Analysis of Disability Discrimination
Disabilities often experience a variety of different types of discrimination at work. Discrimination can be found in housing, transportation, and other areas of society. One long-standing problem in the disability community is institutionalization, or the physical separation of people with disabilities from others. Although the landmark case Olmstead vs. L.C. ruled against unjustified segregation, many people with disabilities continue to live in institutional settings.
The number of people with disabilities who are employed has increased in recent years, especially among those who have functional and activity limitations. However, there is ongoing debate about the validity of studies that look only at the number of hours worked during the year. Moreover, the Bureau of Labor Statistics and the National Council on Disability are currently working on a new definition of disability that fits the ADA. These studies will help researchers better understand why some people with disabilities are discriminated against at work and how to combat it.
Various studies of disability discrimination disagree on the causes of the changes observed. Some use the work-limitation definition of disability and use temporal associations between the passage of the ADA and the implementation of Title I. Others use year-by-year analyses or simple pre-post analyses to show a causal relationship. Some studies found an overall decline in employment rates of people with disabilities while others showed no change at all. The debates about these factors go all the way back to the original data sets and study methods.
Cause Analysis of Disability Discrimination at Work
When evaluating disability discrimination, employers must consider the reasons for the decision and determine if reasonable accommodations are necessary. The EEOC has issued a series of enforcement guidances and guidelines regarding the use of pre-employment disability-related medical exams and other pre-employment medical examinations. These guidelines are designed to give people with disabilities equal opportunity to work in an environment. Reasonable accommodations are necessary for everyone to enjoy the same level of opportunity.
Under the ADA, employers are prohibited from discriminating against people with disabilities. This law prohibits employers from hiring individuals with disabilities without regard to their qualifications. If you are thinking about hiring people with disabilities, consider the ADA’s definition of disability. For example, if a company wants to hire a technology that will make transportation more accessible to disabled workers, that might violate the ADA. But if an employer is hiring a technology that doesn’t take into account the impact of their hiring practices, they may be violating the law.
Under the ADA, a student must have a significant impairment that substantially limits their major life activity to be protected under the act. A simple record of a disability does not trigger the protections of Section 504, which requires a free and appropriate public education. The Amendments Act clarified this definition and the requirements for reasonable accommodations and modifications. Nonetheless, discrimination against students with disabilities can still occur. The Amendments Act is a vital piece of legislation that addresses discrimination against people with disabilities.
