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.     

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.     

Workers with Disabilities: Exploring the Hiring Intentions of Nonprofit and For-profit Employers

Using the Theory of Planned Behavior as a conceptual framework, focus groups were held with nonprofit and for-profit employers in order to examine behavioral intentions to hire workers with disabilities. Content analysis revealed the following main themes: (1) For-profit hiring strategies were driven by a mission to sell a product or service; (2) Nonprofit hiring strategies were driven by a mission to serve the community; (3) Forprofit hiring and nonprofit hiring were impacted by the economy; (4) Although driven to have diverse workforces, the number of workers with disabilities was largely unknown; and (5) Employer attitudes mattered and impacted job opportunities for people with disabilities. Implications of this qualitative study highlight the utility of the Theory of Planned Behavior and the role that nonprofit managers and leaders may play in improving employment opportunities for individuals with disabilities.     

Perspectives on Disability Disclosure: The Importance of Employer Practices and Workplace Climate

Disclosing a disability to a potential or current employer is a very personal decision, with potentially far-reaching consequences for both the employer and employee. Disability disclosure can assure that employees receive appropriate workplace accommodations, and can help employers respond more effectively to diversity and inclusion initiatives aimed at increasing the hiring and retention of individuals with disabilities. However, disclosure may also result in negative employment consequences for employees, such as lowered supervisor expectations, isolation from co-workers, and increased likelihood of termination. Given demographic trends related to disability in the labor force and recent initiatives to increase the employment of individuals with disabilities, it is increasingly important that employers create an environment that encourages disclosure and reduces the likelihood of negative consequences for employees and applicants who disclose their disabilities. This paper presents the findings of a survey of individuals with disabilities focused on identifying and better understanding the factors that influence the disclosure decision. Results highlight the barriers and facilitators that influence individuals’ decision to disclose and the important role that employers, managers, and workplace climate play in the decision. Implications for employer policy and practice are also discussed.     

Managing the Contingent Workforce—Gaining the Advantages, Avoiding the Pitfalls

Part-time employment arrangements constitute a rapidly growing segment of the U.S. labor force. Such employment arrangements offer advantages to both employers and employees. Part-time employees offer employers reduced wage and benefit costs, workforce flexibility, aid for special projects, replacement fill-ins and a chance to preview candidates for full-time employment. Part-time work enables employees to supplement family income, enjoy flexible hours as well as a change in job environment and a chance to substitute for full-time employment when there is no choice. The advantages of contingent employment come at a cost. Employers must comply with laws and give up control over much of the employment relationship in order to avoid co-employment status and to gain the benefits of contingent employment. Employees in contingent work arrangements frequently do not qualify for many of the benefits available to full time employees. Suggestions made for managing contingent workers may reduce some of the problems, but they would also remove some of the advantages.     

Wages,employment, labour turnover and the accessibility of local labour markets

In this paper, we extend a dynamic efficiency wage model to the case of multiple local labour markets that interact through migration. Firms are concerned about turnover costs. The quitting behaviour of workers is a function of local labour market conditions, non-wage income and the costs and benefits of migration to other local labour markets. A synthetic micro sample of 20,302 observations from the 1986, 1991 and 1996 New Zealand Censuses of Population and Dwellings provides evidence supporting the theory. Across subgroups, the wages of workers with relatively inelastic local labour supply and/or lower geographical mobility are relatively more responsive to changes in the local employment rate. The evidence is consistent with the notion that local employers engage in monopsonistic competition with respect to the employment of such workers.     

Employers' hiring practices,employment protection,and costly search: A vacancy-level analysis

An employer with a vacancy may respond to high search costs by lowering hiring requirements. While such an adjustment increases the employer's chances of filling the vacancy, it also more likely results in a match that terminates when the match is hit by match-specific productivity shocks. Drawing on a novel Slovenian vacancy dataset, we find that employers who are searching to fill temporary positions are more likely to hire underqualified workers when search costs are high. We find that search costs are taken into consideration when employers are searching to fill permanent positions in some specifications but not all. These findings suggest that for employers who are searching to fill a permanent position, the benefits of lowering hiring requirements when search costs are high are likely outweighed by: a) high firing costs if an under-qualified worker is hired on a permanent contract or b) the costs of undertaking a new search later if an under-qualified worker is hired on a temporary contract. These are novel findings about the employers' hiring practices in the presence of employment protection laws and costly search.     

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.     

The Dangers of Misclassifying “Employees”: Microsoft Litigation Emphasizes Distinctions Between Employees and Nontraditional Workers

In the past decade, businesses, for reasons such as greater flexibility and lower total costs, have increased their use of nontraditional workers such as independent contractors and temporary agency employees. The Internal Revenue Service's crackdown on misclassifying employees slowed this growth. Additionally, recent lawsuits by nontraditional workers against employers such as Microsoft Corporation have resulted in some client employers being forced to pay more benefits to nontraditional employees because of employment misclassification and coemployment rulings. Such rulings might reduce or even eliminate the use of some types of nontraditional employees. This paper analyzes the vast array of types of workers that have evolved into the nontraditional work force and the difficulty of defining employee with respect to entitlement to employer benefits. Possible recommendations for employers include auditing present use of nontraditional workers, accurately classifying employees, and taking proper actions to minimize problems in the future.     

An ill-informed choice: empirical evidence of the link between employers’ part-time or temporary employment strategies and workplace performance in Canada

Many employers seek flexibility through part-time or temporary employment to achieve improved competitiveness and success. Using strategic choice theory, this study is a longitudinal examination of employers’ strategic decisions of reducing labour costs and using part-time or temporary workers on workplace performance. Workplace performance is measured through profitability, productivity and change in net operating revenue. Statistics Canada’s Workplace and Employee Survey longitudinal workplace data are used for the analysis. Results show that reducing labour costs strategy has no effect on profitability, productivity or change in net operating revenue, and using part-time or temporary workers strategy shows decreased profitability and productivity, and that there is no effect on the change in net operating revenue in Canadian workplaces studied. Based on these findings, we recommend that employers, in Canada and elsewhere, not only carefully weigh reducing labour costs and employing part-time or temporary workers strategies for workplace performance, but also reconsider such strategies and instead seek alternative means of improving workplace performance.     

Offering flexible working opportunities to people with mental disabilities: The missing link between sustainable development goals and financial implications

A global response to Covid-19 pandemic has triggered issues related to stress and social restrictions; thus, mental health is seen as a particular area of concern for social well-being for both policymakers and corporate regulators/companies. Given that mental health intersects with most, if not all, of the 17 sustainable development goals (SDGs), this research brought to light issues surrounding employment of people with mental disabilities (PWMDs) and the financial merits of employing them. An online survey was administered to PWMDs to elicit what possible flexible opportunities could enable them to gain or stay at work. Interviews were also conducted with human resource managers and financial managers. Our results show that there are currently no flexible working opportunities available for PWMDs, which could enable them work effectively to improve both self and general economic growth. The findings of this study will enable employers to explore the financial benefits of employing PWMDs and also aid the government to create better policies to boost employers' commitment to employing PWMDs and achieve some of the UN SDGs.     

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.     

Addressing the Underemployment of Persons with Disabilities: Recommendations for Expanding Organizational Social Responsibility

The underemployment of persons with disabilities continues to be a societal problem; many persons with disabilities have difficulty securing and maintaining employment. This difficulty contributes to the relatively higher rates of poverty among persons with disabilities as well as their underutilization as productive members of society. This research examines factors that contribute to this underemployment problem. Based on this examination, we develop questions organizations must consider for addressing the problem. These questions are based on creating working relationships for persons with disabilities at an individual level that may be an extension of an organization’s corporate social responsibility program. Individuals with disabilities have a right to obtain and maintain successful employment opportunities; this research outlines the factors at play and provides suggestions for employers to consider in addressing this social problem.     

The Labour Market Effects of Increases in Social Insurance Premium: Evidence from Japan

Exploiting heterogeneous variations in labour cost increases due to Japan's 2003 social insurance premium reform as a natural experiment, we estimate the impacts of the increased social insurance premiums on employment, working hours and payroll costs. Using the difference‐in‐differences method with establishment fixed effects, we find that firms reduce the number of employees and increase average annual earnings from longer working hours in response to an exogenous increase in labour costs without productivity gains. Firms manage to pay for this increase in the average wage paid to the remaining workers by reducing the number of employees to keep total payroll costs unchanged. In contrast, since social insurance premiums are shared equally between employees and employers, firms pay the remaining half premiums that they are imposed with. Sub‐sample analyses show that firms adhering to a labour hoarding policy did fire many workers taking advantage of the 2003 reform. This may indicate that the reform provided a good excuse to cut employment in firms that had been forced to comply with a labour hoarding policy even in an over‐employment situation, which is more likely in sectors and countries where dismissals are rigorously regulated.     

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.     

Employer responses to disability: Preliminary evidence and a research agenda

Representatives from 50 New Jersey private-sector businesses that had accommodated one or more workers with disabilities were interviewed about their experiences. This purposive sample included large and small businesses from a variety of industries located in every section of the state. Respondents were asked about the nature of the individual’s disability, how the accommodation was determined, what accommodations were considered and implemented, the costs of the accommodations, their success, and the performance level of the accommodated individual. Most respondents reported positive experiences in hiring, accommodating, and evaluating the performance of workers with disabilities. Fifty-four percent of the respondents who made accommodations reported that the accommodations cost nothing; another 16% spent less than $500 on the accommodation. Because so little research exists on the subject of accommodating workers with disabilities, a research agenda is proposed.     

Contingent workers' impact on standard employee withdrawal behaviors: Does what you use them for matter?

Previous research has suggested that workforce mixing—simultaneously using contingent workers and standard employees—can negatively affect standard employee attitudes and behaviors. In this study, we consider the impact of two reasons employers choose to use contingent workers (to enhance standard employee employment stability and to reduce labor costs) on standard employee withdrawal behaviors (absenteeism and turnover). We posit that when the aim of using contingent labor is to enhance standard employee employment stability (employment stability contingent labor strategy or ESCLS), the effects on standard employee withdrawal behaviors will differ from when the aim is to reduce labor costs (labor cost contingent labor strategy, or LCCLS). Using a sample of 90 firms that employ a mixed workforce, we examine the influence of ESCLS, LCCLS, and high investment HR systems (HIHRS) on standard employee withdrawal behaviors at the firm level. In addition to supporting the hypothesized direct (positive) effect of LCCLS on standard employee withdrawal behaviors, this study's results support the hypothesized moderating effects of HIHRS on the negative relationship between ESCLS and standard employee withdrawal behaviors and the positive relationship between LCCLS and standard employee withdrawal behaviors. Implications for research and practice and suggestions for further research are discussed. © 2010 Wiley Periodicals, Inc.     

Protection of part-time workers in Irish law

In Ireland, employment protection rights have been extended to regular part-time workers. This article traces the legislation's history, examines arguments of employers and unions and, having discussed the contents of the new legislation, raises the question whether the legislation is compatible with requirements of EC anti-discrimination law.     

The Measurement and Structural Modeling of the Reasonableness of Workplace Accommodations

The Americans with Disabilities Act of 1990 (ADA) guarantees protection from discrimination for persons with a disability. The ADA requires employers to make reasonable accommodations for persons with physical and mental disabilities unless doing so would produce undue hardship on the organization. Fifteen years after the passage of the ADA, the question as to what is a reasonable accommodation remains controversial, especially for some types of disabilities. In this study, a reasonable accommodation scale is proposed and tested using structural equation modeling in hopes that such a scale will aid the courts and organizations in determining what is reasonable. Individuals’ level of awareness of disability issues is also examined in the model to examine the relationship between awareness and willingness to accommodate. Results indicate acceptable fit of the model to the data and provide support for the proposed scale. Furthermore, the relationship between awareness of disability issues and willingness to accommodate was significant. Implications for research and practice are discussed.     

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.