U.S. Employment Disability Discrimination Charges: Implications for Disability Management Practice

1. www.edi.cornell.edu U.S. Employment Disability Discrimination Charges:  Implications for Disability Management Practice Susanne M. Bruyère Sarah von Schrader Cornell University and Wendy Coduti Michigan State University IFDMRN-GLADNET Researchers Network September 18, 2010 Advancing the World of Work

2. U.S. Department of Education National Institute of Disability and Rehabilitation Research (NIDRR) • Field-Initiated Research Project (FIR) on Using the U.S. Equal Employment Opportunity Commission (EEOC) Employment Discrimination Charge Data System for Research and Dissemination Purposes (Grant No. H133G040265) • Rehabilitation Research and Training Center (RRTC) on Employment Policy for Persons with Disabilities (Grant No. H133B040013) Funding Acknowledgement

3. Presentation Overview • Overview of the problem • Continuing economic disparities • Continuing employment disability discrimination • Analysis of U.S. EEOC Charge Data • Where charges of discrimination are occurring • With which types of disabilities • Employer characteristics • Intersection of disability and employment process • Implications for effective disability management

4. Economic Disparities In 2008, 39.5 percent people with a disability were employed, compared to 79.9 percent for those without disabilities. The median annual household income of households that include any working age people with a disability in 2008 was $ 39,600, compared to $ 61,200 for households that do not have any person with disability. In 2008, 25.3 percent of U.S. persons with a disability in the United States were living below the poverty line, compared to 9.6 of those without disabilities (Erickson, Lee, & Von Schrader, 2010)

5. Need to Examine Workplace Charges of discrimination continue to occur With an aging workforce, need is increasing Other emerging populations of concern in return to work process (e.g. Veterans with mental health and traumatic brain injury disorders) Recognition of the importance of workplace culture, social capital, and employee engagement Disability management as a facilitator for change

6. U.S. EEOC Charge Data Must have an Intergovernmental Personnel Act Agreement with the U.S. EEOC to access the data All employment discrimination charges from 1993 – 2007 with a focus on the ADA/disability charges 462,956 charges filed under ADA alone or jointly Includes the basis (trait upon which discrimination is based) and issue (discriminatory behaviour) Includes characteristics of the charging party (age, sex, and race), employer (Standard Industry Code and size of the firm), case-specific details

7. Charges by Statute per 10,000 People in the Labor Force with Protected Class Characteristics, 1993-2007

8. Results Employment disability discrimination charges trends over time Most often cited impairments where charges occur Most often cited employment processes Business size and industry findings Impairments crossed w/ employment processes

9. Employment Disability Discrimination Charges Trends Over Time

10. ADA Charges Over time By Age Group

11. ADA Charging Party Age Distribution

12. ADA Charges Over time by Sex

13. Charges Across Employer Size

14. Charges by Employer Size (select issues)

15. Most Often Cited Industries

16. Impairments Most Often Cited in Charges

17. Employment Processes Most Often Cited

18. Joint Filings (ADA and other Statutes)

19. Impairments Crossed w/ Employment Processes

20. Implications for Disability Management Educate Employers Costs associated not addressing age related disability in the workplace Legal costs, health care costs, disability insurance (LTD, STD), workers’ compensation Don’t have to be a “cost of doing business” More accessible/cost effective resources small employers (> 100 employees) Buy in from top (culture change top down)

21. Implications for Disability Management (con’t) Educate Employers Get employers to “take care” of employees they disable = increased employment opportunities other PWD Where to find Veterans seeking employment Myths/benefits hiring and retaining older workers Potential upcoming worker shortage Common accommodations age related impairments Benefits of prevention and wellness in the workplace

22. Implications for Disability Management (con’t) Who is going to do this? Who will bring this information/education to employers? Know addition Level III DM Evidence based practice in absence mgmt, presenteeism, integrated benefits, health/wellness programs (Rosenthal et al, 2007) Where/how will this be taught to those doing DM? Dissertation findings = Not in RC, yet Rosenthal, D.A., Hursh, N., Lui, J., Isom, R., & Sasson, J. (2007). A survey of current disability management practice: Emerging trends and implications for certification. Rehabilitation Counseling Bulletin, 50(2), 76-86.

23. Implications for Disability Management (con’t) How are we going to do this? More DM/Employer specific training in RC programs More DM & disability awareness courses in HR programs and for HR professionals Training aging workforce for employers and current DM/HR practitioners Training empirical based practices/interventions Show me the money

24. For Further Information USEEOC Charge Data Statistics http://www.eeoc.gov/eeoc/statistics/enforcement/ada.cfm The Authors: Susanne Bruyere – smb23@cornell.edu Sarah von Schrader – sv282@cornell.edu Wendy Coduti – coduti@msu.edu