Disability Discrimination and the Workplace: Second Edition

Citation

Moore, M.E. (2013), "Disability Discrimination and the Workplace: Second Edition", Equality, Diversity and Inclusion, Vol. 32 No. 4, pp. 464-466. https://doi.org/10.1108/EDI-07-2012-0060

In the USA, disability law can be a salient yet obfuscating topic for managers and scholars. Given its importance, Susser and Petesch's objective is to ameliorate the legal knowledge base regarding disability and the workplace. This aim is carried forth through a well‐written and well‐structured analysis consisting of ten chapters.

The authors delineate a clear and easy to follow depiction of disability law. They begin by providing an overview of federal discrimination law first chapter entitled “Overview of federal disability discrimination.” This introduction is followed by chapters designed to contextualize the legislative history of the Americans with Disabilities Act of 1990 (ADA) (Chapter 2) and Rehabilitation Act of 1973 (Chapter 3) into the culture of work. Chapter 4 assesses disability employment law from a state‐to‐state perspective that concludes the beginning section. Susser and Petesch then enlighten the reader on the details of the ADA through delving into a thorough review of protection (Chapter 5), access and accommodation under Title III (Chapter 6) and hiring and reasonable accommodations under Title I (Chapters 7 and 8). Chapter 8 provides content on reasonable accommodations that can have utility to practitioners and scholars as it is a legal area where miscomprehension could frequently appear. In the concluding segment, the authors progress into discourse on the consequential effects by examining the interplay of the ADA and other statues (Chapter 9), and through imparting insight on remedies, proof, strategies and dispute resolution relating to disability law (Chapter 10). An appendix consisting of a listing of legal documents and their related web sites conclude the book.

The book is perceived as an excellent source for law students, graduate students in disability studies courses and legal scholars. In addition, the text could be used in business law courses if the instructor's objective is to offer a comprehensive examination of disability law. Further, the book is intended for lawyers currently practicing with a specialization in disability employment law as well as being deemed an excellent resource for organizational theorists whose interests focus on disability and the workplace.

Susser and Petesch highlight several good points in their discussion of the legalities of disability employment discrimination. First, they call attention to the key provisions of the ADA from its origins with the initial draft through Congressional committee work, hearings, deliberations, amendments and the House and Senate Conference. The historical perspective finishes by noting the final passage and the signing the ADA into law by President George H. W. Bush on July 26, 1990. In addition to the legislative historical account, the authors give a complete examination of disability laws in each of the 50 states. This is integral to the accurate depiction of disability laws since individuals can become confused regarding the scope of employment legislation under state jurisdiction. Alabama and Mississippi are identified as having limited legal recourses for persons with disabilities while California and District of Columbia are recognized as enacting broad legal protection for persons with disabilities. Furthermore, the examination underscores the variation in how disability is defined across states for the purpose of determining the degree of legal protection for those with mental and physical afflictions. Another interesting tidbit, conveyed in the book, is the fact that the definition of the disability under the ADA was extracted from the Rehabilitation and Fair Housing Acts. Further examination emphasizes the linkage between job requirements and selection, particularly the predicate placed on the ability to perform the essential job functions. In other words, the rejection of a person on a basis of a mental or physical disability must be a business necessity to be non‐discriminatory. Finally, Susser and Petesch describe the interplay between the ADA and other legal statues. Specifically, it is insightful to note the interchange between the Social Security Act (SSA) and the ADA. The dilemma exists in defining a disability since SSA requires total disability in order to receive entitlements while the ADA mandates the ability to perform essential job functions. Discourse, therefore, is offered to clearly emphasize the conflicts by utilizing analysis based on case law. Considerations are given to the rationale behind the variation in definitions to inculcate the legal travails impeding efforts to mainstream persons with disabilities in the workplace.

Although each chapter is well prepared and convey interesting content, I will utilize the subsequent paragraphs to disseminate my critique and opinions on selected segments. My favorite chapters are Chapter 3, “Americans with Disabilities Act: legislative history,” Chapter 4, “State disabilities discrimination laws” and Chapter 5 “Disabilities protection under the Americans with Disabilities Act.” As a theorist focussing on organizational practices relating to the employment of persons with disabilities in traditional and non‐traditional industries, I must be well primed in ADA regulations and protection. Consequently, I feel that Chapter 3 increases my comprehension of this important act and my knowledge base of civil rights legislation in general. In my opinion it is particularly interesting to learn of the development and enactment of the legislation in a historical context. The fact that the ADA legislation process was traced through various touch points, including an initial drafting, committee hearings, senate and presidential deliberations, preliminary approvals, congressional debates, amendments and final passage, provided a better perspective regarding the existence of each title and their designations in promoting independence for those with afflictions. Thus, I have come to perceive the ADA as one of most influential civil rights acts of our lifetime. Furthermore, students frequently inquire as to why they must have knowledge on this law. By examining the ADA through the historical “lens,” future managers, administrators, attorneys, social servants and disability right advocates are more apt to relate the legislative significance to their aspiring careers. Given the partisanship that has manifested in the US’ political climate, it is refreshing to learn of the bipartisanship involved in the passage of the law. The authors noticeably illustrate the cooperation between Democrats and Republicans during the formalization.

Another chapter that I like is Chapter 4 “State disability discrimination laws”. A review of this narrative enables insight to be gained regarding which states have been proactive and reactive in establishing legal protection for individuals with disabilities in the workplace. As an active researcher, this information can serve invaluable to my investigative plans as I know where to direct my probing given the particular research problem. As per students, this chapter has utility in showing that disability legislation across states has to be viewed as a fluid rather than a static characteristic. As such, they must be cognizant of the fact that legal protection and remedies could change during career advancements. This may be true even when individual remains with the same employee but is transferred to a unit in another state. In addition to Chapters 3 and 4, I also have a bias toward Chapter 5 “Disabilities protected by the Americans with Disabilities Act.” Specifically, I feel that this section has saliency because defining a disability has been nebulous under the ADA. This has often made the inner workings of managers, attorneys, judges and the courts taxing. Additionally, researchers and scholars have faced challenges because of unclearness surrounding the legal definition of a disability. I know this unsettledness in operationalizing a disability has posed problems in my own research especially in formulating investigative questions. Susser and Petesch effectually contrast disability definitions in Chapter 5 from the Rehabilitation Act, ADA and ADA Amendments Act (ADAAA). The ADAAA was enacted in 2009 by Congress to broaden the legal definition of a disability; thus, the authors’ injection of this statute in to the discussion, as it applies to expression, is helpful in comprehending the accurate legislative meanings.

Despite the aforementioned positives, the book has noticeable limitations. One weakness is its length. A manuscript of 1,518 pages could serve to be an encumbering read for students and others whose objective is to gain a working knowledge of employment laws pertinent to individuals with disabilities. Furthermore, the length could deter the motivation of neophytes to gain additional knowledge on the subject. Another limitation is its price. At the price of $465.00, it cannot be recognized as a value for those students as well as others seeking a general overview. The price could cause specific hardship to students who generally possess limited budgets while facing accelerating tuition and book costs.

Overall, Disability Discrimination and the Workplace is a good read. It is presented in a well‐organized format and filled with many facts that can have utility to the theorist as well the practitioner. Despite its costs, the book can be considered a value to individuals with a serious interest in disability law. If one's scholarly, professional or avocational pursuits meet this criterion then this resource should be on her or his library shelves. In closing, Susser and Petesch make an excellent contribution to the extant literature through delineating a meticulous account of disability statues and their impact on the twenty‐first century workplace.