Finding the Assumptions in the Law: Social Analytic Jurisprudence, Disability, and Aging Workers

Abstract

Analysis of the current state of research in disability and age discrimination in the workplace shows a field that is lacking in theoretical organization. The literature remains scattered and therefore lacking in solid conclusions about the presence or effect of discrimination in the workplace because of these factors. This discussion encourages the use of social analytic jurisprudence to guide future research in these areas and to serve better those who can use the research findings to effect change in the workplace. After reviewing recent changes in the law in areas of age and disability discrimination, the authors identify gaps in legal assumptions and recommend empirical research that would help replace these holes with knowledge about how people react to older and disabled workers.