Diversity and Disability in the Workplace

Table of Contents

CHAPTER ONE: INTRODUCTION1

Statement of the Problem2

Research Questions3

Significance of the Problem3

Limitations3

CHAPTER TWO: REVIEW OF LITERATURE5

Protecting Individuals with Disabilities5

The Rehabilitation Act of 19736

The Rehabilitation Act vs. the Americans with Disabilities Act7

The Americans with Disabilities Act8

Disability Social Model10

Factors Considered by the Companies16

Diversity Efforts16

Hiring Practices17

Reasonable Accommodations18

CHAPTER THREE: CONCLUSIONS AND RECOMMENDATIONS21

Conclusions21

Recommendations22

REFERENCES23

CHAPTER ONE: INTRODUCTION

Diversity at the workplace plays a very crucial role in ensuring the success of the businesses. However, not all the managements of the businesses properly understand the importance of having a diverse workforce (McCary, 2005). A diverse workforce should mirror its diverse marketplace if it expects to be successful once it is recognized as a diversity initiative. According to Whiting (2001), employers seeking talent often overlook people with disabilities largely as a result of misconceptions and fear.

According to Davis (2005) disability occurs because of lack of ability and therefore, an individual is unable to perform tasks like a normal human being does. This perspective covers all possible health states and degrees of health, both positive and negative. It becomes more than apparent that any individuals could experience a decrement in health that could require an accommodation, such as flexible schedule, medical leave, or modified work (Beverly-Ducker, 2008). The American with Disabilities Act (ADA) of 1990 was designed to ensure those needs were being met in the workplace as a whole. According to McCary (2005), disability affects one in five Americans and can be considered both a primary and secondary dimensions of diversity. It is a minority group that crosses all other diversity dimensions and one that any person can join at any time. In fact individuals with disabilities are considered part of the other group and are often misrepresented in the workplace for several reasons unknown. The hiring practices of many employers are usually pretty basic. Candidates for employment are usually rated upon their job qualifications and prior work experience, but for individuals with disabilities they are not judged by the same criteria (Whiting, 2001). Often times the disabled population is discriminated against by unfair hiring practices, leaving them in the other group in a so-called diverse workforce.

Laws with regards to disability are referred as civil right laws and therefore, much changes are not required in standards with regards to educational or employment settings. “The intent of the Americans with Disabilities Act (ADA) is not to place burden on corporations and small businesses by hiring people who lack the skills and experience needed to do the job” (Coelho, 2007 p. 1735). According the ADA, a disable individual who qualifies with disability can perform tasks and serve the employment position. There have been several groundbreaking cases taken to the Supreme Court that interpret how the ADA is covered. The Civil Rights Law of 1964 and the Rehabilitation Act of 1973 were laws created prior to the ADA being formed and have set the framework for the ADA to exist successfully.

Accommodation of qualified individuals is a third mechanism for including individuals with disabilities in the workforce ...