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The Importance of Anti-Discrimination and Workers' Compensation Laws on the Provision of Workplace Accommodations following the Onset of a Disability

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  • Richard V. Burkhauser
  • Maximilian D. Schmeiser
  • Robert R. Weathers II

Abstract

The Americans with Disabilities Act of 1990 (ADA) was the first federal disability-based anti-discrimination law that applied to a broad range of workers. Whereas some studies have focused on its impact on workplace accommodation, this is the first to do so while accounting for previous state anti-discrimination and Workers' Compensation laws. Using data from the Health and Retirement Study, the authors find that prior to the implementation of the ADA, employers were more likely to accommodate workers if their disability onset was work-related and hence likely to be covered by Workers' Compensation laws. State anti-discrimination laws significantly increased accommodations to workers whose disabilities were not work-related, effectively bringing their accommodation rates in line with workers whose disabilities were. Though implementation of the ADA increased accommodation for all workers, the authors point out that failure to account for pre-existing state anti-discrimination and Workers' Compensation laws will underestimate its effect.

Suggested Citation

  • Richard V. Burkhauser & Maximilian D. Schmeiser & Robert R. Weathers II, 2012. "The Importance of Anti-Discrimination and Workers' Compensation Laws on the Provision of Workplace Accommodations following the Onset of a Disability," ILR Review, Cornell University, ILR School, vol. 65(1), pages 161-180, January.
    • Handle: RePEc:sae:ilrrev:v:65:y:2012:i:1:p:161-180
    DOI: 10.1177/001979391206500109
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    References listed on IDEAS

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    2. Barbara Broadway & Sonja C. Kassenboehmer, 2019. "Employment effects of job counseling for disability insurance recipients," Melbourne Institute Working Paper Series wp2019n18, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.
    3. Emmanuel Duguet & Christine Le Clainche, 2016. "Une évaluation de l’impact de l’aménagement des conditions de travail sur la reprise du travail après un cancer," Revue économique, Presses de Sciences-Po, vol. 67(1), pages 49-80.
    4. Sahar Mohammad Abu Bakir, 2017. "The Reality of Applying Human Resources Diversity Management and Its Impact on Workers’ (Performance, Cooperation, Commitment and Loyalty): A Field Study on the Jordanian Food Industry Companies," International Business Research, Canadian Center of Science and Education, vol. 10(3), pages 183-192, March.
    5. Elisabeth Fevang & Simen Markussen & Knut Røed, 2014. "The Sick Pay Trap," Journal of Labor Economics, University of Chicago Press, vol. 32(2), pages 305-336.
    6. Ziebarth, Nicolas R., 2013. "Long-term absenteeism and moral hazard—Evidence from a natural experiment," Labour Economics, Elsevier, vol. 24(C), pages 277-292.
    7. David R. Mann & David C. Stapleton, "undated". "Fiscal Austerity and the Transition to Twenty-First Century Disability Policy: A Road Map," Mathematica Policy Research Reports a469448f0c224f3797e584c8c, Mathematica Policy Research.
    8. Deborah Foster & Mart Masso & Liina Osila, 2021. "Work accommodations and sustainable working: The role of social partners and industrial relations in the employment of disabled and older people in Estonia, Hungary and Poland," European Journal of Industrial Relations, , vol. 27(2), pages 149-165, June.
    9. Atsuko Tanaka, 2021. "The effects of sudden health reductions on labor market outcomes: Evidence from incidence of stroke," Health Economics, John Wiley & Sons, Ltd., vol. 30(6), pages 1480-1497, June.
    10. Schimmel Hyde Jody & Stapleton David C., 2017. "Using the Health and Retirement Study for Disability Policy Research: A Review," Forum for Health Economics & Policy, De Gruyter, vol. 20(2), pages 1-12, December.

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