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.     

Attention Deficit/Hyperactivity Disorder in the Workplace Under the ADA in the Wake of Sutton and Its Companions

The terms Attention Deficit Disorder (ADD) or Attention Deficit/Hyperactivity Disorder (AD/HD) refer to a neurological impairment that affects the individual's ability to sustain attention and to behave in a calm, rational manner.³Although this disorder has long been considered to be restricted to childhood, recent research has demonstrated that many children carry it over into adult life and take it with them into the workplace. Most U.S. courts have treated AD/HD as a disability covered by the Americans with Disabilities Act (ADA).⁴However, in the summer of 1999, the U.S. Supreme Court made three decisions that will undoubtedly affect the future status of AD/HD and other impairments under the ADA. This article examines those decisions, how they affect the employment rights of AD/HD-afflicted employees, and the changes they will probably bring to litigation in this area. Because we have many reservations about the court's decisions, we not only voice our criticisms of the decisions, but also offer an alternative approach.     

Employment Discrimination and the International Workplace: A Review of Recent US Court Rulings

The extraterritoriality clause in the Civil Rights Act of 1991 amended Title VII and the ADA to include employment discrimination protection for US citizens working abroad for US employers. A review of recent court rulings demonstrates an absence of lawsuits involving alleged violations of the extraterritorial provision. Instead, recent cases show that Americans working outside of the US are filing charges against foreign employers rather than US employers and applying state level employment statutes rather than federal legislation. In addition, non US citizens are exhibiting a trend toward invoking US federal and state statutes against US employers. These cases are reviewed and implications discussed for managing employment relations in an increasingly international workplace.

Barriers to employee rights: Gender,selection, and the labor process

This article applies a labor process analysis to the issue of employment rights in the particular context of gender inequality and unlawful discrimination in the recruitment process. It criticizes conventional perspectives on employee rights for their failure to examine critically managerial power and prerogative and its implications for gender inequality. The article outlines two particular labor process theories of gender divisions and inequality. In exploring the strengths and weaknesses of these more critical perspectives, the article highlights the analytical significance that they ascribe to power asymmetries in the labor process and labor market. Building on this perspective, the analysis then presents empirical data on gender discrimination in the selection practices of contemporary UK organizations. The research material reveals how gender discrimination can be reproduced, rationalized, and resisted. These empirical findings are theorized through a combined labor process analysis of power, knowledge, and identity in recruitment practices. We conclude that labor process analysis facilitates our understanding of the deep-seated barriers that continue to impede the protection of employee rights in workplace practices.     

The Rights of Employees with Disabilities: Supreme Court Interpretations of the Americans with Disabilities Act and Their Implications for Human Resource Management

The Americans With Disabilites Act (ADA) of 1990 provides broad protection to an estimated 43 million Americans against discrimination in many facets of their lives. Title I of the Act prohibits discrimination in employment. Title III of the Act, which prohibits discrimination in public accommodation, has also impacted the employment relationship. Eight years after the passage of the Act, the U.S. Supreme Court issued its first ruling under the ADA. Two subsequent decisions have been rendered that further interpret the statute and the Court has repeatedly denied to review cases that deal with another key interpretation of the ADA. This paper analyzes these cases and decisions and their implications for management practices.     

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.     

HRM Systems for Knowledge Workers: Differences Among Top Managers,Middle Managers,and Professional Employees

This theoretical study contributes to the debate in the field of strategic HRM on whether HRM systems should differ across employee groups within the firm. It explores differences in the efficacy of two HRM systems—high‐involvement HR and internal labor market systems—across top management teams, middle managers, and professional employees. In addition, it examines factors that may prevent the adoption of effective HRM systems for these groups of knowledge workers. A model is proposed depicting how four job‐level moderators influence the HRM‐performance relationship and how these moderators apply to each of the three employee groups. Short‐term performance pressures and favoritism in staffing are proposed as factors that may hinder the adoption of effective HRM systems. Finally, HRM systems for different employee groups are classified based on their gains potential and barriers to implementation, yielding four categories of strategic HRM activity metaphorically labeled low‐hanging fruits, high‐hanging fruits, peanuts, and barren land. © 2013 Wiley Periodicals, Inc.     

我国检验检疫技术法规与标准体系研究

作为出入境检验检疫工作的依据和准绳,检验检疫技术法规和标准在应对国外技术性贸易措施方面发挥着重要作用.文章针对目前我国检验检疫技术法规和标准体系中存在的问题和不足提出了建议.     

同一屋檐下的不同感受:基层管理者与员工参与式管理感知差异研究

参与式管理以其对雇佣关系质量与组织承诺的积极作用而越来越受到理论界与实践界的关注.基于感知差异和社会信息加工理论视角,本文运用扎根理论对典型案例展开分析,在阐述“参与式管理感知差异”内涵基础上,探索基层管理者与员工感知差异,挖掘提炼出参与式管理感知差异的关系模型:双高匹配型、双低匹配型、员工高估型和员工低估型,并探讨这四种关系模式影响组织承诺的两种关键影响因素,即内部人身份感知和上级信任,以此构建参与式管理感知差异对组织承诺的影响机理模型.研究将参与式管理现有研究从单一视角拓展到基层管理者-员工感知差异视角,对业界如何有效实施参与式管理提供有益借鉴.     

Shape up or ship out? Employment discrimination against the overweight

Increasing health care insurance costs have focused employer attention on health-related factors in employee recruitment and retention. One such factor is weight. Employers have argued that overweight employees are absent more often, are more susceptible to on-the-job injuries and illnesses, and are less productive than others. They have also contended that overweight employees present poor role models and may cause “negative reactions” by others. Although no federal law addresses employee obesity specifically, a number of laws prohibiting other forms of discrimination present potentially litigious situations. This article reviews the background and legal framework of discrimination against the overweight and offers some guidelines for avoiding such charges.     

国际会计准则动向与我国银行业执行新会计准则的思考

本文结合国际会计准则发展的新动向,对我国银行业实施新会计准则过程中的贷款减值计提、公允价值计量、金融工具分类、会计核算与系统改造、信息披露、监管协调与技术支持等方面存在的难点进行了分析,并提出了相应的对策建议。     

美国炼油行业污染物排放标准对我国的启示

美国的污染物排放标准技术含量较高。标准内容详尽、复杂,不仅有技术数据,而且还规定如何执行这些技术的条款。研究美国工业行业污染物排放标准,有助于我国类似行业标准的制修订,可以有效提高我国排放标准的科学性和可执行性。     

Employee and management rights and responsibilities under the Americans with Disabilities Act (ADA): An overview

The Americans With Disabilities Act (ADA) significantly expands the rights of disabled individuals in their access to employment opportunities, services, telecommunications, public accommodations, and transportation. This article provides an overview of the ADA with a particular emphasis on employment issues under Title I of the Act affecting the rights and responsibilities of disabled employees and employers. Permitted and prohibited actions by employers are discussed, as well as factors used to determine the definition and application of key terms under the Act. Some potential impacts of the ADA on the interests of disabled individuals and employers are discussed. Recommendations for effective management policies to comply with the employment provisions of the ADA are also included.     

技术性贸易壁垒发展的新趋势——技术标准与知识产权相结合

文章通过分析技术性贸易壁垒发展的新趋势——技术标准与知识产权相结合,考察了两者结合的特点、作用机理以及技术标准与知识产权中专利技术的交叉使用问题,提出了突破壁垒、科学构建我国技术标准体系的一些设想。     

Working and Caring for a Child with Chronic Illness: Challenges in Maintaining Employment

This paper shares some pertinent findings from an initial, qualitative stage of a larger, national study currently being undertaken in Australia, exploring the support needs of parents who are working full time and caring for a child with chronic illness. The findings presented here depict the negative impact of these parents caring responsibilities on their work life and the increased stress they experience trying to maintain full time employment. In-depth interviews revealed how these parents had to rearrange their working hours, use up their leave entitlements, work unsatisfactory hours, sacrifice their careers and even change their jobs in order to balance their dual roles. In addition, the findings also highlight the negative and unsupportive attitude that employers had towards these parents. These employment conditions were extremely stressful and frustrating for parents affecting their physical and emotional well being.     

工商行政管理信息化标准体系的研究

文章介绍了工商行政管理信息化的发展现状，阐述了工商行政管理信息化标准体系的编制目标和编制原则，提出了该标准体系构成的主要内容，并分析了各标准分体系之间的逻辑关系。     

《企业会计准则》的新旧比较及其影响

现重点讨论中国会计准则的变革秉承的原则;中国会计准则变革基于的理念;新准则的主要突破;新旧准则的主要变化及对企业业绩产生的影响。     

The Effects of Mandatory Arbitration of Employment Discrimination Claims: Perceptions of Justice and Suggestions for Change

The ability of employers to require employees to submit claims of discrimination to final and binding arbitration in lieu of exercising their statutory rights represents a significant change in public policy. The methods traditionally used by enforcing agencies to investigate discrimination claims provide assistance and intervention that redress power asymmetries between employees and employers. Depriving employees of these enforcement mechanisms and requiring them to use arbitration may have adverse effects on perceptions of justice, both in procedural and distributive terms. We propose that mutuality, equality, and remediality are issues that must be addressed in situations of mandatory arbitration. We also suggest that mandatory arbitration may have other effects including expanding the scope of issues well beyond discrimination claims.     

Towards Ending the Silence: Working Women Caring for Children with Chronic Illness

This paper presents stories from women who work and care for a child with a significant chronic illness or disability. The purpose of this paper is to move towards ending the silence on their lives. A three-phase emergent research design responds to the question: What is life like for a full-time worker who is concurrently the primary carer of a chronically ill child? This paper considers the theory of Silencing the Self (Jack, 1991) in relation to the emergent themes of “Otherness” and “Doing it All.” As in Jack’s study, these women also engaged in silencing of the self. However, unlike the respondents in Jack’s study, these women did not demonstrate feelings of worthlessness and hopelessness for the future, nor were they alone in contributing to their silence. Indeed, many experienced silencing behaviors from others around them, and many rallied against the silence, not accepting that their burden should continue. Consideration of Jack’s theory is made to point out the distinctions between the women in this study and Jack’s study, and analytical commentary is provided to demonstrate the relevance of this analysis in light of the current debates surrounding the Work–Home Conflict and the rising levels of informal care provided by women in our communities.     

Parsing Work Environments Along the Dimensions of Sexual and Non-Sexual Harassment: Drawing Lines in Office Sand

Laws addressing harassment at work have evolved considerably since court systems first recognized that (sexual) harassment is illegal. Now, managers must worry about protected classes other than sex (e.g., race, age, etc.), and the effects of harassment on bystanders as well as victims (i.e., ambient harassment). Understanding these newer conceptualizations of workplace harassment is critical for mangers dealing with an increasingly complex array of possible work environments, only some of which are illegal. Toward this end, we present a taxonomy of eight possible work environments, created by parsing the legal definition of sexual harassment (i.e., the first-recognized type of hostile work environment). The taxonomy illustrates the evolution of law in this area, and highlights the multidimensional nature of workplace harassment. Also discussed are potential complications arising from how a reasonable person and a victim might interpret behavior. Managers using the taxonomy may better assess whether their work environments have crossed the line, or facilitate movement from less- to more-desirable work environments.