PowerPoint Presentation by Charlie Cook The University of West Alabama © 2007 Thomson/South-Western. All rights reserved. Physical and Mental Ability 12

© 2007 Thomson/South-Western. All rights reserved.12–2 Chapter Objectives After completing this chapter, readers should have an understanding of physical and mental disability as aspects of diversity. They should specifically be able to discuss the proportion of people who have disabilities in the United States. explain purposes of and provisions of the Rehabilitation and Americans with Disabilities Acts. discuss earnings and employment experiences of people with disabilities. compare perceptions about people with disabilities with their actual work performance.

© 2007 Thomson/South-Western. All rights reserved.12–3 Chapter Objectives After completing this chapter, readers should have an understanding of physical and mental disability as aspects of diversity. They should specifically be able to describe selected cases involving disability discrimination. propose reasonable accommodations to enable people with selected impairments to work.

© 2007 Thomson/South-Western. All rights reserved.12–4 Introduction to Disability Disability is increasing in the United States, now affecting nearly one in five, 49.7 million people.Disability is increasing in the United States, now affecting nearly one in five, 49.7 million people. Factors leading to the increase in disabilities in the United States include:Factors leading to the increase in disabilities in the United States include:  An aging population  A greater propensity to acquire a disability with age  Persons working into more advanced ages Disability stereotypes and misperceptions cause the disabled to be more likely to be un- or under- employed than any other “minority” group in the United States.Disability stereotypes and misperceptions cause the disabled to be more likely to be un- or under- employed than any other “minority” group in the United States.

© 2007 Thomson/South-Western. All rights reserved.12–5 Relevant Legislation Major federal laws exist regarding rights and obligations toward people with disabilities in the workplaceMajor federal laws exist regarding rights and obligations toward people with disabilities in the workplace  Section 501 of the Rehabilitation Act of 1973 (RA)  Private employers and state and local governments having 15 or more employees for 20 or more weeks per year, employment agencies and labor unions are prohibited from discrimination against qualified persons in employment matters such as hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

© 2007 Thomson/South-Western. All rights reserved.12–6 Relevant Legislation (cont’d)  Section 501 of the Rehabilitation Act of 1973 (RA)  Requires the federal government to take affirmative action for the hiring, placement, and advancement of people with disabilities,  Title I of the Americans with Disabilities Act of 1990 (ADA), as amended.  Provides a clear and convincing national mandate for the elimination of discrimination against individuals with disabilities.  Provides clear, strong, consistent, enforceable standards for addressing discrimination against individuals with disabilities.

© 2007 Thomson/South-Western. All rights reserved.12–7 Definitions of Disability Disability Defined (ADA)Disability Defined (ADA)  A person with a disability is one who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.  Guidelines issued by the U. S. Code of Federal Regulations clarify these key terms.  A person is considered substantially limited when he or she is unable to perform one or more major life activities that most people in the general population can perform.

© 2007 Thomson/South-Western. All rights reserved.12–8 Definitions of Disability Physical or Mental ImpairmentPhysical or Mental Impairment  Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting at least one of the body’s systems.  Does not include current drug use (previous drug use is covered); transvestism, transsexualism, or other sexual behavior disorders; and compulsive gambling, kleptomania, or pyromania.

© 2007 Thomson/South-Western. All rights reserved.12–9 Is an Applicant with a Disability Qualified? A qualified person is one who can perform the essential functions of the job in question, with or without a reasonable accommodation.A qualified person is one who can perform the essential functions of the job in question, with or without a reasonable accommodation.  Essential functions  The basis for the existence of the job; without having to do these functions, there would be no need for the job.  Marginal functions  Those that are secondary to the function of the job; the applicant often does them, but if they are not performed, the job would still exist.

© 2007 Thomson/South-Western. All rights reserved.12–10 Determining Reasonable Accommodation Reasonable AccommodationReasonable Accommodation  Is one that the employer can implement to enable the qualified person to perform essential job functions without causing undue hardship to the employer. Undue HardshipUndue Hardship  The extent of what is required as a reasonable accommodation varies by employer—larger employers are expected to bear larger costs for required accommodations than the accommodation costs required of smaller employers.

© 2007 Thomson/South-Western. All rights reserved.12–11 Selected ADA Cases EEOC v. Phillips Edison & Co.EEOC v. Phillips Edison & Co.  Hiring discrimination based on disability EEOC v. Spylen of Denville, Inc., dba Wendy’sEEOC v. Spylen of Denville, Inc., dba Wendy’s  Creating a hostile work environment leading to constructive discharge EEOC v. Autoliv A S P, Inc.EEOC v. Autoliv A S P, Inc.  Failure to provide a reasonable accommodation EEOC v. Apria Healthcare Group, Inc.EEOC v. Apria Healthcare Group, Inc.  Discrimination based on mental disability

© 2007 Thomson/South-Western. All rights reserved.12–12 T ABLE 12.1 Characteristics of Persons with Disabilities Source: U.S. Census Bureau. Disability Status: Census 2000 Brief Summary File 3. accessed 10/03/05.

© 2007 Thomson/South-Western. All rights reserved.12–13 Population U.S. Census Categories of Disability:U.S. Census Categories of Disability:  Sensory—having a disability involving sight or hearing.  Physical—having a condition limiting basic physical activities such as walking, climbing stairs, reaching, lifting, or carrying.  Mental—having a physical, mental, or emotional condition causing difficulty in learning, remembering, or concentrating.  Self-care—having a physical, mental, or emotional condition causing difficulty in dressing, bathing, or getting around inside the home.  Go-outside—having a condition that makes it difficult to go outside the home to shop or visit a doctor.  Employment (work)—having a condition that affects the ability to work at a job or business.

© 2007 Thomson/South-Western. All rights reserved.12–14 T ABLE 12.2 Education of People aged 16 to 64 with and without Work Disabilities Source: Table 1. Selected Characteristics of Civilians 16 to 74 years old with a work disability by educational attainment and sex: accessed 10/03/2005.

© 2007 Thomson/South-Western. All rights reserved.12–15 T ABLE 12.3 Employment and F/T Year-Round Work for People with and without Any of the Six Disabilities Source: U.S. Census Bureau. Disability Status: Census 2000 Brief Summary File 3, accessed 11/22/04.

© 2007 Thomson/South-Western. All rights reserved.12–16 T ABLE 12.4 Comparison of 2003 Year-Round Full-Time Earnings and Employment of Workers with and without Work Disabilities for Persons 16 to 64 Source: Table 3. Work Experience and Mean Earnings in 2003—Work Disability Status of Civilians 16 to 74 Years Old by Educational Attainment and Sex, accessed 11/22/04; Table 2. Labor Force Status—Work Disability Status of Civilians 16 to 74 Years Old, by Educational Attainment and Sex, accessed 11/22/04.

© 2007 Thomson/South-Western. All rights reserved.12–17 F IGURE 12.1 Wal-Mart’s Disability Troubles. Sources: Wal-Mart TV Ad Tells the Story of Two Deaf Men’s Employment Discrimination Claim against the Retail Giant, accessed 11/26/04; Comprehensive EEOC, Wal-Mart Settlement Resolves Disability Lawsuit, accessed 11/25/04; Wal-Mart Settles Employment Discrimination Claim of Two Applicants Who are Deaf, also Agrees to Make Corporate Wide Changes in Hiring and Training, b.html, accessed 11/26/04;Wal-Mart Violates Disabilities Act Again; EEOC Files sixteenth Suit against Retail Giant, accessed 11/26/04; Judge Slaps Wal-Mart with Major Sanctions for Violating Court Order in EEOC Disability Bias Case, accessed 10/03/05.

© 2007 Thomson/South-Western. All rights reserved.12–18 Employment Experiences of People with Disabilities Intellectual DisabilityIntellectual Disability  Occurs when a person’s IQ is below 70 to 75; has significant limitations in conceptual, social, and practical skills needed for everyday life; and the disability originated before age 18.  Examples of jobs appropriate for people with disabilities to perform: animal caretakers, laundry workers, library assistants, data entry clerks, mail clerks, printers, assemblers, grocery clerks, housekeepers, and automobile detail workers.

© 2007 Thomson/South-Western. All rights reserved.12–19 Individual Recommendations Individuals with disabilities should:Individuals with disabilities should:  Obtain as much education as possible.  Seek positions in larger firms, and those that have formal diversity and/or affirmative action programs.  Seek positions well-suited to your interests and abilities.  Be aware of accommodations that will enable you to work successfully, and do not be afraid to ask for them, or to seek outside assistance in obtaining them.

© 2007 Thomson/South-Western. All rights reserved.12–20 Individual Recommendations People without disabilities should:People without disabilities should:  Be careful to pursue fairness and equity for people with disabilities.  Be careful of your speech at all times so as to not offend someone with a disability.

© 2007 Thomson/South-Western. All rights reserved.12–21 Organizational Recommendations Employers can help applicants and employees with disabilities by:Employers can help applicants and employees with disabilities by:  Consulting with state and local organizations for assistance.  Using behavioral suggestions and training to reduce tension and anxiety often associated with interactions between persons with and without disabilities.

© 2007 Thomson/South-Western. All rights reserved.12–22 Organizational Recommendations (cont’d) Human Resource Needs of the Disabled RecruitmentRecruitment SelectionSelection Compensation and Benefits Training and Development Performance Evaluation Complaint Mechanisms Up-to-Date Job Descriptions

© 2007 Thomson/South-Western. All rights reserved.12–23 Key Terms Essential functionsEssential functions Marginal functionsMarginal functions Substantially limitedSubstantially limited Major life activitiesMajor life activities Reasonable accommodationReasonable accommodation Undue hardshipUndue hardship