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Book part
Publication date: 28 February 2022

Jacqueline H. Stephenson

Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case…

Abstract

Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case arguments, and legislative enactments. Whilst the former has had limited success, the passage of legislation has proved instrumental, not only in containing the perpetration of discrimination based on protected grounds but also in increasing awareness of the disadvantages which result from the disparate treatment meted out to persons as a result of their immutable characteristics. Disabilities are one such grounds. Where legislation exists, it typically prohibits disparate treatment in relation to persons with disabilities in the areas of employment, education, and the provision of goods and services. This chapter analyses a sample of discrimination cases, with claimants who have alleged discrimination based on their diagnosis of autism or a related disorder within the autism spectrum. These cases are within the United Kingdom and have been decided by Employment Tribunals in England. The cases and decisions are held at the office of the Employment Tribunal Service in Suffolk and are accessible via their online repository. The sample of Tribunal cases presented here relate to various employment practices within British workplaces.

Book part
Publication date: 12 June 2018

Megan A. Conway

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the…

Abstract

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society’s obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

Keywords

Book part
Publication date: 19 July 2018

Harold Braswell

This article intervenes in the debate, among US disability rights advocates, about physician-assisted suicide (PAS). Through an ethnographic study, I situate this debate in the…

Abstract

This article intervenes in the debate, among US disability rights advocates, about physician-assisted suicide (PAS). Through an ethnographic study, I situate this debate in the context of the dominant form of end-of-life care in the US hospice. Based on this analysis, I argue that PAS should be an issue of secondary concern to disability rights advocates, and that their primary concern, at the end-of-life, should be the improvement of US hospice care. By thus “putting the ‘right to die’ in its place,” they can achieve consensus among themselves and leverage this consensus to achieve the most substantial advancement of disability rights.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78756-208-0

Keywords

Book part
Publication date: 30 June 2016

Ho Kwan Cheung, Eden King, Alex Lindsey, Ashley Membere, Hannah M. Markell and Molly Kilcullen

Even more than 50 years after the Civil Rights Act of 1964 prohibited discrimination toward a number of groups in employment settings in the United States, workplace…

Abstract

Even more than 50 years after the Civil Rights Act of 1964 prohibited discrimination toward a number of groups in employment settings in the United States, workplace discrimination remains a persistent problem in organizations. This chapter provides a comprehensive review and analysis of contemporary theory and evidence on the nature, causes, and consequences of discrimination before synthesizing potential methods for its reduction. We note the strengths and weaknesses of this scholarship and highlight meaningful future directions. In so doing, we hope to both inform and inspire organizational and scholarly efforts to understand and eliminate workplace discrimination.

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Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-1-78635-263-7

Keywords

Abstract

Details

HR Initiatives in Building Inclusive and Accessible Workplaces
Type: Book
ISBN: 978-1-83867-612-4

Book part
Publication date: 25 November 2019

Melissa Jane Welch

This chapter examines how personal testimonies at four town hall listening sessions on the ADA Amendments Act (ADAAA) proposed regulations reflect and affect the institutional…

Abstract

Purpose

This chapter examines how personal testimonies at four town hall listening sessions on the ADA Amendments Act (ADAAA) proposed regulations reflect and affect the institutional narrative of “who counts” as disabled, and “what counts” as a reasonable accommodation in the United States.

Methods/Approach

I use the full transcripts of four town hall meetings to analyze the stories told.

Findings

Despite changes to public policy intended to broaden the meaning and scope of “disability,” narrative analysis demonstrates how difficult it is to change the fixed and narrow institutionalized beliefs about who counts as “really disabled” and therefore in “real need” of accommodations.

Implications/Value

This study suggests a theoretical framework for conceptualizing disability; highlights the importance of narratives in public policy; and suggests the need for more complex understandings of what constitutes reasonable accommodation of disability in the workplace. The study illustrates the value of a narrative approach to understanding disability policy and policymaking more generally.

Details

New Narratives of Disability
Type: Book
ISBN: 978-1-83909-144-5

Keywords

Book part
Publication date: 30 December 2004

K.G. Jan Pillai

The tremendous relevance of societal discrimination to special education of the learning disabled cannot be gainsaid. Mistreatment of disabled children in public and private…

Abstract

The tremendous relevance of societal discrimination to special education of the learning disabled cannot be gainsaid. Mistreatment of disabled children in public and private educational institutions is a bad reflection on the moral and egalitarian values of the society at large. “Many students, regardless of race, who are deemed eligible to receive special education services [mandated by federal laws] are unnecessarily isolated, stigmatized, and confronted with fear and prejudice” (Losen & Welner, 2001, p. 407). According to the U.S. Congress, “poor African-American children are 2.3 times more likely to be identified by their teacher as having mental retardation than their white counterpart” (20 U.S.C. §1400 (8)(c) Individuals with Disabilities Education Act (IDEA)). Congress has also found that a highly disproportionate number of elementary and secondary special education students are African-Americans (IDEA §1400 (8)(D)) and their social disadvantage stems from “lack of opportunities in training and educational programs, undergirded by the practices in the private sector that impede their full participation in the mainstream society” (IDEA §1400 (10)).

Details

Administering Special Education: In Pursuit of Dignity and Autonomy
Type: Book
ISBN: 978-1-84950-298-6

Book part
Publication date: 4 September 2017

Sara E. Green and Brianna Vice

The Social Model of Disability, which views social and economic barriers rather than individual bodily differences as the main sources of disadvantage faced by people living with…

Abstract

Purpose

The Social Model of Disability, which views social and economic barriers rather than individual bodily differences as the main sources of disadvantage faced by people living with impairments, has gained considerable traction in the literatures of both disability studies and the sociology of disability over the past several decades. Despite this success, however, concern has been expressed that there is a dearth of empirical evidence to back Social Model claims that people with disabilities are not emotionally distressed by their bodily differences or functional limitations, but rather by the layers of social and economic disadvantage imposed on top of their impairments.

Design/Methodology/Approach

Using results of a community survey in a small town in Florida, we examine the degree to which workforce participation and other social and economic disadvantages mediate the relationship between subjective well-being and the presence of functional impairments or self-described disability identity.

Findings

We find that study participants who report functional impairments or identify as disabled report lower levels of subjective well-being than participants who do not. Findings also suggest, however, that these differences in subjective well-being can be explained by lack of workforce participation and other aspects of social inclusion and economic disadvantages that are associated with functional impairment and disability identity. Results indicate that work is one, but not the only, important aspect of community participation that mediates between disability experience and well-being. Results also problematize the conflation of functional impairment and disability identity.

Implications

Findings point to a need for future qualitative and quantitative research to address differences between functional impairment status and disability identity and to evaluate the relative importance of work and other forms of social inclusion and access to economic recourses to the well-being of people living with impairments and disability.

Originality/value

Findings of this study provide empirical support for, but also add complexity to, the Social Model perspective. They can be used to provide guidance to community leaders in terms of ways in which the lives of residents with disabilities might be improved.

Details

Factors in Studying Employment for Persons with Disability
Type: Book
ISBN: 978-1-78714-606-8

Keywords

Book part
Publication date: 20 September 2023

Norimune Kawai

In 2014, Japan ratified the CRPD, which spurred to the development of domestic laws; however, the education section of the Convention does not clarify how to educate children with…

Abstract

In 2014, Japan ratified the CRPD, which spurred to the development of domestic laws; however, the education section of the Convention does not clarify how to educate children with disabilities in inclusive education. Thus, while the global inclusive education goal advocated by UNESCO and other bodies concerns education for all, inclusive education in Japan is seen as education for children with disabilities, and the philosophies and practices are very different. Therefore, this chapter introduces the policies and current practices of inclusive education in Japan and discusses the possibilities for school education reform from the perspective of real inclusive education.

Details

Progress Toward Agenda 2030
Type: Book
ISBN: 978-1-80455-508-8

Keywords

Book part
Publication date: 14 August 2023

Vanessa G. B. Gowreesunkar and Shem Wambugu Maingi

Children with disabilities are integral part of the society, but they often confront challenges due to barriers that people throw in their way. As a result, their participations…

Abstract

Children with disabilities are integral part of the society, but they often confront challenges due to barriers that people throw in their way. As a result, their participations in public events are often limited. Despite several treaties and conventions, children with disabilities still face discrimination that spreads into all spheres of life and not much is done to empower them to become resilient. According to the UNICEF Report (2020), children with disabilities are stigmatised and they are often isolated without having a possibility to participate in events and activities of the schools. While the government sector undoubtedly provides the basic support and facilities to them, the rest is often left in the hands of private sectors and NGOs. As a result, it is important to recognise and acknowledge NGO's effort in empowering children with disabilities and integrating them in the society. The African Network for Policy, Research and Advocacy for Sustainability (ANPRAS), an NGO affiliated with the African Union and headquartered in Mauritius never neglected this segment of the society while organising its flagship activities and annual event. Unlike Dowse, Powell, and Weed (2018) who argue that children are mostly undermined as community members, the current study seeks to demonstrate that children have a voice at ANPRAS and those with disability have a louder one. In fact, children with disabilities are gifted with talents and they may live a normal life if they are accepted by the society and if appropriate support is given. Methodologically, the chapter is built on secondary data from documents archived at ANPRAS office. The chapter closes with a concluding note on few implications related to the participation of children with disabilities in public events and ANPRAS activities.

Details

Events Management for the Infant and Youth Market
Type: Book
ISBN: 978-1-80455-691-7

1 – 10 of over 2000