Frontmat.fm Page i Saturday, September 16, 2000 1:28 PM E m p l o y m e n t, D i s a b i l i t y, a n d th e A m e ri can s w i th D i sab i l i t i e s Ac t Frontmat.fm Page ii Saturday, September 16, 2000 1:28 PM PSYCHOSOCIAL ISSUES General Editor Eric A Plaut, M.D Advisory Board Solomon Cytrynbaum, Ph.D Kenneth I Howard, Ph.D Alan A Lipton, M.D., M.P.H Thomas F A Plaut, Ph.D., M.P.H Frontmat.fm Page iii Saturday, September 16, 2000 1:28 PM Employment, Disability, and the Americans with Disabilities Act Issues in Law, Public Policy, and Research Edited by Peter David Blanck N orth we ste rn U n ive r si ty Pre s s E van ston, I l l i no i s Frontmat.fm Page iv Saturday, September 16, 2000 1:28 PM Northwestern University Press Evanston, Illinois 60208-4210 Compilation copyright © 2000 by Northwestern University Press “Employing People with Disabilities: Some Cautionary Thoughts for a Second-Generation Civil Rights Statute” copyright © 1997 by Michael Ashley Stein Published 2000 All rights reserved Printed in the United States of America ISBN 0-8101-1688-X (cloth) ISBN 0-8101-1689-8 (paper) Library of Congress Cataloging-in-Publication Data Employment, disability, and the Americans with Disabilities Act: issues in law, public policy, and research / edited by Peter David Blanck p cm Includes bibliographical references and index ISBN 0-8101-1688-X (cloth : acid-free paper) — ISBN 0-8101-1689-8 (pbk : acid-free paper) Handicapped—Employment—Law and legislation—United States Discrimination in employment—Law and legislation—United States Handicapped—Legal status, laws, etc.—United States I Blanck, Peter David, 1957– KF3469.E48 2000 344.7301'59—dc21 00-008840 The paper used in this publication meets the minimum requirements of the American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984 Frontmat.fm Page v Saturday, September 16, 2000 1:28 PM Contents List of Figures and Tables ix Preface xi INTRODUCTION The Evolving ADA Paul Steven Miller Part One: Road Map to ADA Title I CHAPTER I A Road Map for ADA Title I Research 19 Scott Burris and Kathryn Moss CHAPTER II Employing People with Disabilities: Some Cautionary Thoughts for a Second-Generation Civil Rights Statute 51 Michael Ashley Stein CHAPTER III Glass-Ceiling Issues in Employment of People with Disabilities 68 Wendy Wilkinson and Lex Frieden Part Two: Implementing ADA Title I Law CHAPTER IV The Nonevolution of Enforcement under the ADA: Discharge Cases and the Hiring Problem 103 Steven L Willborn CHAPTER V The ADA Employment Discrimination Charge Process: How Does It Work and Whom Is It Benefiting? 118 Kathryn Moss Frontmat.fm Page vi Saturday, September 16, 2000 1:28 PM CHAPTER VI Compliance with the ADA and Employment of Those with Mental Disabilities 146 Teresa L Scheid CHAPTER VII Professional Licensing, Screening for Disabilities, and the ADA 174 Stanley S Herr Part Three: The Economics of ADA Title I CHAPTER VIII The Economics of the Employment Provisions of the Americans with Disabilities Act: Workplace Accommodations 201 Peter David Blanck CHAPTER IX Employer Accommodation of Older Workers with Disabilities: Some Empirical Evidence and Policy Lessons 228 Thomas N Chirikos CHAPTER X Estimating the Potential Benefits of the ADA on the Wages and Employment of Persons with Disabilities 258 Marjorie L Baldwin Part Four: Research on Implementation of ADA Title I CHAPTER XI Genes in the Workplace: New Frontiers for ADA Law, Policy, and Research 285 Robert S Olick CHAPTER XII Occupational Injuries among Workers with Disabilities 315 Craig Zwerling, Nancy L Sprince, Charles S Davis, Robert B Wallace, Paul S Whitten, and Steven G Heeringa CHAPTER XIII Assistive Technology in the Workplace and the Americans with Disabilities Act 329 Heidi M Berven and Peter David Blanck Frontmat.fm Page vii Saturday, September 16, 2000 1:28 PM CHAPTER XIV Attitudes, Behavior, and ADA Title I 356 Mollie Weighner Marti and Peter David Blanck Part Five: Culture and Policy in ADA Title I CHAPTER XV Bodies and Environments: The Cultural Construction of Disability 387 Douglas C Baynton CHAPTER XVI From Colonization to Civil Rights: People with Disabilities and Gainful Employment 412 Karen Hirsch CHAPTER XVII Avoiding Iron-Door Barriers to the Employment of Persons with Developmental Disabilities 432 Tom Walz and Lea Anne Boucher CHAPTER XVIII Completing Stories 447 Steve Thunder-McGuire CONCLUSION ADA at a Crossroads 463 Marca Bristo Author Index to the Chapters Subject Index to the Chapters Notes on Contributors 483 469 477 Frontmat.fm Page viii Saturday, September 16, 2000 1:28 PM Frontmat.fm Page ix Saturday, September 16, 2000 1:28 PM Figures and Tables FIGURES Chapter I A Road Map for ADA Title I Research Figure 1: Dimensions of ADA Title I Policy and Research 22 Figure 2: A Heuristic Model of Multidisciplinary Title I Research 29 Figure 3: Flow Chart of Individual Law Use under Title I 33 Chapter IV The Nonevolution of Enforcement under the ADA Figure 1: ADA Employment Cases 104 Figure 2: ADA Hiring and Discharge Cases 106 Figure 3: Disabilities and the Wage Line 112 Figure 4: Marginal Productivity and Margin of Error 113 Chapter XIII Assistive Technology in the Workplace and the Americans with Disabilities Act Figure 1: Patents Issued between 1977 and 1995 Mentioning Physical, Visual, or Hearing Impairments 336 Figure 2: Patents Mentioning the ADA Classified by Application and Issuance Year 338 Figure 3: Patents Mentioning the ADA Classified by Type 339 TA B L E S Chapter V The ADA Employment Discrimination Charge Process Table 1: Cases Received by Disability Type 124 Table 2: Nature of Allegation 126 Table 3: Outcome of All ADA Employment Discrimination Charges Processed and Closed by EEOC and FEPA Offices through June 30, 1995 128 Table 4: Amount of Benefits 130 Frontmat.fm Page x Saturday, September 16, 2000 1:28 PM Table 5: New Jobs and Reinstatements Resulting from All ADA Employment Discrimination Charges Processed and Closed by EEOC and FEPAs through June 30, 1995 131 Table 6: Benefit Rate by Disability Type 133 134 Table 7: Benefit Rate by Race/Ethnicity and Gender 136 Table 8: High, Average, and Low Benefit EEOC Offices Table 9: High, Average, and Low Benefit FEPA Offices 137 Chapter VI Compliance with the ADA and Employment of Those with Mental Disabilities Table 1: Sample and Response Rate 156 Table 2: Compliance with the ADA 159 162 Table 3: Organizational Factors Affecting Compliance Table 4: Compliance Rationales 164 Table 5: Degree of Discomfort with Various Types of Employees 167 Table 6: Assessment of Stigma against Those with Mental Disabilities 168 Chapter IX Employer Accommodation of Older Workers with Disabilities Table 1: Job Accommodation Frequencies Table 2: Selected Health Characteristics 241 244 Table 3: Determinants of Job Accommodation 246 Table 4: Determinants of Work Status at Follow-Up 248 Appendix: Variable Definitions and Summary Statistics 251 Chapter X Estimating the Potential Benefits of the ADA on the Wages and Employment of Persons with Disabilities Table 1: Impairment Groups 261 Table 2: Sample Statistics for Impairment Groups 267 Table 3: Means and Coefficient Estimates of the Employment Function Table 4: Means and Coefficient Estimates of the Wage Equation 271 Table 5A: Employment and Wage Losses Attributed to Discrimination (Male) 273 Table 5B: Employment and Wage Losses Attributed to Discrimination (Female) 275 269 Index1.fm Page 474 Saturday, September 16, 2000 3:25 PM 474 A U T H O R I ND E X T O T H E C H A P T E R S Mirotznik, 14 Moberly, 14 Moll van Charante, A W., 12 Monahan, J., 6, 14 Montjoy, R., 1, Moore, 14 Morton, Moss, K., 1, 4, 5, 8, 9, 14 Mraz, S J., 13 Mudrick, N R., 1, Mulder, P G W., 12 Mulvey, 14 Munger, P G W., 1, 6, 18 Murphy, J T., 1, Murphy, S., 17 Murphy, T F., 11 Musheno, M C., Nagi, 10 Nappo, 14 Nathanson, 14 Natowicz, 11 Nelkin, D., 11 Nelson, Nestel, G., 9, 10 Neuberg, 14 Nicholson, K M., Nisbett, 14 Noble, J H., Norden, M., 15 Norman, D., 13 Norton, E H., O’Day, Oi, W Y., Olkin, 14 Olson, W., 5, 14 Omvig, 14 Ono, 14 Orcutt, J D., O’Toole, L., 1, Paetzold, R L., Palmquist, 10 Parent, 14 Parry, J., 1, 7, 14 Parsons, T., 16 Pascoe, P., 15 Patterson, 14 Pelka, F., 16 Pendrod, Pennay, 14 Percy, S L., Perlin, 14 Pernick, M S., 15 Petkova, 14 Petroski, H., 13 Pettigrew, 14 Pfeiffer, D., 1, 14 Piliavin, 14 Piven, 17 Pokorski, R J., 11 Polachek, Pollet, 14 Powell, W W., Pressman, J L., 1, Price, 14 Radloff, L S., 12 Rain, 14 Rathbun, 14 Ravaud, J D., Ravid, 6, 14 Ravraud, J F., Rawls, J., 11, 17 Raza, 14 Redenbaugh, R., Reed, K L., Reilly, 14 Reily, N A., Reingold, 10 Revell, G., 17 Rhode, D L., Rhodes, L., 17 Rholes, 14 Ricciardo, 14 Index1.fm Page 475 Saturday, September 16, 2000 3:25 PM A U TH O R I N D E X TO TH E C H A P T E R S Ricoeur, P., 18 Rimmerman, 14 Risucci, 14 Rivera, V R., Roberto, E L., Roberts, 10 Rodgers, D., 16 Rodin, 14 Rogan, P., 17 Rogers, 14 Rosen, 8, 9, 14 Rosenberg, R., 10 Rosenthal, R., 14 Rossi, P H., Rothbart, 14 Rothfels, N., 15 Rothstein, M A., 11 Rothsten, L F., Royal, 10 Rubenstein, 14 Russell, J N., 13, 14 Russett, C E., 15 Rutherglen, G., 3, 8, 11 Ryan, J., 12 Rybski, D., Sanchez, 14 Sarat, A., Sawatzki, 14 Scheid-Cook, T L., 1, 4, 6, Scherer, M J., 13 Schlater, 14 Schneider, 14 Schootman, M A., 12 Schriner, K., 1, 8, 13, 14 Schuman, Scotch, R K., 1, 8, 13 Scott, D., 15 Scott, J., 14, 15 Scott, W R., Seelman, K D., 13 Selmi, M., Seymour, R T., Shah, B V., 12 Shapiro, 14 Sharp, 14 Sheatsley, 14 Sheldon, J R., 13 Sherif, 14 Siegelman, P., 2, Sikes, 14 Simi, L., 15 Simmons, 14 Skolnick, Smith, 14 Snapp, 14 Song, 14 Songer, D R., Sonntag, 14 Spencer, H., 15 Spillman, Sprince, N L., 12 Stanton, E C., 15 Steiner, 14 Stephan, 14 Stern, 10 Stevens, R B., 10 Stewart, 13, 16 Stimson, R J., 10 Stoddard, S., 12 Stoez, 17 Stoffel, V., Stone, D A., 15 Stone, D H., Stone, D L., 6, 14 Storey, K., Strauss, A., Strong, J., 15 Struening, 14 Sugarman, 14 Sullivan, W P., Sunstein, C R., Susman, J., 1, Susser, E., Sutor, S E., 11 Suzman, R., 9, 12 475 Index1.fm Page 476 Saturday, September 16, 2000 3:25 PM 476 A U T H O R I ND E X T O T H E C H A P T E R S Swanson, 14 Takski, R., 15 Talbert, 14 Tamahana, B Z., Taub, Taylor, 3, 14 Thebarge, 14 Theisen, W., 17 Thomas, Thompson, F., Thomson, R G., 15 Thunder-McGuire, S., 16, 18 Tickner, L., 15 Tomiyasu, Y., Tompkins, N C., 13 Trent, J W., 15 Tringo, J L., 1, 10, 14 Triplet, 14 Tripp, 14 Tucker, B P., 1, 7, 10 Turnbull, R H., III, Tyler, T., Ullman, 1, Vanderheiden, G C., 13 Van Horn, C E., 1, Van Meter, D S., 1, Varma, 8, 14 Vash, C., 17 Vaughn, 14 Verzani, M., 13 Ville, I., Waldrop, J., 13 Walker, A., 1, 17 Wall, C., 17 Wallace R B., 12 Walz, T., 6, 7, 10, 17 Wansbrough, N., Weaver, C L., 1, 6, Webber, A., Weber, M C., Wehman, P., 1, 14, 17 Weigel, 14 Weiler, P C., Weiner, 14 Weisgerber, R A., 17 Weiss, J O., 11 Weisskopf, West, J., 3, 9, 10, 17 Westbrook, 14 White, P D., 6, 14 Whitten P S., 12 Wildavsky, J., 1, Wilkinson, 10 Will, G., Willborn, S L., 4, 8, 9, 10 Williams, 14 Willis, 14 Wilson, J Q., 1, Witten, 14 Witz, Wobschall, R., 13 Wolfe, K., 16 Wolfe, W., 8, 16 Wood, R., 16 Wright, 14 Wylde, M A., 13 Yankelovich, Yelin, E H., 6, Yuker, 10, 14 Zanna, 14 Zeager, 10 Zimbardo, 14 Zimmer, 14 Zuboff, S., Zuckerman, D., 6, 14 Zuriff, G E., Zwerling, C., 12 Index2.fm Page 477 Saturday, September 16, 2000 3:28 PM Subject Index to the Chapters References are to chapter numbers, not page numbers accessibility See also assistive technology; barriers to employment; Title III of the ADA barriers, 13 legislation, 13 See also ADA; Title I of the ADA; Title II of the ADA; Title III of the ADA Americans with Disabilities Act of 1990 (ADA), 1, 16 See also assistive technology; patents; Title I of the ADA; Title II of the ADA; Title III of the ADA; Title IV of the ADA; Title V of the ADA backlash, 2, 17 business response toward, compliance, 1, 2, 5, 6, 7, 13, 14, 17 criticism, 1, 2, 4, 8, 9, 10, 14, 17 disincentives to hire, economic opportunities, 2, 9, 13 empirical questions, employers’ awareness, 6, 14, 17 employment opportunities, 2, 5, 17 enactment, enforcement, 1, 2, 3, 11 See also EEOC evaluation, 1, 2, 3, 9, 11, 13, 17 goals, 1, 5, 10, 11, 13, 14, 16, 17 impact, 1, 3, 6, 10, 12, 14, 17 implementation, 3, 9, 11, 12, 13, 17 incentives to hire, interpretation, 3, 11, 14 legal interpretation, 1, 3, 15 legislative history, 4, 11 limitations, litigation See EEOC myths and misconceptions, See also Title I of the ADA passage, policy, 11, 17 provisions, 3, 6, 10, 12, 13, 14, 16 public interest groups, research, 3, 11, 16 supporters of, 1, 2, 8, 10, 13, 14, 17 assistive technology, 13 See also patents ADA, 13 consumers, 13 deÔnition, 13 demand, 13 economic growth, 13 economic opportunities, 13 employment integration, 13 funding for, 13 industry growth, 13 legislation, 13 See also ADA; Title I of the ADA; Title II of the ADA; Title III of the ADA research and development, 13 societal integration, 13 trends and factors in¶uencing, 13 types of assistive technology devices, 13 attitudes toward persons with disabilities See also attitudinal discrimination; barriers to employment employers’ attitudes, 6, 8, 13, 14, 17 factors, 14 impact of Title I of the ADA, 14 societal attitudes, 16 See also disability and culture stigmas, 15 477 Index2.fm Page 478 Saturday, September 16, 2000 3:28 PM 478 SUBJECT INDEX TO THE CHAPTERS attitudinal discrimination, 3, 13, 14, 15, 16, 17 case law, 14 impact, 14, 15 toward persons with disabilities, 1, 2, 3, 5, 8, 11, 13, 14, 15, 16, 17 racism, 2, 15, 17 sexism, 17 and Title I, 14, 17 barriers to employment, 1, 3, 4, 6, 8, 13, 14, 15, 16, 17 See also attitudes toward persons with disabilities; attitudinal discrimination; disability discrimination; employment discrimination “glass ceiling,” 3, 17 minorities versus persons with disabilities, 3, 15 need for future examination, Civil Rights Act of 1964, 1, 14, 15 disincentives to hire, enforcement, hiring charges See EEOC incentives to hire, public interest groups, termination charges See EEOC Title II of the ADA, 2, 3, 4, 5, civil rights law and policy, 3, 7, 16, 17 advocates, 14 afÔrmative action laws, 17 criticism of, 1, 17 history of, 17 persons with disabilities, 13, 16 civil rights movement, 16 ADA impact, 17 and the right to work, 16 disability and culture See also attitudes toward persons with disabilities; attitudinal discrimination disability discrimination, 14, 15, 16 history of, 16 models for viewing, 16 stigmas and stereotypes, 1, 14, 16 See also attitudinal discrimination; barriers to employment disability discrimination, 3, 7, 13, 16, 17, 18 developed through historical storytelling, 16, 18 impact, 14, 18 interaction between disabled and nondisabled, 14, 18 reform strategies, 7, 14 disability law and policy, 1, 2, 3, 10 access to system, ADA litigation See EEOC Age Discrimination in Employment Act, attitudes toward, 1, 14 criticism, 17 discrimination law, See also disability discrimination enforcement, 1, See also EEOC Equal Pay Act, future and trends, 11, 17 goals, 3, 11 history of, 3, 15 HIV, intent and outcome, litigation, nondiscrimination versus afÔrmative action, programming, Social Security Disability Income, 3, 15 disability rights movement, 2, 7, 14, 15, 16 ADA impact, 14 disability versus gender, 15 disability versus race, 14, 15 Index2.fm Page 479 Saturday, September 16, 2000 3:28 PM S U B J E C T I N D E X TO TH E C H A P T E R S and minority rights movement, 14, 15, 16 societal integration, 16 education and training See Title III of the ADA ELSI Program See Program on the Ethical, Legal, and Social Implications of Human Genome Research of the National Human Genome Research Institute employment African-Americans as a workforce, disability employment reform, 17 effect of ADA implementation, 1, 14 employment opportunities for persons with disabilities, 14 integration, 1, 2, 3, 4, 6, 8, 14, 16, 17 isomorphism, occupational injury and persons with disabilities, 12 persons with disabilities as a workforce, trends affecting ADA, women as a workforce, employment discrimination, 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 14, 16 See also attitudinal discrimination; barriers to employment burden of proof, 3, 14 costs incurred, 3, enforcement See EEOC factors in¶uencing, 10, 14 history of, 4, 16 impact of market economy, 17 litigation process, nondiscriminatory employer, potential beneÔts of eliminating, 10, 14 and Title I of the ADA, 14 479 employment law and policy, 10, 17 Equal Pay Act, Fair Labor Standards Act, Equal Employment Opportunity Commission (EEOC), 1, 2, 5, 6, 10, 11 See also ADA; Title I of the ADA, enforcement accommodation charges, ADA litigation, 1, 2, 3, 10, 17 beneÔt rates and EEOC ofÔces, Charge Data System, disability, disability discrimination complaints Ôled, disparate impact, employment claims, 3, enforcement patterns, 4, 5, 13, 17 hiring charges, impact, 4, 5, 17 termination cases, 4, 14 Title I claims, 5, Fair Employment Practices Agency (FEPA), beneÔt rates and FEPA ofÔces, versus EEOC See EEOC impact, genetic discrimination, 11 ADA, 11 attitudes perpetuating, 11 deÔnition, 11 examples, 11 genetic screening, 11 insurance, 11 in the workplace, 11 genetic testing, 11 ADA, 11 civil rights legislation, 11 concerns about use of genetic information, 11 deÔnition, 11 health insurance, 11 Index2.fm Page 480 Saturday, September 16, 2000 3:28 PM 480 SUBJECT INDEX TO THE CHAPTERS reliability, 11 in the workplace, 11 Human Genome Project, 11 See also genetic discrimination genetic diagnosis, 11 genetic difference, 11 impact, 11 implications, 11 medical model See Title I of the ADA, medical model of disability medical testing, ADA, 11 minority groups, 16 minority model See Title I of the ADA, minority model of disability molecular genetics, 11 patents See also assistive technology assistive technology patents, 13 assistive technology patents versus general utility patents, 13 deÔnition, 13 disability discrimination, 13 legislation and policy, 13 trends, 13 persons with disabilities, attitudes of, 14, 16 barriers to societal integration, 16 colonization, 9, 16 employability, 17 employment demographics, 10, 14 employment opportunities, 14 See also employment, integration history of, 3, 15, 17 history of in the workforce, 16 in the humanities, 15 impairments and disabilities, 12, 17 institutionalization, 15, 16 integration into society, 15, 16 See also Title II of the ADA; Title III of the ADA; Title V of the ADA as a labor force, 3, 7, 8, 9, 12, 16, 17 law students, as a minority, 15 myths and misconceptions, 1, 14, 15 See also disability and culture versus other minorities, 2, 17 personal experiences, 16 societal integration, 3, 14, 15, 16 See also barriers to employment types of disabilities and impairments, 6, 10, 14, 15, 17 professional licensing, ADA impact, American Bar Association, attitudinal discrimination, medical licensing, mental health, mental health and disability inquiries, privacy concerns, reform strategies, substance abuse inquiries, Program on the Ethical, Legal, and Social Implications of Human Genome Research of the National Human Genome Research Institute (ELSI Program), 11 public access See Title II of the ADA; Title III of the ADA public accommodations See Title III of the ADA public policy deÔning the problem, evaluating the implementation, evaluating the outcome, Index2.fm Page 481 Saturday, September 16, 2000 3:28 PM S U B J E C T I N D E X TO TH E C H A P T E R S public transportation See Title II of the ADA racism See attitudinal discrimination Rehabilitation Act of 1973, 16 Title VII, 3, 5, 9, 11 sexism See attitudinal discrimination Social Security Disability Income See disability law and policy social welfare policy, 16, 17 criticism of, 17 Education Act, Title I, 17 vocational rehabilitation, 17 Vocational Rehabilitation Act, Title I, 17 Title I of the ADA backlash, 8, 14 case law See EEOC compliance factors, 8, 14 covered under, 3, 8, 14 deÔnition of disability, 1, 2, 3, 8, 10, 11, 14, 15 direct threat, 4, 11 economic implications, economic model of disability, 15 economic opportunities, 8, 14 empirical studies, employers’ attitudes toward, 14 enforcement, See also EEOC; FEPA evaluation, 1, 2, 14 functional limitations model of disability, 15 goals, impact, 1, 5, 8, 14, 17 481 implementation, 5, 6, 8, 14 interpretation, 11, 13 medical model of disability, 14, 16 minority model of disability, 16 myths and misconceptions, 8, 11, 14 provisions and goals, 1, 3, 5, 8, 11, 12, 13, 14, 15 qualiÔed person with a disability, 1, 3, 8, 14 reasonable accommodations, 1, 2, 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, 17 research, undue hardship, 8, Title II of the ADA, 1, 3, examples, 13 provisions, 13 public access, 2, 14, 16 Title III of the ADA See also accessibility; assistive technology education and training, 1, 3, 17 goals and provisions, 13 insurance and beneÔt programs, 1, public access, 2, 3, 7, 17 public accommodations, 14, 16, 17 Title IV of the ADA, 13 Title V of the ADA, United States Patent and Trademark OfÔce, 13 welfare policy See civil rights law and policy; social welfare policy Index2.fm Page 482 Saturday, September 16, 2000 3:28 PM Contribu.fm Page 483 Saturday, September 16, 2000 3:34 PM Notes on Contributors Peter David Blanck (editor) is a professor of law, psychology, and preventive medicine at the University of Iowa He received his doctorate in psychology from Harvard University and his J.D from Stanford Law School, where he served as president of the Stanford Law Review Blanck is the director of the Law, Health Policy, and Disability Center at the Iowa College of Law He is a member of the President’s Committee on the Employment of People with Disabilities and has been a senior fellow of the Annenberg Washington Program, in which capacity he explored the implementation of the Americans with Disabilities Act Marjorie L Baldwin is an associate professor in the Department of Economics at East Carolina University She is the author or coauthor of more than two dozen articles on work disability, return to work following a job-related injury, and labor market discrimination against workers with disabilities She has presented her work on discrimination at the Equal Employment Opportunity Commission, the National Institute on Disability and Rehabilitation Research, and the Social Security Administration Her current research includes a two-year prospective study of the relative cost-effectiveness of chiropractic and physician care for work-related back pain Douglas C Baynton is an assistant professor of history and American Sign Language at the University of Iowa He is the author of Forbidden Signs: American Culture and the Campaign against Sign Language His current project is a history of the concept of disability in the making of American immigration policy since the late nineteenth century He urges any disabled person with an immigration story to contact him Heidi M Berven received her doctorate from Pennsylvania State University, her J.D from the University of Iowa College of Law, and was a postdoctoral 483 Contribu.fm Page 484 Saturday, September 16, 2000 3:34 PM 484 N O T E S O N C O N T R I BU T O R S research fellow at the Law, Health Policy, and Disability Center She is a patent attorney in a Minneapolis law firm Lea Anne Boucher is a social worker at the Veterans Administration Hospital in Iowa City She is a former director of Wild Bill’s Coffee Shop at the University of Iowa, a special project serving persons with developmental disabilities Marca Bristo is chairperson of the National Council on Disability (NCD), an independent federal agency making recommendations to the president and Congress on issues affecting 54 million Americans with disabilities In its 1986 report Toward Independence, NCD first proposed that Congress should enact a civil rights law for people with disabilities In 1990 the Americans with Disabilities Act was signed into law NCD’s overall purpose is to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability, and to empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society NCD is currently coordinating a multiyear study on the implementation and enforcement of the Americans with Disabilities Act and other civil rights laws Bristo is also the president and chief executive officer of Access Living of Metropolitan Chicago She co-founded and served a two-term presidency for the National Council on Independent Living Scott Burris is a professor of law at the Beasley School of Law, Temple University, in Philadelphia Thomas N Chirikos is a member-in-residence at the H Lee Moffitt Cancer Center and Research Institute and a professor of health policy and management at the College of Public Health, University of South Florida at Tampa He received a doctorate in economics from Ohio State University and has conducted research on the economics of health and medical care Charles S Davis is a professor in the Department of Biostatistics at the University of Iowa His research and teaching interests include categorical data analysis, methods for the analysis of repeated measurements, and clinical trials Lex Frieden, a quadriplegic due to a spinal-cord injury, is the author of books and papers on independent living; the senior vice president of the Institute for Reha- Contribu.fm Page 485 Saturday, September 16, 2000 3:34 PM N O T E S O N C O N T R I BU T O R S 485 bilitation and Research; a professor of physical medicine and rehabilitation at Baylor College of Medicine; the North American vice president of Rehabilitation International; a member of the United Nations Panel of Experts on the Standard Rules for Disability; and the chairman of the American Association of People with Disabilities A former executive director of the National Council on the Handicapped, he was instrumental in the creation of the Americans with Disabilities Act Steven G Heeringa is the director of the Division of Surveys and Technologies at the University of Michigan’s Institute for Social Research (ISR) He has over twenty-four years of statistical design experience directing the development of ISR’s national sample design as well as sample designs for ISR’s major longitudinal and cross-sectional survey programs He has been actively involved in research and publication on sample design methods and procedures such as weighting, variance estimation, and the imputation of missing data that are required in the analysis of sample survey data He has been a teacher of survey sampling methods in the United States and abroad and has served as a sample design consultant to a wide variety of international research programs Stanley S Herr is a professor of law at the University of Maryland School of Law and directs the Clinical Law Office program in disability rights He is also a Mary Switzer Distinguished Research Fellow with the National Institute on Disability and Rehabilitation Research, senior research fellow at the Yale Law School’s Center for International Human Rights, and president of the American Association on Mental Retardation He was formerly a Fulbright Senior Scholar at Tel Aviv University and Hebrew University A graduate of Yale College, Yale Law School, and Oxford University, where he received his doctorate, Herr is also a commissioner on the American Bar Association Commission on Mental and Physical Disability Law and the author of five books and numerous articles on disability rights Karen Hirsch received her doctorate in special education from the University of North Carolina in Chapel Hill in 1984 She has started two centers for independent living and has taught in the Division of Education at Truman State University, Kirksville, Missouri Hirsch is a National Association of State Mental Health Program Directors Fellow at the Missouri Institute of Mental Health in St Louis She is working to promote the study of disability history within the academy; her pathbreaking article “Culture and Disability: The Role of Oral History” was published in Oral History Review in the summer of 1995 Contribu.fm Page 486 Saturday, September 16, 2000 3:34 PM 486 N O T E S O N C O N T R I BU T O R S Mollie Weighner Marti is an assistant in instruction in the University of Iowa Department of Psychology She practices law part time and consults in the area of law and psychology She received her doctorate in psychology from the University of Iowa and her J.D from the Iowa College of Law, where she served as senior articles editor of the Iowa Law Review Paul Steven Miller is a commissioner of the U.S Equal Opportunity Commission In addition, he serves on the Executive Committee of the President’s Committee on the Employment of People with Disabilities and on the Presidential Task Force on Employment of Adults with Disabilities, a governmentwide presidential task force created to develop a national policy to raise the employment rate of adults with disabilities Prior to his confirmation to the EEOC, Miller served as the deputy director of the United States Office of Consumer Affairs and the White House liaison to the disability community Earlier, Miller was the director of litigation for the Western Law Center for Disability Rights, a nonprofit legal services center specializing in disability rights issues; he has also been a law professor He received his J.D from the Harvard Law School Kathryn Moss is a senior research fellow at the Jordan Institute for Families in the School of Social Work at the University of North Carolina at Chapel Hill and a research fellow at the Cecil G Sheps Center for Health Services Research at the University of North Carolina at Chapel Hill Robert S Olick is an associate professor in the Program in Biomedical Ethics and Medical Humanities and in the Department of Family Medicine, University of Iowa College of Medicine, and at the University of Iowa College of Law Teresa L Scheid is an associate professor of sociology at the University of North Carolina and a member of the local Mental Health Association She has published on the work experiences of consumers in supported employment as well as on the effects of unemployment in producing stress and hindering community adjustment She has also published widely on various types of organization processes within mental health centers She continues to investigate the response of businesses to the ADA and is especially interested in how organizations can be more responsive to the unique abilities and needs of consumers Nancy L Sprince is a professor of occupational and environmental health and internal medicine at the University of Iowa and directs the Occupational Med- Contribu.fm Page 487 Saturday, September 16, 2000 3:34 PM N O T E S O N C O N T R I BU T O R S 487 icine Residency Program She is an occupational medicine physician with research interests in epidemiology and prevention of occupational injury and occupational lung diseases Michael Ashley Stein received his doctorate from the University of Cambridge and his J.D from Harvard Law School, where he was the first physically disabled member of the Harvard Law Review Stein is currently a consulting assistant professor at Stanford Law School, where he teaches disability law and federal litigation Steve Thunder-McGuire is an associate professor in curriculum and instruction and program coordinator of art education at the University of Iowa, where he teaches “What Is Storytelling For?” He is a contemporary traditional storyteller who has performed across the United States and in Mexico and Canada His art education research on acts of interpretation has been published widely Robert B Wallace is professor of epidemiology and internal medicine at the University of Iowa’s College of Public Health and Medicine He has been a member of the U.S Preventive Serivces Task Force (USPSTF) and the National Advisory Council on Aging of the National Institutes of Health He is currently a member of the Health Promotion and Disease Prevention Board of the Institute of Medicine, National Academy of Sciences, and a senior advisor to the USPSTF His research focuses on the causes and prevention of disabling conditions of older persons Tom Walz is a professor emeritus of social work at the University of Iowa He is a faculty liaison to Wild Bill’s CoffeeShop, a special-service learning project for adult persons with disabilities, which he founded in 1974 He was featured in two television movies in the early 1980s that told the story of a mentally challenged elderly man who became something of a celebrity before his death His most recent book is The Unlikely Celebrity: Bill Sackter’s Triumph over Disability Paul S Whitten has worked as a data analyst in the College of Medicine at the University of Iowa since 1981 Wendy Wilkinson is an attorney, the project director of the Southwest Disability and Business and Technical Assistance Center, and a principal investigator on Legal Protections for People with Disabilities for the Research and Training Contribu.fm Page 488 Saturday, September 16, 2000 3:34 PM 488 N O T E S O N C O N T R I BU T O R S Center on Managed Care and Disability Both are projects of the Independent Living Research Utilization Program, which is based at the Institute for Rehabilitation and Research She has published articles on the Americans with Disabilities Act and other disability-related issues In 1995 she was appointed clinical assistant professor in the Department of Physical Medicine and Rehabilitation at the Baylor College of Medicine Steven L Willborn is the Cline Williams Professor of Law at the University of Nebraska–Lincoln, where he has been on the faculty since 1979 He has been a Fulbright Scholar at the University of London and a visiting professor at Australian National University, the University of Michigan, and Oxford University He has written several books and articles on discrimination law, employment law, and the law of pensions and employee benefits Craig Zwerling is an occupational physician and injury epidemiologist He is the head of the Department of Occupational and Environmental Health at the University of Iowa College of Public Health and the director of the University of Iowa Injury Prevention Research Center ... observing the hiring process (Blanck and Marti 1996) In the remainder of the chapter, we discuss research needs in the principal domains identiÔed in the model IV The ADAs Characterization of the. .. Employment, disability, and the Americans with Disabilities Act: issues in law, public policy, and research / edited by Peter David Blanck p cm Includes bibliographical references and index ISBN... people from the workplace and social life The solution to these problems lies in modifying the environment and documenting and studying changing attitudes Discrimination against people with disabilities