Employment and Disability Institute How Disability Employment Protection Laws Affect Employer Accommodation Provisions A Public Policy Forum February 7, 2008 Cornell University Government Affairs Office Hall of States, Room North Capitol Street, N.W. Washington, DC 20001

Rehabilitation Research and Training Center on Employment Policy for Persons with Disabilities Funded by the U.S. Department of Education National Institute on Disability and Rehabilitation Research (Grant Number H133B040013)

Collaborating Partners Employment and Disability Institute ILR School, Ithaca, NY Dept. of Policy Analysis and Management College of Human Ecology, Ithaca, New York Mathematica Policy Research, Inc. Princeton, NJ, Washington, DC, and Cambridge, MA American Association of People with Disabilities Washington, DC Rutgers University, School of Management and Labor Relations, Program for Disability Research New Brunswick, NJ

Upcoming Policy Forums March 21, 2008, Hall of States Employment in the Federal Sector for People with Disabilities Speakers & Moderators to be determined July, 2008 Speakers & Moderators to be determined Date & Location TBD – Fall 2008 Speakers & Moderators to be determined

Welcome & Introductions Susanne Bruyerè, Director, Cornell University – Employment and Disability Institute Panel Richard, Burkhauser, Ph.D., Cornell University, Policy Analysis and Management Discussants Michael Collins, Executive Director, National Council on Disability John D. Kemp, Esq., Executive Director & General Counsel, U.S. Business Leadership Network

Has the Americans with Disabilities Act Changed Workplace Accommodations? Evidence from the Health and Retirement Study Robert R. Weathers II Social Security Administration Richard V. Burkhauser Cornell University/AEI Employment and Disability Institute This project is funded by the U.S. Department of Education, National Institute on Disability and Rehabilitation Research (No. H133B ). The contents of this paper do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government (Edgar, (b)).

Background The Americans with Disabilities Act of 1990 mandates employers to provide reasonable workplace accommodations to employees with a disability. Its anti-discrimination goals are not controversial, but its success in achieving them is. Critics argue the ADA imposes significant costs on employers (firing costs and reasonable accommodation costs) that have reduced employment.

Earlier Findings using HRS data Employer Accommodation Before ADA –About 25 percent of workers offered accommodation after disability onset (Daly and Bound, 1995). –Accommodated workers more likely to remain employed and less likely to apply for disability benefits (Burkhauser, Butler, Kim and Weathers, 2002). Employer Accommodation After ADA –About 33 percent of workers offered accommodation after disability onset. (Charles, 2004). – Data limitations: small sample size, post-ADA sample is near retirement, period of analysis short ( ), no controls for state level anti- discrimination laws prior to the ADA.

Contribution of this Paper Improves on previous work by: –using new data from HRS; –using data on state level employment protection laws; –examining accommodation over a longer post-ADA period; and –examining whether the changes in accommodation are consistent with theoretical predictions.

Data: Health and Retirement Study (HRS) We use three HRS cohorts. –Health and Retirement Study original cohort born and first interviewed in –War Babies born and first interviewed in –Early baby boomers born and first interviewed in Each cohort is re-interviewed every two years.

HRS Definitions Disability “Do you have any impairment or health problem that limits the kind or amount of paid work you can do?” Employed at Disability Onset “Were you employed at the time your health limited your ability to work?” Year of Disability Onset “When did the impairment or health problem begin to interfere with your work?” (Month, Year)

HRS Employer Accommodation Definition For persons employed at onset of disability, HRS asks: “At the time your health started to limit your ability to work, did your employer do anything special to help you out so you could stay at work?” Responses include: yes, no, left immediately, self- employed. In later years the response “none needed” added but numbers in this category are small. If person responds yes, then the HRS asks a set of questions about the type of accommodation.

HRS Type of Employer Accommodation Did your employer…. –get someone to help you? –shorten your work days? –allow you to change the time you came and left from work? –allow you more breaks and rest periods? –arrange for special transportation? –change the job to something you could do?

Type of Employer Accommodation (Cont.) Did your employer…. –Help you learn new job skills? –Get you special equipment for the job? –Do any other things to help you out? What things? (Open Ended Responses)

Construction of HRS Analysis Sample Identify persons with a disability at the time of any interview who report being employed at time of onset. Exclude persons who: –are self-employed at disability onset. –are 59 or older at disability onset. Use first reported disability onset. –Some multiple reports across HRS interviews. Final sample:1,625 pre-ADA,1,049 post-ADA.

Table 5. Prevalence of employer provided accommodation at the time of disability onset All Type of AccommodationBefore or laterDifference Did your employer…Mean Std. Err do anything?25.6%28.8%3.2%(1.8%)

State Level Employment Protection Laws Pre-ADA period included three distinct employment protection law regimes. –No Protection Laws. Onset occurred in a state with no anti-discrimination laws in place at the time. –Antidiscrimination Laws Only. Onset occurred in a state with state anti-discrimination laws in place at the time. –Reasonable Accommodation Laws. Onset occurred in a state with state ADA-like laws in place at the time.

Table 7a. Employer provided accommodation at the time of disability onset, by pre-ADA State reasonable accommodation laws Type of AccommodationNo State LawsADADifference Did your employer…(n=367)(n=1,069)MeanStd. Err. do anything?23.9%28.8%4.9%(2.2%) get someone to help you?10.5%12.0%1.5%(1.6%) shorten your work days?6.7%8.9%2.2%(1.3%) allow you to change the time you came and left from work?5.9%11.4%5.4%(1.2%) allow you more breaks and rest periods?9.0%12.0%3.0%(1.5%) arrange for special transportation?2.1%1.5%-0.5%(0.7%) change the job to something you could do?10.8%10.3%-0.5%(1.6%) help you learn new job skills?6.2%4.0%-2.2%(1.2%) get you special equipment for the job?2.6%4.4%1.8%(0.8%) other?5.6%7.4%1.8%(1.2%)

Table 7b. Incidence of employer provided accommodation at the time of disability onset, by pre- ADA State reasonable accommodation laws Type of Accommodation State Anti- discriminationADADifference Did your employer…(n=976)(n=1,069)MeanStd. Err. do anything?25.9%28.8%2.9%(1.4%) get someone to help you?9.4%12.0%2.6%(0.9%) shorten your work days?6.3%8.9%2.6%(0.8%) allow you to change the time you came and left from work?8.8%11.4%2.6%(0.9%) allow you more breaks and rest periods?9.2%12.0%2.8%(0.9%) arrange for special transportation?1.2%1.5%0.3%(0.4%) change the job to something you could do?11.1%10.3%-0.8%(1.0%) help you learn new job skills?3.8%4.0%0.2%(0.6%) get you special equipment for the job?2.6%4.4%1.8%(0.5%) other?6.7%7.4%0.7%(0.8%)

Table 7c. Incidence of employer provided accommodation at the time of disability onset, by pre- ADA State reasonable accommodation laws Type of Accommodation State ADA-Like LawsADADifference Did your employer…(n=263)(n=1,069)MeanStd. Err do anything?28.1%28.8%0.7%(2.8%) get someone to help you?11.0%12.0%1.0%(1.9%) shorten your work days?8.7%8.9%0.1%(1.7%) allow you to change the time you came and left from work?9.2%11.4%2.2%(1.8%) allow you more breaks and rest periods?12.5%12.0%-0.5%(2.0%) arrange for special transportation?0.8%1.5%0.8%(0.5%) change the job to something you could do?12.5%10.3%-2.3%(2.0%) help you learn new job skills?5.3%4.0%-1.3%(1.4%) get you special equipment for the job?6.8%4.4%-2.5%(1.6%) other?7.2%7.4%0.2%(1.6%)

Regression Model Employer Accommodation is a function of: –disability onset accommodation laws; –demographic factors (gender, race); –age of disability onset; –education; –cause of disability (accident at work, work-related); –health condition; –labor market conditions (state-time level unemployment rates).

Regression Results Differences between no state laws and ADA laws are larger in regression model. –No Law predicted probability of accommodation is 19.3%. Variable Change in t-value Pred. Prob. State Anti-Dis. Laws+5.9 (25.2)1.84 State ADA-like Laws+8.4 (27.7)2.06 ADA+11.7 (31.0)3.30 Tests between ADA and State ADA-like laws indicate difference is not statistically significant.

Regression Results More likely to receive accommodation: disability result of an accident at work. –Predicted probability of accommodation for no accident at work: 25.7% Variable Change in t-value Predicted Prob. Result of work accident

Summary State and Federal mandates both mattered. The Federal ADA effect was largest in states without anti-discrimination laws. The effect of the federal ADA was not statistically significant in states that already had ADA laws in place. The costs of most accommodations are not easily measured.

Upcoming Policy Forums March 21, 2008, Hall of States Employment in the Federal Sector for People with Disabilities Speakers & Moderators to be determined July, 2008 Speakers & Moderators to be determined Date & Location TBD – Fall 2008 Speakers & Moderators to be determined