4-19-2007 Chatlog Question: Very interesting research! Can this research inform us in our real time efforts in developing jobs for and placing people with disabilities? Admin says: We think so, eg. if industry x shows a high rate of discrimination toward disability y, then you might want to encourage client y to avoid industry x, or give them additional preparation in respect to their ADA employment rights. Question: I suppose I find it interesting re: the judgment of merit. My question would be around employers who require medical exams *before* hiring employees. I wonder how these stack up in terms of claims found to have merit. Admin says: Interesting to me and quite surprising as well is that there are only about 2,500 allegations in our database over an entire 13 year period that relate to prohibitive medical inquiry. The merit rate however is about the same -- 22% Question: Would you give a simple grade as far as the effectiveness of the ADA since its inception? Admin says: This is a great question. My answer may surprise you, generally speaking I would give employers a grade of B+, regrettably I would give plaintives a grade of C-. It is my personal opinion that employers understand their responsibilities a little better than individuals understand their rights. Question: Why do you think that there is less discrimination or merited discriminatory accusations in the smaller businesses in comparison to the larger corporations? Admin says: I don't know. This result runs against logic, because larger employers has far greater HR resources. On the other hand they have much larger work forces to generate complaint activity. Question: I am confused. Do people report straight to the EEOC, or to ADA? Admin says: Complaints are made to the EEOC. ADA is the statute that provides them legal protection. EEOC is the enforcement agency for the ADA. Question: I found it very interesting that gender and women are more discriminated against when it comes to disfiguration. Do we know why that it is? Maybe because we place to much concern with beauty on women. Admin says: The obvious inference is that attractiveness is a far greater consideration in employing women vs. men...no real surprise here. Question: curious, what percentage of allegations stem from drug testing? Admin says: We don't see much drug testing activity under ADA, because that is found under the drug free workplace act. Question: Was there more specific breakout among the various industries, for example specifying individual types of health care or food service? Admin says: Looking at healthcare for example, there is much more discrimination in nursing homes and ICFs vs. hospitals or home health. Question: I have a question about the computer testing that a lot of employers in the area where I work is doing now. I wonder if it is legal because, to me, it is a form of discrimination. For example, if a person can't read but has great work skills, they are passed by for a job they may be qualified for. Admin says: This is a great question. We need to do a trend analysis to see how HIV allegations are changing over time. We have not done that yet. Regarding industry, white collar/ service industry demonstrate more HIV discrimination. Question: I find it interesting that the EEOC has the greatest success in having merit decisions made, over state agencies. Is this related to their funding, their power, or their simple clout as "the enforcement agency"? Admin says: Great question. The EEOC will make a greater effort at mediation than a trial attorney, that's the bottom line. Question: For people w/disfigurement, which gender is most predictive of actual discrimination - male or female? Admin says : Female Question: If an employer is not able to request a pysical before hire, how can they detect diabetes? Admin says: They can not. Most diabetes discrimination occurs in the transportation industry and is centered around restrictions around commercial drivers license. Question: Re: disfigured persons, did you crunch whether the location of the disfigured body part correlated with the perception of discrimination? Admin says: That's a great point. Question: I have a question about the computer testing that a lot of employers in the area where I work is doing now. I wonder if it is legal because, to me, it is a form of discrimination. For example, if a person can't read but has great work skills, they are pa Admin says: Maybe my biggest surprise in doing this research is that there have only been 398 allegations on testing out of 369,000 Question: I wonder why the HIV population is the most discriminated. Is there any study or research conducted about it? Admin says: HIV, epilepsy, MI, substance abuse, have always held the most employer and public hysteria. Question: What can you do as a placement counselor if you find an employer who you believe is violating the ADA? Admin says: As a placement counselor you can do nothing, only the affected applicant or employee can initiate a complaint. Question: Are there significant differences in gender when looking at discrimination other than harassment and disfigurement? Admin says: We will know this in 18 mos. when we complete a gender study in the entire database. Question: Also, re: your saying that hearing impaired, mentally retarded, and TBI have the most harassment claims- who makes these if the individuals aren't comprehending what's happening? Admin says: Yes, the individual themselves make the complaints, but it is curious to me that harassment is so high among pop. that have cognitive or sensory problems. Question: What age group of PWD's receives the most discrimination? Admin says: We'll finish our study of the effects of age in 2008. Question: But MI is not discriminated against as frequently as once thought? Admin says: Correct, our evidence is that actual discrimination is higher among people with physical and sensory disabilities, ie. they have a higher merit rate than the mentally ill. I agree this is a surprise. Question: Would it be wrong for us to walk them through the process though? Admin says: For a counselor to educate the client about the EEOC process is an appropriate question. Question: If your client says they have experienced discrimination and asked for your advice on how to handle the situation how would you as their counselor handle that? Admin says: Good counseling practice requires that we educate our clients about their options and responding to discrimination. Keep in mind however, that there is a big difference between one's perception of discrimination and actual unlawful conduct.