Employment of People with Disabilities Following the ADA

Studies finding a negative effect of the Americans with Disabilities Act (ADA) on the employment of people with disabilities have used the work disability measure, which has several potential problems in measuring employment trends. Using Survey of Income and Program Participation (SIPP) data that permit alternative measures of disability, this study finds decreased employment among those reporting work disabilities in the first few years after the ADA was passed but increased employment when using a more probably appropriate measure of ADA coverage (functional and activity limitations that do not prevent work). State-by-state variation in labor market tightness is used to find that people with disabilities may have especially procyclical employment, but the contrary results in overall employment trends remain after accounting for labor market tightness. Given the problems in measuring who is covered by the ADA, there is reason to be cautious of both positive and negative findings.     

Does the ADA Disable the Disabled?— More Comments

This article examines how best to identify individuals with disabilities for analysis of the impact of the Americans with Disabilities Act (ADA) of 1990. It also explores whether amending the ADA to broaden its definition of disability can be expected to improve the employment prospects of those who seek its protections. Answering these questions requires that we learn much more about the labor force participation decisions of those with disabilities. Our aim here is to encourage further consideration and analysis of these and related questions regarding the possible effects of the ADA and of other environmental factors that affect the labor force participation of those with disabilities.     

Labor Market Discrimination against Women with Disabilities

This article estimates the extent of wage discrimination and, for the first time, the employment effects of wage discrimination, against women with disabilities. In 1984, more than one-half of the offer wage differential between disabled and nondisabled women is attributable to discrimination, but the absolute wage differential is small. The results suggest that wage discrimination related to disability tends to be most severe for a relatively small group of women with impairments against which prejudice is most intense. There is a large difference between the employment rates of disabled and nondisabled women but only a small part of the differential is attributable to the disincentive effects of wage discrimination. The results also show that women with disabilities face a double burden of gender- and disability-related discrimination, but do not show that gender-related discrimination is worse for women who have a disability.     

Employment and the Creation of an Active Citizenry

This study examines the link between employment and political participation, using US household survey data. It finds that being employed increases an individual's political activities by more than one‐third, primarily through increased income, civic skills, political efficacy and recruitment at work. Union membership and skill‐building tasks are strong positive predictors of political participation. In exploring issue‐oriented activism, disability activism is found to be lower among employed people with disabilities, but higher among those who report job discrimination. The likely effects of declining unionization, changes in job structures and other workplace and employment trends on overall political participation are discussed.     

Changing Regimes of Workplace Governance,Shifting Axes of Social Mobilization,and the Challenge to Industrial Relations Theory

This article challenges prevailing views about the collapse of the New Deal industrial relations system and the role of the market. It argues that the old system has been replaced not by the market but by an employment rights regime, in which the rules of the workplace are imposed by law, judicial opinions, and administrative rulings, supplemented by mechanisms at the enterprise level that are responsive to the law but also are susceptible to employee pressures, both individual and collective. The emergence of this regime is the product of a shift in the axes of social and political mobilization from mobilization around economic identities rooted in class, industry, occupation, and enterprise to identities rooted in the society outside the workplace: sex, race, ethnicity, age, disability, and sexual orientation. The shift in the axes of mobilization in turn reflects the collapse of the underlying model of social and economic organization upon which the collective bargaining regime was built and more fundamentally a shift in our understanding of the nature of industrial society and its direction of evolution in history. This interpretation poses a challenge to the conceptual tools used in industrial relations to understand the issues of work and to frame the public policy debate. We conclude with some suggestions as to the direction in which we might move to provide an alternative conceptual framework.     

Earnings Losses of Injured Men: Reported and Unreported Injuries

This paper revisits the earnings losses following a workplace injury, accounting for injured workers who did not apply for workers' compensation and a comparison group of uninjured workers. Selection of the injured group and the comparison group is important. Excluding those who do not apply for benefits overstates the earnings losses, while using less severely injured workers as a comparison group underestimates the earnings losses. Additionally, differentiating whether the injury resulted in a work-limiting disability highlights that it is not the injury event, but rather the subsequent disabilities that drive the earnings losses.     

Telecommunications policy and individuals with disabilities: Issues of accessibility and social inclusion in the policy and research agenda

Information and communications technologies have become an integral part of life in an information society, affecting employment, education and many other daily activities. For individuals with disabilities, equal access to telecommunications remains a concern, as many technologies that are developed do not allow for equal access. Law and policy have made significant progress in some nations, but sizeable barriers remain to the social inclusion of individuals with disabilities in telecommunications technologies and services. This paper examines the importance of equal access to telecommunications for individuals with disabilities in both the formulation and the implementation of policy. Analyzing issues of policy and implementation, this paper discusses policy questions and potential areas of research to better understand the relationship of telecommunications policy to access for persons with disabilities.     

Negotiating ‘Difference’: Representing Disabled Employees in the British Workplace

Drawing on qualitative interviews with disabled employees, union officers and disability‐related organizations, this article examines employee attempts to negotiate workplace adjustments and associated issues of workplace representation. UK employment law utilizes an individual medical model of disability, which conflicts with traditional collective approaches favoured by trade unions, which has implications for disabled employees and union representation. We explore the different strategies available to unions and conclude that, despite the role played by disability‐related organizations in supporting employees, unions are the only workplace actors who are capable of reconfiguring the ‘personal as political’ and integrating disability concerns into wider organizational agendas.     

Barriers or Opportunities? The Causes of Contingent and Part‐Time Work Among People with Disabilities

Why are workers with disabilities about twice as likely as nondisabled workers to be in contingent and part‐time jobs? This study finds that disability income program earnings limits and employer discrimination play relatively minor roles, whereas the primary explanation is health problems that make traditional full‐time jobs difficult or impossible for many people with disabilities. Despite the lower pay and other drawbacks of many nonstandard jobs, they enable many people with disabilities to work who otherwise would not be employed. Policy implications are discussed.     

The Effects of Employment Protection for Obese People

This paper uses a 1993 court case, Cook v. Rhode Island, in conjunction with the implementation of the Americans with Disabilities Act (ADA) to estimate the impact of employment protection on the labor market outcomes of obese people. In Cook, a federal appeals court ruled for the first time that obesity can be covered under the ADA. Using data from 1988 to 1999, I estimate that Cook increased employment for obese women and men relative to those whose weight was in the recommended range on the order of four and two percentage points, respectively. The results provide new evidence that obesity has important labor market implications.     

Then and Now: Disability Legislation and Employers' Practices in the UK

Using a longitudinal research design, this article considers employers' human resource management practices in respect of disability equality: in 1995 under the Disabled Persons (Employment) Act and in 2003 under the Disability Discrimination Act. The article analyses whether there has been a change to employers' practices and whether or not this change is associated with increased employment of disabled persons. The findings show that proactive HR measures to encourage disabled employment, including positive discrimination, had a significant impact on disabled employment in 1995, whereas HR measures centring on managerial responsibilities and making adaptations had a similar result in 2003. We argue that, for optimum effectiveness, HR departments should employ the full range of HR measures that are available, including positive discrimination, and that this approach should be underpinned by a range of enforcement measures.     

Transitions into Permanent Employment in Spain: An Empirical Analysis for Young Workers

This article analyses the transitions into permanent employment of a sample of young temporary employees in Spain for the period 1996–2003. For this purpose, we apply multiple‐spell duration techniques to a longitudinal dataset of temporary workers obtained from Social Security registers. Our main findings are as follows. First, the transitions from a temporary contract into unemployment and into another temporary contract are very high when compared with transitions into permanent employment. Second, the entry into permanent employment — although slightly increasing with tenure at the temporary contract — is very low; the only exception is that of semi‐skilled and unskilled individuals, who are particularly likely to enter into permanent employment at the 24th and the 36th month of tenure (respectively). Third, we find that there exists a substantial proportion of workers with unobservable characteristics that make them show high exit rates from temporary employment and, at the same time, a rapid exit from unemployment — while the remaining individuals exit from unemployment more slowly, particularly those who are receiving unemployment benefits.     

Worker Adaptation and the Desire for Accommodations after the Onset of a Disability

I use a multinomial logit model to estimate the probability of the type of adaptation or employment response individuals make after the onset of disability, using the Participation and Activity Limitation Survey from Canada. I consider three types of adaptations: no change in jobs, changing jobs, and leaving employment. I also examine worker desires for employer accommodations, which are arrangements employers make for disabled persons after the onset of a disability.     

A Note on Job Mobility Among Workers with Disabilities

This article uses data from the 1990 and 1993 panels of the Survey of Income and Program Participation to analyze relationships between disability status and job mobility. We identify individuals who experienced voluntary or involuntary job separations over a 20-month period and examine the effect of disability status on rates of job change and wage growth following a job change. The results show that disabled workers are more likely to experience involuntary job changes than are nondisabled workers, but there is little difference in the wage effects of job changes by disability status.     

Long-Term Disabilities and College Education

This study focuses on the labor market consequences of long-term disability status for persons who have had the opportunity to receive both a university education and rehabilitation services. The sample matches persons with functional limitations with a similar sample of university graduates without these limitations. Our results indicate a small salary gap that appears to be correlated with the negative opinions held by the general population about persons with these disabilities.     

Employment Protection,Threat and Incentive Effects on Worker Absence

This article provides new evidence on the effect of changes in employment protection on worker absence. We use novel multi‐organization data to examine changes in worker absence as workers move from temporary to permanent employment contracts. We demonstrate a robust positive effect of employment protection on sickness absence. It has also been suggested that the impact of employment protection on absence and effort is due to a fear of dismissal. We also provide evidence that suggests that temporary workers' absence is influenced by incentives to attain jobs with protection that is unrelated to threat of dismissal. This has not been considered in earlier research. This channel of employment protection effects has important policy implications.     

The Effect of Increased Regulation on Capital Costs and Manual Labor Requirements of Nuclear Power Plants

The purpose of this study is to expand previously published work in examining the attitudes of financial managers towards the investment tax credit. This article specifically investigates and analyzes the perceptions that financial managers have with respect to the impact of the ITC in the input allocation decisions of the firm. This research indicates that financial managers do not believe that the ITC is an important inducement to investment behavior. More importantly, the ITC does not often result in employing capital that requires hiring additional employees. However, this research indicates that there might be an important exception to this. There appears to be a marked relationship with respect to those who stated that the ITC resulted in purchasing new technology and respondents who staled that the ITC resulted in increasing employment. In limited cases, therefore, the ITC appears to lead to an expansion o1 the work lorce through capital formation.     

The evolution of language complexity in qualified health claims

In the US, the Food and Drug Administration (FDA) has oversight for qualified health claims (QHCs). These claims emerged as the result of a legal dispute about commercial speech rights on dietary supplements and food products. The initial court ruling allowed manufacturers to include diet–disease information on packaging, when supporting evidence does not meet the traditional threshold of Significant Scientific Agreement. QHCs communicate about a potential health benefit of the consumption of a food or supplement, and due to their nature, are required to specify the balance of evidence behind the diet–disease relationships. As a result, the language contained in QHCs is complex, making them difficult for consumers to understand. The language has been further complicated by a continuing series of court challenges about how scientific evidence is described in QHCs. To understand the evolution of QHC language, we review the progression of court rulings surrounding qualified health claims and subsequent regulations by the FDA. This analysis provides a case study of the challenging task of effective science communication within a dynamic food litigation and policy environment.     

The Impact of Private Equity on Employment: The Consequences of Fund Country of Origin—New Evidence from France

This article explores the country of origin effects of private equity investment on employment in France. Using propensity score matching methodology applied to establishment‐level survey data, we find that foreign investors are significantly more likely to induce job shedding and employment insecurity than are French investors. As suggested by the literature on comparative capitalism, national differences may persist in conjunction with commonalities and trends in global capitalism.     

The Nature of Some Recent Trade Union Modernization Policies in the UK

This article draws on recent research to present findings concerning the nature of some recent trade union modernization policies in the UK. In response to decline, it can be seen that the unions have increasingly been encouraged to represent and service members more as individuals than as part of a collective. This appears to be consonant with the frequently expressed view that greater individualism, both in employment and in society more generally, has largely been responsible for recent union weaknesses, and that if they are to endure the unions should adapt to it. Using data generated from interviews with full-time officers from a number of unions and from a case study of Unison organization within a local authority, the paper identifies two crucial problems with such an approach. First, it is argued that the substantial difficulties that the unions have experienced recently have been caused by a process of decollectivization in employment relations, and not one of individualization. Second, an indication of the complexity of the relationship between individualism and collectivism within trade unionism is given, something that is entirely ignored by proponents of the thesis that unions should concentrate solely on appealing to individuals.