The Labor Market Experience of Workers with Disabilities: The ADA and Beyond

Abstract

passed antidiscrimination legislation covering employment by state agencies and often employment by any firm doing business with the state. 2In addition, nearly all states by that time covered private employers in some form or another, and many states covered all employment, including that by very small firms (fewer than 15 workers).Common exclusions from the discrimination legislation included religious organizations, social clubs, family members, American Indian tribes, and farm or domestic workers.Details of when each state passed legislation related to treatment of the disabled in the workplace and the exclusions of those laws are in Appendix D.The Rehabilitation Act of 1973, and the concern already expressed at the state level about the employment opportunities of disabled workers, culminated in the passage of the ADA in 1990.This act was unlike others before it, in that it provided for the civil rights of people with disabilities in the same way that all citizens are protected against discrimination based on race, color, sex, national origin, age, and religion.The ADA requires that employers treat workers, and potential workers, with disabilities identically to those without disabilities, with regard to hiring, compensation, and other aspects of employment.In addition, employers must make reasonable efforts to accommodate the nature of the worker's disability in connection with the performance of the worker's job.Owners of places of public accommodation are required to provide facilities (e.g., entrances, elevators, bathrooms) fit for the disabled, and to provide services in such a way that people with disabilities are not restricted from receiving those services (e.g., requiring a driver's license as the only way to provide proof of identification discriminates against the vision impaired).Public accommodation also includes equal access through telecommunication, such as access to the Internet.While admittedly only a small part of the entire legislation, the implications and impact of the labor market provisions (Title I) of the ADA provide the focus of this book.Any interpretation of the effect of the ADA or recommendations for enhancements must take into account policies already in place that may or may not influence a disabled worker's labor market experience.The Social Security Administration manages two cash payment programs for Americans with disabilities.Such programs are of great concern regarding labor market analyses for two main reasons.First, cash payment programs might crowd out labor market activity, and

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