Disability Discrimination Research Articles

Financial Transactions of People with Disabilities and Consumers-oriented Institutional Improvement -Focusing on Disability Discrimination Act and Financial Consumer Protection Act-

Financial Transactions of People with Disabilities and Consumers-oriented Institutional Improvement -Focusing on Disability Discrimination Act and Financial Consumer Protection Act-

Abusive and Discriminative towards Disability People in the Greatest Showman Movie Directed by Michael Gracey

The objective of this research is to analyze how the abusive and discriminatory behavior portrayed in the movie towards persons with disabilities, as well as the effects of abusive behavior and discrimination. This study used a descriptive-qualitative method, with the primary source being the original video of The Greatest Showman and secondary data coming from books, articles, and journals on the internet. Data collection was carried out by watching films and understanding the movie’s dialogue several times, as well as making observations to deepen issues that are relevant to the main issues being studied, namely abusive behavior and discrimination against persons with disabilities. These results strengthen the analysis using Keashly's theory that two types of abusive behavior were found: physical violence and verbal violence. For discrimination using the theory from the U.S. The Equal Employment Opportunity Commission found several types of discrimination, namely disability discrimination, harassment discrimination, and race/skin color discrimination. The effects of harassment and discrimination are anxiety, violent behavior, psychological problems, marginalization, disempowerment, low self-esteem, and negative behavior.

Using the new disability human rights paradigm to create higher education leadership opportunities

Driven by anti-discrimination laws and a desire to promote human rights, universities have made strategic efforts to support their students with disabilities and provided some support to their staff with disabilities. However, persons with disabilities are not visible in senior leadership positions in universities. It is time for change. The UN Convention on the Rights of Persons with Disabilities (CRPD) has established new human rights expectations that require representation of persons with disabilities across all of society, and at all levels, at percentages which reflect their proportion within the population. Even though States are slow to introduce regulatory reforms to transform society and realize ability equality, some in the higher education sector are seeking to go above compliance and move their institutions, and the broader sector, to a more inclusive place. This paper maps out the efforts led at one Australian institution to use existing structures in disability discrimination laws to provide leadership opportunities for persons with disabilities as a blueprint for further change.

Everything is negotiable, but not for everyone: The role of disability in compensation.

Although research has examined the role of disability in the employment cycle, the compensation stage of this process has remained nascent. Drawing on the bias literature and expectancy violation theory, disability within the context of salary negotiation is examined across three consecutive studies. Study 1, a vignette experiment, found that fictitious job candidates with disabilities received similar initial salary offerings relative to fictitious job candidates without disabilities. Our finding of a pay similarity in the initial salary offering phase of the compensation process raises additional questions of whether those with disabilities ultimately receive lower wages than those without disabilities. To address this question, Study 2 used a computer-simulated negotiation to determine if pay differences among those with and without disabilities originate during the negotiation process. As expected, participants with disabilities negotiated lower salaries, and this effect was exacerbated when perceptions of disability discrimination were higher rather than lower. Finally, in an effort to better advise organizations and employees, Study 3 sought to understand if employees with disabilities experience different outcomes when negotiating salary. Using a vignette experimental design, we found that those with disabilities were offered lower final salaries than those without disabilities and that differences in both social and economic outcomes occur through a lower perceived likelihood that the job candidate will negotiate. Collectively, this research offers novel theoretical insights into the role of disability in the negotiation process and provides recommendations to those with disabilities and organizations on how to approach the compensation process. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

School Resource Officers and Students With Disabilities: Wilson v. City of Southlake (2019)

Given the disproportionate rates of youth with disabilities who experience exclusionary discipline in schools, it is important to consider the involvement of law enforcement officers in the discipline of these students and the students’ right to an equitable education. One recent case of concern was Wilson v. City of Southlake, which clarified that police can be sued for disability discrimination based on their response to a student with a disability under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 where life-threatening circumstances are not present. This finding has implications for schools that involve school resource officers in responding to children who are protected under either of these provisions.

Antimicrobial resistance and genotyping of Mycobacterium leprae in Venezuela

Leprosy is a neglected tropical disease that leads to physical disability and social discrimination. The active surveillance of new cases and vigilance for drug resistance can decrease the incidence, and improve the clinical outcomes of people affected by it. We analyzed, with molecular biology techniques, a set of skin biopsy samples from 25 Venezuelan patients. The patients had been diagnosed with leprosy in 2014 and early 2015, and 15 were relapse cases. The samples were tested for molecular drug resistance to dapsone, rifampicin, and fluoroquinolones. In addition, we performed molecular epidemiology analysis through multiple-locus variable-number tandem repeat analysis (MLVA) and single nucleotide polymorphism (SNP) typing. We did not find evidence of drug resistance and 76% of the samples (n = 16) had isolates belonging to SNP type 3. Genotype profiles allowed us to rule out the possibility of re-infection in a patient with persistent symptoms after treatment, as well as that of household transmission in two more patients. Although our sampling is relatively small, very similar or even identical Mycobacterium leprae genotypes were observed in Miranda State. The presence of this cluster is highly suggestive of high rates of local transmission and, in turn, the need to better control this disease. Finally, the copy number distribution of minisatellite 18–8 in a considerable number of SNP type 3 strains strongly suggests the presence of a sublineage of this disease that is particular to Venezuela.

Not in My Schoolyard: Disability Discrimination in Educational Access

Disabled people constitute the largest minority group in the United States, and disability discrimination is prohibited under federal law. Nevertheless, disability has received limited attention in the sociology of discrimination. We examine disability discrimination in an important gatekeeping interaction: access to public education. In an audit study of more than 20,000 public schools, we sent emails to principals from fictitious prospective parents asking for a school tour, varying the child’s disability status and gender and the parent’s race. Principals were significantly less likely to respond when the child had a disability, especially when the email came from a Black (rather than White) parent. A survey experiment with 578 principals revealed possible mechanisms. Principals viewed disabled students as more likely to impose a significant burden on schools, but disabled Black students faced an additional disadvantage due to stereotypes of their parents, who were perceived to be less valuable future members of the school community in terms of fundraising, volunteering, and other forms of engagement to support the school. Our results highlight that discrimination against people with disabilities begins long before the labor market and illuminate how the intersection between disability and race shapes inequalities in educational access.

Inter-American Court of Human Rights Takes on Disability Discrimination in Relation to the Right to Work

Inter-American Court of Human Rights Takes on Disability Discrimination in Relation to the Right to Work

Perceived Disability Discrimination and the Deficient Equality Act: Interpretive and Legislative Remedies

Abstract The Equality Act 2010 was intended to extend its cover to perceived discrimination, such as dismissing a turbaned Sikh barista under pressure from customers mistaking him for a Muslim. Such mistakes are rooted in stereotyping, fear and prejudice. Disability discrimination is particularly prone to these attitudes, but the Act’s inadequate drafting renders perceived disability discrimination claims exceptionally difficult. This paper suggests some innovative interpretive solutions, but ultimately recommends statutory reform.

Resisting the Disability Gaze in Amy Webb’s Picturebook Awesomely Emma

Recently, the (mis)representation of disability and disabled people has become a key topic of conversation within disability studies. These misrepresentations result from the disability gaze—depicting disability and disabled people in literature and popular culture from the perspective of non-disabled people that often cast disabled people in myriad stereotypical representations. Therefore, this study aims to investigate how the disability gaze is negotiated in Awesomely Emma (2020), a children’s picturebook by Amy Webb, illustrated by Merrilee Liddiard. Drawing on disability studies and visual analysis scholarship, this study highlights how the disability gaze is resisted and destabilized in this picturebook by using staring back—a strategy of resistance developed by disabled people that involves looking back at non-disabled people to demand recognition and resist silencing and marginalization. The study demonstrates how Awesomely Emma employs the process of staring back at the visual and verbal levels as a tool for resistance and activism against the rhetoric of disability discrimination and stigmatization, thereby significantly contributing to disability counternarratives. The significance of this study lies in its manifestation of the role the process of staring back can play in transfiguring entrenched, negative ways of disability representation to propose alternative means of understanding and reimagining disability.

QALYs, Disability Discrimination, and the Role of Adaptation in the Capacity to Recover: The Patient-Sensitive Health-Related Quality of Life Account.

Quality-Adjusted Life Years (QALYs) and Disability-Adjusted Life Years (DALYs) are two of the most commonly used health measures to determine resource prioritization and the population burden of disease, respectively. There are different types of problems with the use of QALYs and DALYs for measuring health benefits. Some of these problems have to do with measurement, for example, the weights they ascribe to health states might fail to reflect with exact accuracy the actual well-being or health levels of individuals. But even if these weights represent accurately the well-being levels of individuals, there is room for questioning whether these measures capture everything that we care about in these cases, or whether there are important issues that they leave out, including considerations of fairness or equality. In this regard, the measures have been criticized for treating the aggregation of small benefits as greater than the aggregation of fewer but bigger benefits,1 for disregarding fair chances in favor of utility maximization,2 and for raising problems when applied in the context of variable population size.3 Perhaps one of the most pervasive ethical issues that has been associated with the use of these measures is the fact that they seem to discriminate against disabled people.4 Since the measures assume that disabled people have lower well-being and a shorter life span, treating a disabled person's medical condition contributes less to the maximization of years of life with good health than treating a non-disabled patient's medical condition.

The Implication of Ectogenesis for Human Dignity and Bioethics

Ectogenesis, developing and nurturing a fetus outside the human body, represents a significant shift in reproductive technologies. It offers several potential benefits, including advancing prenatal medicine, improving neonatal intensive care, and providing a novel pathway toward biological parenthood. This paper scrutinizes the moral and ethical dimensions of Ectogenesis, particularly within the context of Catholic bioethics. It also provides a historical context for Ectogenesis, discussing its development and current state of research. This paper also addresses the potential risks and concerns associated with Ectogenesis, and the ethical implications of Ectogenesis are thoroughly examined, including questions of autonomy, equity, justice, and disability discrimination. The social and legal implications are also explored, including the impact on reproductive choices and the need for regulatory frameworks to address complex ethical questions raised by this technology.

Reasonable Accommodation and Disparate Impact: Clean Shave Policy Discrimination in Today's Workplace.

This article examines Bey v. City of New York - a recent Second Circuit case where four Black firefights suffering from Pseudofolliculitis Barbae (a skin condition causing irritation when shaving which mostly affects Black men) challenged the New York City Fire Department's Clean Shave Policy - with an intersectional approach utilizing legal theories of racial, disability, and religious discrimination.

Older people, discrimination and citizenship: What specific insights in light of disability law on the national and international level?

Our research first delves into the complexity of ageism in law to understand to what extent the existing legal norms are sufficient to encounter the stereotypes linked to old age and the individual as well as systemic discrimination which ensues. According to European and national case law, age is an ambiguous ground of discrimination law and masks the complexity of age discrimination. It seems the scope of the UN Convention on the Rights of People with disabilities overlaps with some difficulties of older people in terms of rights but the CRPD also illustrates how an international convention can be a game changer, creating an impetus to gain insight on the particular characteristics of disability, but not age. The concept of disability discrimination has in turn enriched the way we think of discrimination in a more relational way. In order to prove the inadequacies of the current international legal framework on the human rights of older people, the second part of our study will illustrate how the right to vote exemplifies the challenges of age discrimination in terms of citizenship and full participation of older people in the democratic process, demonstrating the need to adopt a tailored international convention for older individuals.

A Study on the Job Satisfaction Factors of Workers with Disabilities in Sheltered Employment

본 연구는 2019년 장애인고용패널조사(2차 웨이브)자료를 활용하여, 보호고용 장애인근로자의 직무 실태를 파악하고, 직무만족을 결정하는 요인을 분석하였으며, 다중회귀분석을 실시하여, 보호고용 장애인근로자의 직무만족요인을 파악하였다. 보호고용 장애인근로자의 특성을 살펴보면, 남성, 30대 이하, 중하층, 중증장애가 많은 분포를 차지하고 있으며, 대다수가 장애차별을 경험한 것으로 파악되었다. 또한 직무환경에서 비정규직, 낮은 임금수준을 보여 전반적으로 고용상태가 열악한 것으로 나타났다. 다음으로 보호고용 장애인근로자의 직무만족에 영향을 미치는 요인을 분석한 결과, 편의시설 수가 많을수록, 교육수준대비 업무수준이 적합할수록, 정규직일수록, 임금수준이 높을수록, 근무환경이 안전할수록 장애인근로자의 직무만족도가 향상되는 것으로 조사되었다. 상대적 영향력을 살펴보면 교육수준대비 업무수준이 가장 컸고, 다음으로 편의시설 설치, 근무환경의 안전성, 임금수준, 고용형태의 변수 순으로 나타났다. 전반적으로 개인적 특성보다는 직무환경 특성 요인이 보호고용 장애인근로자의 직무만족에 높은 영향력을 보여주고있으며, 이를 통해 보호고용 장애인근로자의직무만족 향상과 고용안정에 대한 정책적 제언을 하였다.This study used data from the 2019 Disabled Employment Panel Survey (2nd Wave) to identify the job status of disabled workers in sheltered employment, analyze the factors that determine job satisfaction, and conduct multiple regression analysis to identify job satisfaction factors for disabled workers in sheltered employment. Looking at the characteristics of disabled workers in sheltered employment, it was found that men, those in their 30s or younger, middle and lower classes, and those with severe disabilities occupy a large distribution, and most of them experienced disability discrimination. In the order of influence on job satisfaction of disabled workers in sheltered employment, the work level was the largest compared to the education level, followed by convenience facility installation, working environment safety, wage level, and employment type variables. Overall, job environment characteristics rather than personal characteristics show a high influence on job satisfaction of disabled workers in sheltered employment, and through this, policy suggestions were made on job satisfaction improvement and employment stability of disabled workers in sheltered employment.

Understanding the implications of article 2 of the Northern Ireland Protocol in the context of EU case law developments

Conscious of the careful balance stemming from the Rights, Safeguards and Equality of Opportunity provisions of the Belfast/Good Friday Agreement 1998, it was clear that human rights guarantees underpinned by European Union (EU) law would be a pivotal aspect of the Protocol on Ireland/Northern Ireland within the Withdrawal Agreement. The commitment is particularly prominent in respect of equality law, as a guarantee that no diminution of rights and equality protections would result from withdrawal from the EU was built into article 2(1) of the Protocol providing for non-diminution of rights in Northern Ireland post-Brexit. The purpose of this article is to identify and analyse recent developments in EU equality case law which may trigger the non-diminution obligation from the entry into force of the Protocol to the date of writing (ie between 1 January 2021 and 1 September 2022). This analysis is underpinned by a systematic case law review to provide an evidence-based analysis of: a) where divergence of equality protection standards is occurring presently; and b) where these concerns are likely to present in the future. The article identifies four substantive areas, namely religious discrimination, disability discrimination, gender equality in the field of pensions and social security, and migration law, which raise significant and complex questions about the practical feasibility of the non-diminution obligation. In light of the thematic case law analysis, the article offers broader reflections on the future direction of article 2 obligations, which could be used to approach the non-diminution commitment prospectively.

Falling short of equal opportunities for persons with disabilities in Trinidad and Tobago: evidence from Equal Opportunity Commission case files

PurposeThe purpose of the study is to examine if the existing legislative framework in Trinidad and Tobago supports equal opportunities and the achievement of fundamental human rights for persons with disabilities seeking to access education, employment, accommodations and goods and services.Design/methodology/approachData were collected from 105 complaints filed with Trinidad and Tobago's Equal Opportunity Commission from 2010 to 2021 regarding disability discrimination. The steps of constant comparison were used to analyse characteristics of each case, complainants' desired outcomes and the actual outcomes of the cases (i.e. withdrawn, closed, forwarded to conciliation or the Equal Opportunity Tribunal).FindingsAcross all cases, persons with disabilities desired access to unavailable services, opportunities for employment or an apology for emotional distress. Cases that were withdrawn reflected missed opportunities to address systemic issues, closed cases reflected a bounded process for redress, and cases advancing to conciliation or the Tribunal required documentation or support.Originality/valueThis study provides insights into how the current policy and its implementation miss opportunities to address discrimination at organisational and systemic levels. Specifically, cases revealed dominant/subordinate dynamics in society and a lack of transparency throughout the system. Authors provide recommendations for policy and systemic change, including addressing gaps in national legislation and adopting strong equality of opportunity and equality of well-being approaches.

Research priorities in the domain of disability - correlation between health and social characteristics. A Polish example.

In each society there functions a group of the disabled who need assistance. The number and character of dysfunctional consequences determine the types of support, characteristics of health, medical and social problems, where a part of them are interdependent. The interdependence of these needs determine the consistency of rehabilitation actions, which result in the improvement of quality of life of disabled persons in their living environment, especially among rural inhabitants. The scientific medical, and sociological literature, as well as binding legal Acts from 1978-2021 were reviewed. Materials from Polish and English databases were analysed. Key words related to disability, its definition, models of disability, disability discrimination, inequalities in medical and social care, health and social needs, maps of needs, satisfaction with medical and social care, and quality of life were used. Despite the fact that disability is a medical-social phenomenon, many reports concern only the treatment of the consequences of diseases, injuries, genetic/congenital or environmental defects. Disability is frequently identified with disease, which is inappropriate. Many researchers dealing with disability focus - quite rightly - on studies concerning social consequences, because they decide about the level of functioning of these persons in society and level of participation. Disability is not only a medical and social problem. Treatment does not end the essence of disability. Only interdisciplinary studies can change the life of these persons regarding great possibilities for their participation.

Ensure compliance with Section 504 as it applies to student‐veterans with disabilities

The advocacy efforts of veterans with disabilities helped lead to the enactment of the Rehabilitation Act of 1973. Too many times, veterans came home from Vietnam only to encounter disability discrimination in employment.

Disability policy and practice in Malawian employment and education.

Malawi is a landlocked country in Southern Africa with a population of 17.5 million. It has taken great strides in addressing disability inequality in recent years. Despite this, Malawian trade unions, educators and disability activists report wide-reaching disability discrimination at an infrastructural and individual level. Situated at the intersections between disability studies and medical sociology, alongside work of postcolonial and Global South scholars, this article highlights how neo-colonial and Anglocentric dominant framings of disability do not necessarily fit the Malawian workforce, as they ignore cultural and structural differences in the causes and maintenance of ill health and disability. Building on interviews with workers with disabilities, trade unionists, educators, government representatives and disability activists in Malawi's two biggest cities, the article emphasises the need to address specific local contexts; while policy asserts a model of social oppression, in practice, disability inclusion requires recognition of the social determinants of disability and inequality, and the economic, political and cultural context within which disability resides. Sharing co-designed approaches to engaging with disability definitions, stigma, language, infrastructure and resources, this article highlights the necessity of grounding disability and medical sociological theory in localised framings and lived experiences.