Journal of Vocational Rehabilitation - Volume 36, issue 3

Authors: McMahon, Brian T.

Article Type: Other

DOI: 10.3233/JVR-2012-0588

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 135-139, 2012

Authors: Fogg, Neeta P. | Harrington, Paul E. | McMahon, Brian T.

Article Type: Research Article

Abstract: The authors present and analyze a variety of datasets outlining trends in employment during the Great Recession. Noteworthy in these findings is the impact of the Great Recession on the labor market status of workers over the age of 55. In analyzing three distinct labor market outcomes, the surprising finding emerges that older workers persisted in job seeking efforts and remained part of the active labor market more so than younger age groups. They were rewarded by record levels of hiring and the lowest levels of employment-to-population decline from 2007 to 2010. Their share of the labor market will dramatically …increase in the decade ahead and with it the representation of workers with disabilities and all that this implies. Record levels of accommodation, workplace accessibility, assistive technology, ergonomics and innovation are likely to become routine due to this irrepressible demographic trend. Show more

Keywords: Disability policy, aging and employment

DOI: 10.3233/JVR-2012-0589

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 141-147, 2012

Authors: Roessler, Richard T. | Hawley, Carolyn E. | McMahon, Brian T.

Article Type: Research Article

Abstract: Data available in the Integrated Mission System (IMS) maintained by the United States Equal Employment Opportunity Commission (EEOC) were analyzed with respect to comparisons in the employment discrimination experiences of youth with epilepsy (N = 555) and youth in a general disability comparison group (i.e., GENDIS; N = 12,663). Both groups of youth were employed in industries associated with entry level positions such as retail trades, manufacturing, health care and social assistance, and accommodation and food services, and the majority of allegations for both groups pertained to post-hire issues, e.g., unlawful discharge and failure to provide reasonable accommodations. Youth with …epilepsy were more likely to file allegations regarding unlawful discharge and were more likely to receive a merit rating of their allegations from the EEOC. Findings suggest a connection between poverty and likelihood of a diagnosis of epilepsy, the need to target certain industries for disability awareness training, the relationship between a seizure at work and termination for disability rather than cause, and the importance of worksite interventions addressing identification of barriers to productivity and accommodation planning. Show more

Keywords: Epilepsy, youth, EEOC, workplace discrimination, employment

DOI: 10.3233/JVR-2012-0590

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 149-158, 2012

Authors: Van Wieren, Todd A. | Armstrong, Amy J. | McMahon, Brian T.

Article Type: Research Article

Abstract: Using the Integrated Mission System (IMS) of the Equal Employment Opportunity Commission (EEOC) for allegations of discrimination involving Title I of the Americans with Disabilities Act (ADA), allegations made by individuals with autism spectrum disorders (ASDs) and by individuals with intellectual disabilities (IDs) are compared and contrasted. Key dimensions of workplace discrimination examined include: demographic characteristics of the charging parties; the industry designation, location and size of employers against whom allegations were filed; the nature of workplace discrimination alleged to have occurred; and the EEOC outcome/resolution of these allegations. The characteristics of ASD allegations are then compared and contrasted with …those of ID allegations. The findings of this study imply that typical ASD and ID allegations are characteristically quite similar to each other. Differences that were found between the two groups of allegations indicate that charging parties with ASD are more likely to be a bit younger than those with ID, and are more likely to be male. Additionally, ASD allegations of discrimination were more likely than ID to have been made against Information, Educational Services, and Arts/Entertainment/Recreation industry employers. Show more

Keywords: Workplace discrimination, autism spectrum disorders, intellectual disabilities, Americans with Disabilities Act

DOI: 10.3233/JVR-2012-0591

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 159-169, 2012

Authors: Hurley, Jessica E. | Monasterio, Eugenio A. | McMahon, Brian T. | West, Steven L.

Article Type: Research Article

Abstract: ADA Title I allegations are investigated and closed by the EEOC either with or without merit. Allegations resolved with merit indicate that actual disability employment discrimination took place against the person filing the allegation (the charging party) and those resolved without merit indicate that no discrimination took place. This study examined the drivers or predictors of merit in allegations filed by charging parties with mental illness (e.g., anxiety, depression, bipolar disorder, schizophrenia, and unknown mental illness). Results indicated that the primary driver for ADA Title I allegations is [discrimination] Issue and corroborated the lower merit rate for mental illness allegations …(19.83%) as compared to non mental illness allegations (23.39%). Further analysis of the Merit and Non Merit Resolution Types by non parametric tests of proportion between allegations filed by charging parties with mental illness and those filed by charging parties without mental illness also corroborated the lower mental illness allegation merit rate. The lower merit rate for mental illness allegations may indicate that: 1) there is less actual employment discrimination occurring against persons with mental illness; 2) that allegations filed by persons with mental illness are inherently difficult to prove; and/or 3) that the merit rate for mental illness allegations might be higher if they were not potentially under-reported. Implications, conclusions, and directions for future research are provided. Show more

Keywords: ADA Title I, ADA and mental illness, disability

DOI: 10.3233/JVR-2012-0592

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 171-185, 2012

Authors: Shaw, Linda R. | Chan, Fong | McMahon, Brian T. | Kim, Jeong Han

Article Type: Research Article

Abstract: The purpose of this study was to examine how individuals who file charges of harassment differ from individuals who file other types of disability discrimination charges (e.g., hiring, firing, or reasonable accommodation) as well as the unique characteristics of respondents (employers) to these charges. 211,736 allegations (25,411 allegations of harassment vs. 186,325 other types of allegations) were extracted from the Equal Employment Opportunity Commission (EEOC) Integrated Mission System database. Results from the chi-squared automatic interaction detector analysis indicated that women, minorities, and people with behavioral disabilities are more likely to file harassment charges. Employees with disabilities who work in Educational …Services or in Public Administration were found to be more likely to file harassment charges than employees who work for other types of business and industry, and companies with 500 or more employees were more likely to have harassment lawsuits. Implications for vocational rehabilitation and demand-side employment research were discussed. Show more

Keywords: Disability harassment, intimidation, workplace discrimination

DOI: 10.3233/JVR-2012-0593

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 187-197, 2012

Authors: Draper, William | Hawley, Carolyn | McMahon, Brian T. | Reid, Christine A.

Article Type: Research Article

Abstract: This article documents the employment discrimination experienced by Americans with a record of disability but no current disability, utilizing the Integrated Mission System of the Equal Employment Opportunity Commission (EEOC). Decisions by the EEOC in favor of charging parties with historical disabilities disproportionately exceeded those in favor of charging parties with current disabilities. This finding suggests that discrimination against persons who have only a record of disability persists in the workplace, and that this additional aspect of the definition of the term “disability” is viable.

Keywords: Employment discrimination, EEOC, disability

DOI: 10.3233/JVR-2012-0594

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 199-206, 2012

Article Type: Other

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 207-208, 2012

Article Type: Other

Citation: Journal of Vocational Rehabilitation, vol. 36, no. 3, pp. 209-209, 2012