MIT Sloan Management Review

Business Ethics and Public Policy, Human Resource Management and Industrial Relations

 

The Americans with Disabilities Act of 1990: Implications for Managers

By John P. Kohl and Paul S. Greenlaw

April 15, 1992

WHAT HAPPENS IF AN APPLICANT FOR A JOB IN YOUR FIRM HAS A DISABILITY — IS BLIND OR INFECTED WITII HIV OR EPILEPTIC? WILL you know how to treat that applicant without discrimination? The Americans with Disabilities Act was passed to make sure that the 15 million disabled people not already covered by antidiscrimination legislation would be assessed for jobs on their skills and abilities, not on their disabilities. This article will help you begin to plan for the day that applicant walks in your door.

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Despite advances in equal job opportunity for a number of disenfranchised groups, one group that has continued to suffer both job and economic discrimination is the disabled:

  • Disabled people in the workforce have unemployment rates almost double those of nondisabled people.
  • Two-thirds of disabled Americans between sixteen and sixty-four are not working, and 66 percent of those not working say they would like to work.
  • Disabled workers with thirteen or more years of education earn only 71 percent of the earnings of similarly educated nondisabled workers. Those with less than twelve years of education earn less than one-third the earnings of similarly educated nondisabled workers.1

On 26 July 1990, the Americans with Disabilities Act (ADA) became law. The Act extends the protections afforded under the Rehabilitation Act of 1973 and will eventually affect all firms with fifteen or more full-time employees. In order to help business owners and managers understand the law and respond to its requirements, we will (1) review the background and provisions of the ADA and (2) recommend courses of action for employers.

The Legislative Environment

A series of laws have addressed employment discrimination against various groups. Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, religion, sex, color, and national origin. The 1967 Age Discrimination in Employment Act extends protection to individuals forty years of age and older.... To read the complete article, login or sign-up using the form below.

 
 

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