose of this Article is to examine and discuss factors within the workplace that may affect the ability of individuals with disabilities to access and retain employment. The analysis is based on findings from a Cornell University study of human resource professionals in both the private and federal sectors. (9) Part I provides an overview of the study, discusses selected key findings about remaining barriers, and provides implications for needed future workplace interventions based on the survey responses. Part II reviews selected literature addressing the workplace issues identified in the study. Part III examines some of the concepts and possible solutions regarding workplace discrimination and responses to the accommodation needs of applicants and workers with disabilities. In conclusion, we discuss where further research is needed to address remaining employment inequities for people with disabilities. I. PERCEPTIONS OF HUMAN RESOURCE PROFESSIONALS ABOUT ACCOMMODATING PERSONS WITH DISABILITIES--THE CORNELL STUDY A. Background of the Study Two parallel ten-page surveys were distributed to a random sample of the membership of the Society for Human Resource Management (SHRM), the entire membership of the Washington Business Group on Health (WBGH), and the Human Resource (HR) and Equal Employment Opportunity (EEO) personnel in federal agencies. (10) The surveys covered some of the employment provisions of the ADA and, for federal sector organizations, the Rehabilitation Act of 1973 as amended. (11) The surveys included items covering the reasonable accommodation process; recruitment, pre-employment screening, testing, and new employee orientation; health and other benefits of employment; opportunities for promotion/training; disciplinary process/grievance, dismissal or termination; interaction with labor/industrial/collective bargaining issues and other employment legislation; personnel training on the ADA and the Rehabilitation Act; resources used and found most helpful in handling disability nondiscrimination and accommodation disputes; and the role of disability management programs in contributing to the accommodation process and workplace acceptance of employees with disabilities. …