Article Summary on the Impacts of the Americans with Disabilities Act on Organizations in the Context of Employment Law
Article Summary on the Impacts of the Americans with Disabilities Act on Organizations in the Context of Employment Law
Introduction
This paper summarizes a journal article by Scott Burris and Kathryn Moss based on the effects that the Americans with Disabilities Act has had on organizations and how this helps in understanding non-discrimination principle under employment law.
Article Citation: Burris, S., & Moss, K. (2007). The employment discrimination provisions of the Americans with Disabilities Act: Implementation and Impact. Hofstra Labor and Employment Law Journal, 25 (1), 1-32
Summary
This article by Scott Burris and Kathryn Moss gives a summary of the existing empirical data on the effects of the Americans with Disabilities Act (ADA) on organizations and disabled persons together with how it has been operationalized. It reviews the various provisions of the Act and points out how each of them has specifically changed the experience of Americans with disabilities in places of employment, both public and private institutions. The authors have an also carried out a review of the effects of the ADA on employment rates and wages, empowering impact on persons with disabilities and the changes in the attitudes of employers brought about by the operationalization of the Act. Moreover, the authors argue that in order to understand the effects that ADA has had on organizations, it is important that the meaning of the word ‘disability’ as defined under the Act be understood since the Act prohibits employment discrimination only against qualified individuals with disabilities in the language of section 12112 (a) of the Act. The authors have therefore quoted section 12102 (2) of the ADA for the meaning of ‘disability’ and the criteria set therein to be used to identify persons protected by the Statute.
According to Burris and Moss (2007), the ADA has to a significant extent led to or encouraged cultural change in the work place in most organizations by influencing positive change in workplace behaviors and attitudes. Employers or organizations, thanks to the ADA provisions on inclusion and equality of opportunities, have been compelled to streamline their organizational cultures and practices in order to ensure that there is elimination of any discrim-5ination on any ground against individuals with disabilities. The authors note that even though negative attitudes towards Americans with disabilities still abound, most employers or organizations have taken positive steps towards implementation of the ADA provisions. For instance, most organizations have now integrated ADA standards into their internal policies on Equal Employment Opportunity, provided reasonable accommodation facilities to Americans with disabilities and changed their hiring procedures in order to include the disabled qualified Americans. These observations and arguments by these authors are buttressed by the work of Unger (2002) who argues that due to the ADA, there has been a positive change in employer attitudes towards persons with disabilities. This is evidenced, the author argues, by “the evolving role of employers in addressing disability in the workplace” (Unger, 2002, p. 1). Furthermore, the observation that the ADA has encouraged change of organizational culture finds support in the study by Schur, Kruse and Blanck (2005) who state that there has been a positive significant change in the corporate culture of most American organizations.
Wage Disparities and Employment Rates
Buriss and Moss (2007) note that the variant studies on the impacts of the ADA on wages and employment rates on Americans with disabilities differ widely. They also observe that some pundits have argued that the employment rates for people with disabilities were actually higher before the enactment of the ADA. This has been attributed mainly to the strict judicial interpretation of the provisions of the Act making it difficult for people with disabilities to easily enforce their employment rights against discrimination. The authors however note further that not many studies have examined the changes that have taken place with regards to employment rates and wage disparities since the ADA came into force. In the whole therefore, it is the authors’ conclusion that the ADA has put pressure on most employment organizations to conform to the non-discrimination requirements of the ADA by increasingly ensuring inclusion and equal opportunities for Americans with disabilities and also pay similar wags for equal work done by these people.
Moreover, apart from the above effects, most organizations have, in light of the provisions of the ADA, ensured that their architectural, communication and transportation designs and facilities are easily accessible by persons with various disabilities who either work for or seek services from these organizations. However, the ADA has also negatively affected organizations in terms of employment costs and costs of legal suits arising from claims of discrimination by employers based on disability. With the provisions on equal treatment and pay under the Act, most organizations now have to adjust their wage bills to accommodate the high costs of restructuring their employment policies in accordance with the Additionally, the ADA has empowered more labor organizations or unions to champion for the rights of Americans with disabilities than ever before, given the wide legal framework of protection against discrimination based on disability under the Act. Further afield, Rosenbaum (2007) has examined the impacts of the ADA in the healthcare context by looking at its effects on healthcare organizations. According to this author, the impact of the ADA on health care organizations may be looked at in the context of physical accessibility of healthcare services and design of healthcare insurance covers, citing cases such as bernathy v. Valley Medical Center 2006 WL 1515600 (W.D. Wash., 2006), Mannick v. Kaiser Foundation Health Plan WL 1626909 (N.D. Ca., 2006) and Majocha v. Turner 166 F. Supp. 2d 316 (W.D. Pa., 2001) to show the legal dimensions of the ADA impacts on healthcare organizations. Title III of the Act on public accommodation also means that organizations which provide commercial facilities such as recreation, education, lodging or hotels, dining and education can no longer discriminate an American or bar them from equally enjoying these facilities based on their disability status. Hence, such organizations have had to adjust to conform to these new realities under the ADA.
Conclusion
References
Burris, S., & Moss, K. (2007). The employment discrimination provisions of the Americans with Disabilities Act: Implementation and Impact. Hofstra Labor and Employment Law Journal, 25(1), 1-32.
Rosenbaum, S. (2007). The future of disability in America: The Americans with Disabilities Act in the health care context. New York: Routledge.
Schur, L., Krusez, D., & Blanck§, P. (2005). Corporate culture and the employment of persons with disabilities. Behavioral Sciences and the Law Journal, 23, 3-20. doi:10.1002/bsl.624
Unger, D. D. (2002, Spring). Employers' attitudes toward persons with disabilities in the workforce: myths or realities? Focus on Autism and Other Developmental Disabilities, 17(1), 1-15.
