The influence of trade union Disability Champions on employer disability policy and practice

Disability Champions are a new type of lay workplace trade union activist, whose role is to encourage employers to audit and improve disability policies and offer independent advice and guidance on disability issues to employees. Drawing on a survey of the population of Disability Champions, this article assesses Disability Champion influence on employer disability policy and practice. While the majority of Disability Champions report having had a positive impact, they report greater influence on employer willingness to conduct disability audits and to amend and improve employer equal opportunities practices with regard to disability than employer willingness to make reasonable adjustments. The analysis also identifies several factors that are likely to be important in improving Disability Champion effectiveness. Overall, the results suggest Disability Champions have the potential to enhance the ability of unions to represent disabled people and help manage disability issues within the workplace. The article makes a theoretical contribution to Disability Champion roles by further developing the ‘Activity‐Support‐Characteristic’ framework for the antecedents of new union representatives' effectiveness.     

In Sickness and in Health: Implications for Employers when Bipolar Disorders are Protected Disabilities

This paper explores the potential conflict between employment protections afforded to individuals with bipolar disorder, and employers’ obligations to maintain a safe working environment for others in the workplace. Both the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAA) provide workplace protections to those employees or applicants who are classified as qualified individuals with a disability. A disability is “a substantial impairment—a physical or mental impairment—in a major life activity that would substantially limit that major life activity.” ( 42 U.S.C. §§ 12102(1)(A)-(C)), and “mental impairment” is defined to include individuals with bipolar disorder (42 U.S.C. § 1630.2(h)(2)). These statutes further impose a requirement on employers to make reasonable accommodations for such individuals. In essence, they protect the bipolar employee from any discrimination in the workplace based on their disability, to include harassment by coworkers. However, employers may find themselves caught on the horns of a dilemma. Depending on the nature and severity of the bipolar employee’s conduct toward coworkers, they may also be exposed to liability for harm done to coworkers under negligent retention laws, or even the anti-harassment provisions of other equal employment statutes. If a bipolar employee’s negative behaviors toward coworkers are sufficiently severe or pervasive, they can result in coworkers suffering harassment sufficient to constitute actionable conduct under the ADA. To reduce exposure to litigation, employers must understand both their obligations under the ADA, and the nature of bipolar disorder.     

Perceptions of Discrimination and Justice Among Employees with Disabilities

Despite the passage of almost two decades since the enactment of the Americans With Disabilities Act in the United States, individuals with disabilities are still underrepresented in the workforce, tend to hold lower status jobs, and receive lower wages. This study examines whether disabled workers also continue to encounter more negative workplace experiences in terms of discrimination and injustice. A sample of 1,880 employees of a large university, including 90 self-identified disabled individuals completed a work experience survey. Analyses indicate that disabled employees reported more overt and subtle discrimination and more procedural injustice than their non-disabled counterparts. Examination by the type of disability also revealed that those with non-physical disabilities reported more negative experiences than employees with physical disabilities. Perceived organizational and supervisory support were shown to have promise in reducing the effects of disability status on workplace attitudes and perceptions.     

Regulating employment relations through workplace learning: a study of small employers

Using data from two employer samples, the article develops our understanding of small business employee skill formation and development processes in three main ways. First, it focuses on learning (what employees do) rather than on providing training (what employers do), as it is employee learning which influences individual and organisational performance. Second, it challenges the dominant focus on external training by presenting data on employer enablement of workplace employee learning and their motives for this. The diversity of workplace learning practices and their importance in smaller businesses are highlighted. Third, it situates workplace learning processes firmly within the context of the employment relationship, one in which employers and employees pursue distinctive interests in enabling/participating in learning.     

Accommodating Employees With and Without Disabilities

Efforts to recruit and retain employees with disabilities are often tempered by employers’ concerns over potential workplace accommodation costs. This study reports on accommodations requested and granted in intensive case studies of eight companies, based on more than 5,000 employee and manager surveys, and interviews and focus groups with 128 managers and employees with disabilities. Two unique contributions are that we analyze accommodations for employees without disabilities as well as for those with disabilities, and compare perspectives on accommodation costs and benefits among employees, their coworkers, and their managers. We find people with disabilities are more likely than those without disabilities to request accommodations, but the types of accommodations requested and the reported costs and benefits are similar for disability and non‐disability accommodations. In particular, fears of high accommodation costs and negative reactions of coworkers are not realized; all groups tend to report generally positive coworker reactions. Multilevel models indicate granting accommodations has positive spillover effects on attitudes of coworkers, as well as a positive effect on attitudes of requesting employees, but only when coworkers are supportive. Consistent with recent theorizing and other studies, our results suggest the benefits from a corporate culture of flexibility and attention to the individualized needs of employees. © 2014 Wiley Periodicals, Inc.     

Perceptions of On- The-Job Discrimination and Employees With Disabilities

This study examines factors that predict perceptions of workplace discrimination by employees with disabilities. Individual level variables are combined with organizational level variables in a single model of perceived inequality. Data came from surveys administered to employees with disabilities and their respective employers. Individual and organizational variables together provide a better understanding of perceived discrimination than either set alone. Despite the predominance of studies that demonstrate inequality in compensation, this study shows that employees experience discrimination over most terms/conditions of employment.     

Reflections from Employers on the Disabled Workforce: Focus Groups with Healthcare,Hospitality and Retail Administrators

Historically, employment rates for people with disabilities have been low. Despite legislation that prohibits the discrimination of this group in work settings, employers are reluctant to hire people with disabilities. The purpose of this qualitative study was to explore the experiences of employers with workers with disabilities. Three focus groups were conducted with 21 administrators from three business sectors (i.e., healthcare, hospitality, and retail). Content analysis indicated five primary themes: (1) importance of disability employment agencies and disability advocates; (2) persistence of manager bias; (3) lack of promotion opportunities; (4) costs associated with having workers with disabilities; and (5) benefits associated with having workers with disabilities. Implications include the need for intervention studies that address the challenges experienced by individuals with disabilities, particularly during hiring and promoting phases of employment, and educational efforts to inform administrators and managers of the few costs and numerous benefits associated with having workers with disabilities.     

Let’s Not Go Down that Path Again: Lessons from the Past Applied to Immigrant-Targeted Discrimination

Immigrants, both legal and illegal, are a staple of the modern United States workplace. While much of the discussion of this fact centers on negative consequences for the U.S., far less attention has been paid to the detrimental impact on immigrants resulting from their workplace experiences, particularly relating to being targets of discrimination. In this article, we outline: a) a variety of types of workplace discrimination potentially relating to immigrant status; b) potential negative outcomes arising from said discrimination for both immigrant employees and their employers, and; c) how existing and predicted employment law standards place organizations in a legally vulnerable position when such discrimination goes unchecked. We further discuss implications of immigrant-targeted discrimination (ITD) for organizations and managers, and plausible extensions of workplace discrimination laws to specifically include ITD.     

How Do Social Networks Influence the Employment Prospects of People with Disabilities?

We explore the role of social networks used by people with disabilities for finding employment. In addition, we outline obstacles to network building for those with a disability. We contend that this group is often constrained and they underutilize their networks during job searches. Both factors are likely to result in negative employment outcomes and contribute to the employment gap between those with and without a disability. We outline how key network characteristics such as homophily, tie strength, and centrality influence job search outcomes for those with a disability differently than for those without a disability. Furthermore, we propose that although individuals with disabilities develop and rely upon networks that are comprised of close bonds with similar individuals that are either unemployed or underemployed in lower status positions, optimal networks for employment purposes should consist of diverse acquaintances that occupy central positions and higher status jobs within organizations. Finally, we outline propositions to guide future research on this neglected topic and also suggest practical implications.     

A mutual gains perspective on workplace partnership: Employee outcomes and the mediating role of the employment relations climate

Recent years have witnessed increased research on the role of workplace partnership in promoting positive employment relations. However, there has been little quantitative analysis of the partnership experiences of employees. This article examines how the kinds of attributions employees make regarding indirect (union‐based) and direct (non‐union‐based) employee participation in workplace partnership might influence the process of mutual gains. It uses employee outcomes to reflect partnership gains for all stakeholders involved (i.e. employees, employers and trade unions). The article contributes to existing knowledge of workplace partnership by examining the potential role of the employment relations climate as an enabling mechanism for the process of mutual gains. The findings suggest mutual gains for all stakeholders are varied and mediated through the employment relations climate.     

An Examination of the Factors that Influence Whether Newcomers Protect or Share Secrets of their Former Employers*

abstract This research investigated the factors that influence a decision that is often faced by employees who have made a transition from one organization to another: the decision about whether to protect secrets of their former employer or to share them with their new co‐workers. A total of 111 employees from two high‐tech companies participated in interviews. Their comments were analysed and, based on both relevant literature and the results of that analysis, a theory of the factors that influence newcomers' protect vs. share decisions was developed. According to that theory, newcomers first decide whether or not information is a trade secret of their former employer by considering (1) whether the information is part of their own knowledge, and (2) whether the information is publicly available, general, and negative (about something that did not work). If newcomers decide the information is a trade secret, they then evaluate (1) the degree to which their obligations are biased towards their former or new employer, and (2) the degree to which they identify more strongly with their former or new employer. Newcomers whose obligations and identifications are biased towards a new employer are more likely to share secrets. If these obligations and identifications are balanced, newcomers may share information in a way that allows them to believe they are fulfilling their responsibilities to both their former and their new employers.     

Functioning, Capability and Freedom: A Framework for Understanding Workplace Disabilities

Work-related disability issues have been central in many of the U.S. public policy debates since the late 1970s and early 1980s. Although there is a robust business, legal, and public policy literature dealing with such issues philosophical analyses are not common. Accordingly, the paper examines, from a broadly philosophical perspective, some of the issues associated with restricted workplace employment opportunities due to the presence of one or more real or perceived disabilities. Following a review of the concept of disability, the paper examines disabilities and impairments using the concepts of functionings and capabilities developed by Amartya Sen and Martha Nussbaum. The paper then connects the capabilities approach to disabilities with the concepts of negative and positive freedom developed by Isaiah Berlin. The paper concludes by suggesting how to address employment and workplace discriminations of disabled people.     

Who is an Employer in the Triangular Employment Relationship? Sorting Through the Definitional Confusion

Employers in the United States are increasingly utilizing staffing firms, employee leasing firms, temporary employment agencies and other third parties to help manage contingent labor in their organizations. The use of such triangular relationships creates complexities in the rights and responsibilities of each party, partially due to the variation in how U.S. employment law defines employers and employees across statutes. We analyze the various definitions of employee and employer across key U.S. employment statutes (e.g., Civil Rights Act of 1964, ADA, FMLA, FLSA), tests used by the courts in their decision making, and IRS regulations and evaluate the impact of these definitions on the use of contingent employees in triangular relationships. We review existing case law relevant to discrimination and non-discrimination statutes and identify key areas of risk and responsibility for both the individuals employed as contingent workers and firms that use contingent labor. Finally, we offer recommendations for strategically managing contingent labor in the current legal context.     

Layoff victim's employment relationship with a new employer in Korea: effects of unmet tenure expectations on trust and psychological contract

Existing studies of psychological contract have largely focused on the effects of contract breach on employees' attitudes and the contract itself involving the same employer. Given that both workforce mobility and downsizing activities are increasing, it is important to understand how individuals' past employment experiences shape their relationships with their employers. The present study focuses on the effect of prior layoffs on relationships with new employers. We posit that furloughed workers experience layoff as a breach of the psychological contract of job security they have entered into with their employer. Longitudinal data collected from individuals who were re-employed following a layoff revealed that unmet tenure expectations in an employment relationship result in reduced trust in a new employer, which in turn negatively impacts the quality of psychological contracts with the new employer. The results also show that the relationship between unmet tenure expectations and trust was moderated by individual attributions regarding the cause of the layoff. The present findings suggest that the negative impact of contract breach experienced with one organization may carry over to subsequent organizational contexts.     

Are high‐performance work practices (HPWPs) enabling or disabling? Exploring the relationship between selected HPWPs and work‐related disability disadvantage

We develop the organizational characteristics element of Stone and Colella's (1996) framework by drawing on the Ability–Motivation–Opportunity (AMO) model to assess the relationship between high‐performance work practices (HPWPs) and work‐related disability disadvantage. We develop competing “enabling” and “disabling” hypotheses concerning the influence of selected HPWPs (competency testing, performance appraisal, individual performance‐related pay, teamworking, and functional flexibility) on disabled relative to nondisabled employees. An empirical assessment of these competing hypotheses using matched employer–employee data from the nationally representative British Workplace Employment Relations Study 2011 reveals a negative relationship between these HPWPs when used in combination and the proportion of disabled employees at the workplace, although this relationship disappears in workplaces with a wide range of disability equality practices. While disabled employees report lower work‐related well‐being than their nondisabled counterparts, we find limited evidence that this is associated with the presence of HPWPs.     

Last in,first out?: Estimating the effect of seniority rules in Sweden

In this paper we investigate whether a relaxation in seniority rules (the “last-in-first-out” principle) had any effect on firms' employment behaviour. Seniority rules exist in several countries, but consequences of seniority rules on firms' employment behaviour have not been examined previously. The “last-in-first-out” principle in Sweden was reformed in January 2001 such that employers with ten or fewer employees were allowed to exempt two workers from the seniority rule. Using an employer–employee unbalanced panel data for the period 1996–2005, we find that both hires and separations increased in small firms relative to large firms by 5%. This also implies that there were no effects on firms' net employment. Our results show that firms reacted to changes in the seniority rules, but we argue that the effects are not overwhelmingly large.     

Workplace Privacy: Employee Relations and Legal Implications of Monitoring Employee E-mail Use

The tradeoff between employees’ workplace privacy and employers’ need to protect company assets, safeguard proprietary information, and avoid costly litigation has been receiving increased attention (Lee and Kleiner 2003; Mello 2003; National Workplace Institute 2004). This tradeoff often favors employers, as the legal system provides much leeway for employers to monitor employees’ electronic communications in the workplace. However, employers need to consider the effect such monitoring has on their employees since employee and employer attitudes about monitoring often diverge. In this article, we explore workplace email monitoring from both employee relations and legal perspectives and discuss implications for employee morale. An earlier version of this research was presented at the 2005 Association on Employment Practices and Principles Conference, Baltimore, MD.     

Increasing Employment of People with Disabilities: The Role and Views of Disability Training and Placement Agencies

Many people with disabilities continue being unemployed or underemployed. One way to rectify this situation is through leveraging the services of disability training and placement agencies which can appropriately train candidates with a disability and then connect them with potential employers. Unfortunately, employers profess ignorance about the availability of such services, such service agencies, and continue being wary of employing people with disabilities. In the present article, based on interviews with twelve policy makers in five agencies, we examine services offered by such agencies. Results showed that agencies engage in the following four roles when trying to secure employment for candidates with a disability- the Facilitator, the Trainer, the Marketer, and the Partner. Based on present findings, we note a few broad recommendations for employers with regards formulating their disability policies.     

In Sickness and in Health: Recent Judicial Developments in Americans with Disabilities Act Association Discrimination Cases

A little-known provision of the Americans with Disabilities Act (ADA) prohibits covered employers from taking an adverse employment action against a qualified employee if a determinative factor in the adverse employment action is the disability of an associate or relative of the employee. A review of the reported court opinions indicates that plaintiff employees often encounter difficulty in these cases. Some plaintiffs are unable to prove that they are “qualified” employees at the time of the adverse employment action, and other plaintiffs find it difficult to prove that a determinative factor in the adverse employment action was the disability of the associate or relative. However, plaintiffs have achieved some success as evidenced in the 2008 U.S. Circuit Court of Appeals holdings in Dewitt v. Proctor Hospital and Trujillo v. PacifiCorp. This paper describes reported U. S. Circuit Court of Appeals opinions about ADA association discrimination, its relationship to the Family and Medical Leave Act and Employee Retirement Income Security Act, and the implications for employers, employees, and lawmakers. It also offers practical guidance to both employees and employers for asserting and managing rights and potential liability in this area.     

The employer as social arbiter: Considerations in limiting involvement in off-the-job behavior

This article analyzes the trend of increasing employer involvement in social issues through human resource policies that influence employee behavior off the job and away from the workplace. Many employers are increasingly acting as social arbiters—regulators of the private conduct, personal behaviors, and habits of their employees. Relying on historical perspectives from (1) an exchange transaction economic view of the employment relationship, and (2) the origins and nature of the corporate form, a framework is developed to analyze the conditions under which employer involvement in employee personal matters may be appropriate. Our criteria generally guide an employer to act conservatively in invoking mandatory policies that affect employees' personal lives unless there is a clear individual employee performance problem or the personal behavior imposes harm on employees or customers. Two tests should be satisfied for mandatory programs: (1) the policy must have a discernible impact on the employee's performance on the current job based on individually based data, or (2) the behavior poses an immediate danger to or has an established discernible impact on the safety of co-workers or customers. The difficulties that may arise in administering specific polices such as no smoking, drug and medical testing, child care, and fitness policies are discussed.