ED478950 2003-00-00 Employment of

People with Disabilities. ERIC Digest.

ERIC Development Team

www.eric.ed.gov

Table of Contents

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Employment of People with Disabilities. ERIC Digest....................... 1

THE AMERICANS WITH DISABILITIES ACT............................. 2

WORKERS WITH DISABILITIES AND THE LABOR MARKET........ 3

DISCLOSURE OF DISABILITIES............................................ 4

WORKPLACE ACCOMMODATIONS....................................... 4

JOB MATCHING................................................................ 5

CONCLUSION.................................................................. 5

REFERENCES.................................................................. 5

ERIC Identifier: ED478950

Publication Date: 2003-00-00

Author: Wonacott, Michael E.

Source: ERIC Clearinghouse on Adult Career and Vocational Education Columbus OH.

Employment of People with Disabilities. ERIC

Digest.

THIS DIGEST WAS CREATED BY ERIC, THE EDUCATIONAL RESOURCES

INFORMATION CENTER. FOR MORE INFORMATION ABOUT ERIC, CONTACT

ACCESS ERIC 1-800-LET-ERIC

Successful employment remains a critical issue for people with disabilities, although

legislative mandates and a gradual change in attitudes across our culture have brought

ED478950 2003-00-00 Employment of People with Disabilities. ERIC Digest. Page 1 of 7
about some improvement. The Americans with Disabilities Act of 1990 has clarified the

legal rights of both individuals with disabilities and employers; at the same time,

however, both groups still face important issues in employment, such as the disclosure

of disabilities and the provision of reasonable workplace accommodations. Likewise,

successful employment experiences require a match between the skills of individuals

with disabilities and the skills needed for jobs.

THE AMERICANS WITH DISABILITIES ACT

Federal legislation addressing people with disabilities began with the National Civilian

Vocational Rehabilitation Act of 1920. The Americans with Disabilities Act (ADA) of

1990 prohibited discrimination and mandated accommodations in multiple dimensions

of the lives of people with disabilities (Hotchkiss 2003). ADA holds all companies with

15 or more employees to a single standard in the employment and accommodation of

workers with disabilities (Schall 1998). A "triple standard" of qualification under ADA is

intended to balance the interests of both individuals and employers: whether the

individual can perform (1) the ESSENTIAL FUNCTIONS of the job with (2) a

REASONABLE ACCOMMODATION and without causing (3) UNDUE HARDSHIP to the

employer. The ADA defines terms as follows (Latham and Latham 1997):

* Disability: physical or mental impairment that substantially limits one or more major life

activities of the individual

* Qualified Individual with a Disability: person who meets legitimate skill, experience,

education, or other requirements of an employment position held or sought and who can

perform the position's essential functions with or without reasonable accommodation

* Reasonable Accommodation: any modification or adjustment to the work environment

or job that will enable a qualified job seeker or job holder with a disability to apply or to

perform essential functions; includes adjustments to ensure a qualified individual has

equal rights and privileges

* Essential Function: a function that is necessary for the performance of the job

* Nonessential Function: a function that may be marginal, modified, eliminated,

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transferred, or reassigned

Under ADA, individuals are considered disabled if they have a disability, have a record

of impairment, or are regarded as having an impairment. Major life activities are things

an average person can do with little or no problem (e.g., walking, speaking, working,

learning). Covered employment practices include recruitment, hiring, training, pay,

benefits, promotions, leave, job layoffs, and firing.

WORKERS WITH DISABILITIES AND THE

LABOR MARKET

Hotchkiss (2003) analyzed Current Population Survey data to investigate the status of

disabled workers (i.e., workers with a disability as defined in ADA) in the labor market

10 years after the passage of ADA. She found that workers with disabilities, taken as a

group, were about 6 years older than other workers, worked about 4 fewer hours per

week, and were more likely to be single and less likely to have a college degree. Before

ADA, persons with disabilities were less likely to participate in the labor force or to be

employed. After ADA, the discrepancy increased; however, controlling for labor force

participation, the relative employment rates of persons with and without disabilities

remained constant. Workers with disabilities were more likely than other workers to be

employed in large firms. Although wages among all workers with disabilities, as a group,

declined in comparison to those of other workers, the wages of ADA-covered workers

with disabilities did not experience such a decline. Part-time employment increased for

workers with disabilities, primarily due to an increase in voluntary part-time employment,

especially among workers with mental disorders. Workers with disabilities continued to

be disproportionately represented in low-growth, low-wage occupations, although

somewhat less so than before the passage of ADA. Compared to other workers,

workers with disabilities were more likely to experience voluntary job separation and

less likely to experience involuntary separation and, on average, spent 3 weeks longer

in job searches.

Rojewski (1999) analyzed 1996 data from the National Education Longitudinal

Study:1988 on 11,178 participants 2 years after high school completion, including 441

young adults with learning disabilities (LD) and 10,737 without. LD participants had

lower graduation rates, aspired to less prestigious occupations, were less likely to be

enrolled in postsecondary education, and were more likely to be employed. Disabilities

were associated with lower rates of working or being in the labor force but not with lower

postsecondary participation--high educational aspirations in grade 12 and completion of

an academic or college prep high school program were both predictors of 2-year

postsecondary status for all students; disabilities were not. Similarly, Goldstein, Murray,

and Edgar (1998) conducted annual telephone interviews over 5 consecutive years to

gather post-high-school status information on earnings and hours worked per week of

graduates with and without LD from three large midwestern U.S. school districts. In the

first 5 years following graduation, graduates with LD had higher annual earnings and

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ED478950 2003-00-00 Employment of People with Disabilities. ERIC Digest. Page 3 of 7
worked more hours per week, whereas the reverse was true in the second 5 years after

graduation--presumably reflecting the higher likelihood that those without disabilities

were more likely to participate in postsecondary education immediately or soon after

high school. In addition, students with LD were less likely to participate in any form of

postsecondary education or to have graduated from any postsecondary program 10

years after graduation (Murray et al. 2000). However, that lesser likelihood did not seem

to matter much: there was little relationship between the postsecondary education

status of students with LD and either their employment or their earnings.

DISCLOSURE OF DISABILITIES

Under ADA, it is the individual's right to choose when or even whether to disclose his or

her disability or any related information; however, employers cannot be expected to

provide reasonable accommodation for a disability that has not been disclosed (Payne

1997). Kerner and Kucinski (1998) advised disclosure of disability before an interview

only when the disability required accommodation for the interview itself and disclosure

only after a job offer was received when accommodation is required for performance of

essential job functions. ADA prohibits employers from asking about disabilities before

employment, although they may ask for medical information and information on

qualifications (Colorado Career Web 2001). Employers can request a preemployment

medical examination after making a conditional job offer to the applicant--if all applicants

are subject to the same examination. Job seekers were advised to script and rehearse

disclosure of disability, minimizing medical terms, omitting their history of medical

treatment, and describing the disability briefly with stress on strengths and willingness to

improve and ability to perform with or without accommodations.

WORKPLACE ACCOMMODATIONS

Reasonable accommodations for workers with disabilities can range from simple to

complex and cheap to expensive (Colorado Career Web 2001; Kramer 2001; Latham

and Latham 1997; Payne 1997); accommodations allow the worker with disabilities to

perform the essential functions of the job and hence depend on the worker's disability

and its effect on performance of essential job functions. Accommodations may include

providing written, step-by-step instructions for job tasks; flexible work and leave

schedules; rearrangement of work stations for accessibility; alternative keyboards, voice

recognition software, and mobility or ergonomic assistive devices. A wealth of

information on reasonable accommodations is available at three websites, among other

sources:

* The Job Accommodation Network http://www.jan.wvu.edu is a free service offered by

the Office of Disability Employment Policy of the U.S. Department of Labor that provides

information and consulting on job accommodations, self-employment and small

business opportunities, and related subjects to employers, people with disabilities, and

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Page 4 of 7 ED478950 2003-00-00 Employment of People with Disabilities. ERIC Digest.
others.

* The Office of Disability Employment Policy of the U.S. Department of Labor provides

fact sheets and other publications <http://www.dol.gov/odep/pubs/publicat.htm> on a

range of employment issues for people with disabilities, including job accommodations.

* DisabilityInfo.Gov http://www.disabilityinfo.gov/employment is a comprehensive federal

website of disability-related government resources; it provides information on job

accommodations and identifies resources for technical assistance.

JOB MATCHING

A recurring theme in employment of people with disabilities is the need to match the

individual's skills with employer needs. Describing the Marriott Foundation's

"Bridges...from School to Work" program, Donovan and Tilson (1998) reported that

successful employment outcomes depended on the synergy of matching needs with

capabilities, with the employer's needs coming first. Hotchkiss (2003) theorized that

workers with disabilities and employers may both put greater effort into matching worker

skills with job requirements; Hotchkiss called for strengthened mechanisms to help both

groups find appropriate matches between jobs and skills. Similar matching of

individuals' skills and interests with appropriate jobs was a feature of an exemplary

school-to-work program (PROJECT FORWARD 1997), and Rademacher and Taymans

(1998) described how environmental supports can increase the match between the

skills of adults with LD and jobs. Hughes and Kingsford (1997) advocated work

sampling, a form of occupational exploration in which individuals with disabilities receive

brief exposure to different jobs, both to identify individuals' skills and to help them

identify appropriate jobs.

CONCLUSION

With its definitions of individuals' and employers' rights and obligations, ADA is not only

a mandate but also a statement of our moral and ethical values as a culture (Hotchkiss

2003). However, individuals with disabilities continue to enjoy less positive employment

experiences overall than their peers. Persons with disabilities and employers must apply

ADA's "triple standard" of reasonable accommodations for performing essential job

functions without undue hardship in practice to find individuals that match jobs and jobs

that match individuals.

REFERENCES

Colorado Career Web. A JOB-HUNTING GUIDE FOR COLORADO CITIZENS WITH

ERIC Resource Center www.eric.ed.gov

ED478950 2003-00-00 Employment of People with Disabilities. ERIC Digest. Page 5 of 7
DISABILITIES. Denver: CCW, Community Colleges of Colorado, 2001. (ED 462 595)

http://www.coloradocareer.net/Disabilities.pdf

Donovan, M. R., and Tilson, G. P., Jr. "The Marriott Foundation's 'Bridges...from School

to Work' Program--A Framework for Successful Employment Outcomes for People with

Disabilities." JOURNAL OF VOCATIONAL REHABILITATION 10, no. 1 (February

1998): 15-21.

Goldstein, D. E.; Murray, C.; and Edgar, E. "Employment Earnings and Hours of High

School Graduates with Learning Disabilities through the First Decade after Graduation."

LEARNING DISABILITIES RESEARCH & PRACTICE 13, no. 1 (1998): 53-64.

Hotchkiss, J. L. THE LABOR MARKET EXPERIENCE OF WORKERS WITH

DISABILITIES: THE ADA AND BEYOND. Kalamazoo, MI: W. E. Upjohn Institute for

Employment Research, 2003.

Hughes, M., and Kingsford, M. A REAL JOB-WITH PROSPECTS: SUPPORTED

EMPLOYMENT POSSIBILITIES FOR ADULTS WITH LEARNING DIFFICULTIES AND

DISABILITIES. FEDA PAPER. London, UK: Further Education Development Agency,

1997. (ED 406 551)

Kerner, T., and Kucinski, C. QUICK RESULTS IN YOUR JOB SEARCH: A JOB

SEARCH MANUAL FOR PROSPECTIVE AND RECENT GRADUATES WITH AND

WITHOUT DISABILITIES. Springfield, MA: Office of Disability Services, Springfield

Technical Community College, 1998. (ED 432 112)

Kramer, F. D. SCREENING AND ASSESSMENT FOR PHYSICAL AND MENTAL

HEALTH ISSUES THAT IMPACT TANF RECIPIENTS' ABILITY TO WORK. ISSUE

NOTES 5, NO. 3. Washington, DC: Welfare Information Network, February 2001. (ED

451 415) http://www.welfareinfo.org/physicalandmentalissuenote.htm

Latham, P. H., and Latham, P. S. "Legal Rights of Adults with Learning Disabilities in

Employment." In LEARNING DISABILITIES AND EMPLOYMENT, edited by P. J.

Gerber and D. S. Brown, pp. 39-55. Austin, TX: Pro-Ed, 1997. (ED 409 691)

Murray, C.; Goldstein, D. E.; Nourse, S.; and Edgar, E. "The Postsecondary School

Attendance and Completion Rates of High School Graduates with Learning Disabilities."

LEARNING DISABILITIES RESEARCH & PRACTICE 15, no. 3 (Summer 2000):

119-127.

Payne, N. "Job Accommodations: What Works and Why." IN LEARNING DISABILITIES

AND EMPLOYMENT, edited by P. J. Gerber and D. S. Brown, pp. 255-273. Austin, TX:

Pro-Ed, 1997. (ED 409 691)

PROJECT FORWARD: SCHOOL-TO-WORK OUTREACH PROJECT 1997.

EXEMPLARY MODEL/PRACTICE/STRATEGY. Minneapolis: Institute on Community

www.eric.ed.gov ERIC Custom Transformations Team

Page 6 of 7 ED478950 2003-00-00 Employment of People with Disabilities. ERIC Digest.
Integration, University of Minnesota, 1997. (ED 412 351)

Rademacher, J. A., and Taymans, J. "Issues in Working with Older Adults with Learning

Disabilities: Transitions at Any Age." JOURNAL FOR SPECIAL NEEDS EDUCATION

20, no. 3 (Spring 1998): 9-18.

Rojewski, J. W. "Occupational and Educational Aspirations and Attainment of Young

Adults with and without LD 2 Years after High School Completion." JOURNAL OF

LEARNING DISABILITIES 32, no. 6 (November-December 1999): 533-552.

Schall, C. M. "The Americans with Disabilities Act--Are We Keeping Our Promise? An

Analysis of the Effect of the ADA on the Employment of Persons with Disabilities."

JOURNAL OF VOCATIONAL REHABILITATION 10, no. 2 (April 1998): 191-203.

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This project has been funded at least in part with Federal funds from the U.S.

Department of Education under Contract No. ED-99-CO-0013. The content of this

publication does not necessarily reflect the views or policies of the U.S. Department of

Education nor does mention of trade names, commercial products, or organizations

imply endorsement by the U.S. Government. Digests may be freely reproduced.

Title: Employment of People with Disabilities. ERIC Digest.

Note: Digest number 247.

Document Type: Information Analyses---ERIC Information Analysis Products (IAPs)

(071); Information Analyses---ERIC Digests (Selected) in Full Text (073);

Available From: For full text: http://www.ericacve.org/pubs.asp.

Descriptors: Accessibility (for Disabled), Adult Education, Adults, Affirmative Action,

Assistive Technology, Disabilities, Disability Discrimination, Employment Patterns,

Employment Practices, Equal Opportunities (Jobs), Federal Legislation, Job Applicants,

Job Search Methods, Labor Legislation, Personnel Policy, Personnel Selection,

Physical Mobility, Salary Wage Differentials, Self Disclosure (Individuals)

Identifiers: Americans with Disabilities Act 1990, ERIC Digests

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