International Journal of Law and Psychiatry
Stigma as a barrier to employment: Mental disability and the Americans with Disabilities Act
Introduction
This study examines business compliance with the Americans with Disabilities Act (ADA), focusing specifically on the employment of individuals with mental disabilities. In research on another legal “mandate” regarding organizational behavior toward individuals with mental disabilities, Scheid-Cook (1992) demonstrated that mental health organizations manipulated, and in large part created (or enacted), the very legal constraints to which they then adapted. Edelman (1992) found similarly complicated implementation dynamics with regard to other, pre-ADA anti-discrimination laws. If employers do not view those with mental disabilities as employable, or if employers believe that accommodations will be costly or inefficient, they are unlikely to make any meaningful attempt to hire individuals from this traditionally stigmatized group, despite the ADA's provisions to the contrary. Conversely, if employers view the ADA as an important statement of changing social values, or if employers believe that ADA violations will result in heightened litigation risks, they may significantly change their hiring practices, even without concerted enforcement activity.
I begin with a discussion of the ADA and its potential impact on the employment of those with mental disabilities. Unlike many physical disabilities, mental disability is not easily discernable, and one of the more revolutionary aspects of the ADA is that it creates workplace rights for persons with a mental impairments. In addition, mental illness is widely associated with social stigma which is itself a significant barrier to employment for individuals with mental disabilities (Mechanic, 1998). I then report results from a telephone survey of businesses in a large southeastern metropolitan area. The survey utilized both fixed choice and open-ended questions, and addressed employers' understandings of the ADA, their responses to the ADA, their perceptions of the likelihood that ADA violations would incur sanctions, and their practices and attitudes (including stigmatization) toward employees with mental disabilities. Consequently, the data presented contributes to our understanding of the attitudes, agendas and political conditions (i.e. the institutional environment) surrounding the employment of individuals with mental disabilities, as well as the role played by stigma as a barrier to employment.
Section snippets
Employment of individuals with mental disabilities
One of the more novel and revolutionary aspects of the 1990 ADA is its coverage of persons with a mental impairment (any mental or psychological disorder, including mental retardation, developmental disability, organic brain syndrome, emotional or mental illness or specific learning disabilities). However, many do not believe that individuals with mental illnesses, or disabilities, are employable. The Executive Director of the Bazelon Center for Mental Health Law, Leonard S. Rubinstein (1996:
The ADA and mental disability
The ADA represents a federal mandate to end discrimination against those with disabilities (Blanck, 2000); Paul Miller (Commissioner of the Equality Opportunity Commission) views the ADA as a means “to the true vision of an equal society” (Miller, 2000: 11). Title I of the ADA requires that employers make reasonable accommodations for employees with disabilities (Crist & Stoffel, 1992, Essex-Sorlie, 1994, Reed, 1992, West, 1996). Excluded are those whose disability would pose a threat to the
Objectives
This is an descriptive study, designed to evaluate the impact of the ADA on the employment of those with mental disabilities as well as to examine the degree of stigma held by employers and the effect of stigma on conformity to the ADA. The following questions will be examined:
- 1)
What kinds of businesses have hired those with mental disabilities? What factors are associated with employers' decisions to hire such individuals? What specific accommodations have employers made for employees with
Compliance with the ADA and workplace accommodations
Only 15.4 percent of the companies had a specific policy for hiring those with mental disabilities; 67.5 percent stated they had no such policy. Of the ten businesses with a specific polity, 60 percent had developed this policy since the ADA went into effect (40 percent had developed their policy before the ADA went into effect). Only 14.3 percent of the businesses had a specific person or department which oversaw the hiring of those with mental handicaps, and this department was almost always
Conclusions
It is evident that the belief sets employers held about mental illnesses are important to understanding organizational compliance. Many employers articulated common stereotypes of mental illness as a limitation on one's ability to perform many types of work (especially that requiring cognitive skills), or work that was stressful or involved interactions with others. Employers also worried about the dangerousness of employees with mental illness; either a danger to themselves (not to be trusted
References (70)
- et al.
Social distance from the stigmatized: A test of two theories
Social Science & Medicine
(1982) Disability, stigma, and deviance
Social Science & Medicine
(1994)- et al.
Ideology in the clinical context: Chronic illness, ethnicity, and the discourse on normalization
Sociology of Health and Illness
(1989) - et al.
Supported employment for persons who are psychiatrically disabled: An historical and conceptual perspective
Psychosocial Rehabilitation Journal
(1987) Discrimination in psychiatric disability coverage and the Americans with Disabilities Act
Law and Psychiatry
(1998)- et al.
Labeling processes in the organization: Constructing the individual
Research in Organizational Behavior
(1998) Perspectives on work and rehabilitation
Hospital and Community Psychiatry
(1991)Estimating the potential benefits of the ADA on the wages and employment of persons with disabilities
Normalization or “social role” valorization: An adequate philosophy?
Employment, disability and the ADA: Issues in law, public policy and research
(2000)
Mental disorder, work disability, and the law
Series of rulings limit ADA's scope: Stymied advocates turn to Congress
The National Law Journal
The ADA of 1990 and employers with mental impairments: Personal efficacy and the environment
American Journal of Occupational Therapy
Psychiatric illness and work capacity
The iron cage revisited: Institutional isomorphism and collective rationality in organizational fields
American Sociological Review
Hiring decisions for disabled workers: The hidden bias
Rehabilitation Psychology
Legal ambiguity and symbolic structures: Organizational mediation of civil rights law
American Journal of Sociology
Rights, remembrance, and the reconciliation of difference
Law & Society Review
The American with Disabilities Act: I. History, summary and key components
Academic Medicine
Employment interviewer reactions to former mental patients
Journal of Abnormal Psychology
Caring for the chronically mentally ill
Asylums
Making the ADA work for people with psychiatric disabilities
The ADA: Going beyond the law
Academy of Management Executive
Reasonable accommodation for employees with mental disabilities: A mandate for effective supervision?
Behavioral Sciences and the Law
Disability awareness workshop: Helping business comply with the ADA of 1990
The American Journal of Occupational Therapy
Location and stigma: A survey of community attitudes to mental illness: Part I. Enlightenment and stigma
Journal of Mental Health
Helping employers comply with the ADA: An assessment of how the US EEOC is enforcing Title 1 of the ADA
Perceived discomfort associated with working with persons with varying disabilities
Perceptual and Motor Skills
Healthy work
Reasonable accommodation for mental disabilities at work: Legal constructs and practical application
Journal of Psychiatry and Law
Mental patient status, work, and income: An examination of the effects of a psychiatric label
American Sociological Review
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