AJ MCDONALD MOLLY MOON KABAO XIONG Americans with Disabilities in the Workplace.
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Transcript of AJ MCDONALD MOLLY MOON KABAO XIONG Americans with Disabilities in the Workplace.
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 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
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