Affiliations: CAPS Department, University of Maryland, College Park,
MD, USA | Department of Rehabilitation Counseling, Virginia
Commonwealth University, Richmond, VA, USA
Note: [] Address for correspondence: Brian T. McMahon, Ph.D., Professor,
Department of Rehabilitation Counseling, Virginia Commonwealth University, Box
980330, Richmond, VA 23298-0330, USA. Fax: +1 804 828 1321; E-mail:
bmcbull@vcu.edu
Abstract: Data from the Equal Employment Opportunity Commission (EEOC)
Integrated Mission System database were analyzed with specific reference to
allegations of workplace discrimination filed by individuals with cancer under
ADA Title One. These 6,832 allegations, filed between July 27, 1992 and
September 30, 2003, were compared to 167,798 allegations from a general
disability population on the following dimensions: type of workplace
discrimination; demographic characteristics of the charging parties (CPs); the
industry designation, location, and size of employers; and the outcome or
resolution of EEOC investigations. Results showed allegations derived from CPs
with cancer were more likely than those in the general disability population to
include issues involving discharge, terms and conditions of employment,
lay-off, wages, and demotion. Compared to the general disability group, CPs
with cancer were more likely to be female, older, and White. Allegations
derived from CPs with cancer were also more likely to be filed against smaller
employers (15–100 workers) or those in service industries. Finally, the
resolution of allegations by CPs with cancer were more likely to be meritorious
than those filed from the general disability population; that is, actual
discrimination is more likely to have occurred.
