Merit Determinants of ADA Title I Allegations Involving Discharge: Implications for Human Resources Management and Development

Abstract

Nonparametric tests of proportion were performed comparing discharge resolutions (the most prevalent discrimination issue filed with the EEOC between 1992 and 2008) with resolutions of a composite group of the next most prevalent discrimination issues (reasonable accommodation, terms and condition of employment, harassment and intimidation, and hiring). Results indicated that when an employee files an allegation of discharge discrimination, the resolution status of that allegation is more likely to be without Merit. Two exhaustive chi-square automatic interaction detector (CHAID) analyses were performed, with the first including 44 impairment types (e.g., back, traumatic brain injury, learning disability) and the second including those 44 impairment types combined into six categories (e.g., physical, neurological, sensory, and behavioral impairments). Results of the first exhaustive CHAID proved quite unwieldy but indicated that behavioral disabilities have relatively low merit resolution rates when it comes to discharge allegations (i.e., there is less actual discharge discrimination occurring for persons with behavioral disabilities). One additional finding was that filing discharge discrimination under one of the alternate prongs of the ADA’s definition of disability (i.e., “regarded as a person with a disability,” “record of a disability,” or “association with a person with a disability”) was the main driver of merit resolution activity. Results from a second exhaustive CHAID indicated that in the case of discharge merit resolution activity, employer industry drives the alternate prongs, employee race drives physical impairments, and employer industry drives behavioral impairments. Implications for human resources management and development research and practice are addressed.