Employment Discrimination Laws for Disability: Utilization and Outcome

Nancy R. Mudrick

28 citations0/0 files storedThe Annals of the American Academy of Political and Social Science

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Disability Education and Employment Disability Rights and Representation Discrimination and Equality Law

Abstract

This assessment of the potential impact of the laws that prohibit disability-based employment discrimination reviews the logic of civil rights law and its application to disability. The development, structure, and operation of state and federal employment discrimination laws for disability, and the experience with the utilization and enforcement of these laws, are presented. With data from state enforcement agency reports, the pattern of employment discrimination complaints filed under state laws prior to the Americans with Disabilities Act (ADA) is analyzed. The data are similar to the early ADA complaint data: a large proportion of complaints came from persons with jobs or who had lost jobs, and less than 50 percent of the complaints resulted in a finding favorable to the complainant. Based on what has been found about the effectiveness of prior civil rights legislation, expectations for the impact of the ADA and potential measures of its success are suggested.

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References

1994No Pity: People with Disabilities Forging a New Civil Rights Movement 1990The Impact of Affirmative Action Regulation and Equal Employment Law on Black Employment 1994Americans with Disabilities 1991-1992 1990Studying the Iceberg from its Tip: A Comparison of Published and Unpublished Employment Discrimination Cases 1995Equal Employment Opportunity: Labor Market Discrimination and Public Policy.1994Labor Force Trends of Persons with and without Disabilities.1993The Americans with Disabilities Act: will it Make a Difference?

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