Affiliations: [a] Department of Rehabilitation Counseling, Virginia Commonwealth University, Richmond, VA, USA
| [b] Department of Physical Medicine and Rehabilitation, Virginia Commonwealth University, Richmond, VA, USA
| [c] Department of Biomedical Engineering, Virginia Commonwealth University, Richmond, VA, USA
Correspondence:
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Address for correspondence: Brian T. McMahon, Ph.D., CRC, Professor, VCU Department of Rehabilitation Counseling, Associate Dean for Research and Innovation, VCU School of Allied Health Professions, Co-founder, Center for Rehabilitation Sciences and Engineering, VCU, PO Box 980330, 730 E. Broad Street, Suite 3068, Richmond, VA 23298-0330, USA. Tel.: +1 804 827 0917; E-mail: btmcmaho@vcu.edu.
Abstract: BACKGROUND: This article derives from data provided by the National EEOC ADA Research Project at VCU. It is intended to document the nature and scope of discrimination as reported to the U.S. Equal Employment Opportunity Commission, the enforcement agency for ADA, by persons with learning disabilities (LD). This article deals with the topic of discrimination “Issues;” i.e., the nature of the violations alleged by Charging Parties with learning disabilities. OBJECTIVE: To ascertain differences in the way people with LD experience workplace discrimination as compared to a general disability population. METHODS: Database mining and descriptive and non-parametric analyses of high-prevalence issues associated with learning disabilities as contrasted with a general disability population. RESULTS: Findings indicate that in general the ranking of high prevalence issues is very similar for both groups. But for six select issues, the proportions of allegations filed by LD and GENDIS groups are markedly different. CONCLUSIONS: These differences show that “more prevalent in LD” discrimination issues tend to involve currently employed workers and have a punitive effect; e.g., disability harassment and intimidation, constructive discharge and discipline. On the positive side, failure to provide reasonable accommodation and outright unlawful discharge are less commonplace for LD charging parties. Currently employed LD workers and employers may benefit from understanding these nuances.
