Differences in Americans with Disabilities Act Title I discrimination allegations filed by people with learning disabilities and other disabilities

Abstract

BACKGROUND: Workers with learning disabilities (LD) report many barriers to employment, including discrimination on the part of employers. OBJECTIVE: To compare the workplace discrimination experiences of workers with LD to those of people with other disabilities. METHOD: The comparison of the two groups, people with LD and people with other disabilities, concerned three factors: Characteristics of Charging Parties, prominent issues involving the nature of the discrimination allegation, and the outcomes of EEOC investigations at the time of case closure. An ex post facto, causal-comparative quantitative design was used to examine allegations closed following the ADA Amendments Act of 2008 (ADAA). RESULTS: Results revealed statistically significant differences in characteristics of the Charging Parties in the two groups. The LD group was significantly younger, more Caucasian, and more male than general population disabilities (GENDIS). The LD group was less African American, Latina/o, or Asian than GENDIS. Regarding the nature of allegations, the substance of allegations made by the LD group was more likely to involve matters of disability harassment, discipline, hiring, constructive discharge, training, and promotion. The LD group was less likely to file allegations involving reasonable accommodation, assignment, and layoff. CONCLUSION: Workers with learning disabilities experience high rates of employment discrimination, and the types of discrimination they experience are different than those experienced by people with other disabilities.