We explore the effects of disability discrimination laws on hiring of older workers. A concern with antidiscrimination laws is that they may reduce hiring by raising the cost of terminations and—in the specific case of disability discrimination laws—raising the cost of employment because of the need to accommodate disabled workers. Moreover, disability discrimination laws can affect nondisabled older workers because they are fairly likely to develop work-related disabilities, but are generally not protected by these laws. Using state variation in disability discrimination protections, we find little or no evidence that stronger disability discrimination laws lower the hiring of nondisabled older workers. We similarly find no evidence of adverse effects of disability discrimination laws on hiring of disabled older workers.
AcemogluD.AngristJ. D. (2001). Consequences of employment protection? The case of the Americans with Disabilities Act. Journal of Political Economy, 109, 915–957.
2.
BeegleK.StockW. A. (2003). The labor market effects of disability discrimination laws. Journal of Human Resources, 38, 806–859.
3.
BlochF. (1994). Antidiscrimination law and minority employment. Chicago, IL: University of Chicago Press.
4.
CahillK. E.GiandreaM. D.QuinnJ. F. (2006). Retirement patterns from career employment. The Gerontologist, 46, 514–523.
5.
DeleireT. (2000). The wage and employment effects of the Americans with Disabilities Act. Journal of Human Resources, 35, 693–715.
6.
GardnerR. H.CampanellaC. J. (1991). The undue hardship defense to the reasonable accommodation requirement of the Americans with Disabilities Act of 1990. Labor Lawyer, 7, 37–51.
7.
HamJ. C.LiX.Shore-SheppardL. (2009). Seam bias, multiple-state, multiple-spell duration models and the employment dynamics of disadvantaged women (NBER Working Paper No. 15151). Cambridge, MA: National Bureau of Economic Research.
8.
HotchkissJ. L. (2004). A closer look at the employment impact of the Americans with Disabilities Act. Journal of Human Resources, 39, 887–911.
9.
HoutenvilleA. J.BurkhauserR. V. (2004, 08). Did the employment of people with disabilities decline in the 1990s, and was the ADA responsible? A replication and robustness check of Acemoglu and Angrist (2001). Research and rehabilitation training center for economic research on employment policy for person with disabilities.
10.
JohnsonR. W.KawachiJ.LewisE. K. (2009). Older workers on the move: Recareering in later life. Washington, DC: AARP Public Policy Institute.
11.
JollsC.PrescottJ. J. (2004). Disaggregating employment protection: The case of disability discrimination (NBER Working Paper No. 10740). Cambridge, MA: National Bureau of Economic Research.
12.
KruseD.SchurL. (2003). Employment of people with disabilities following the ADA. Industrial Relations, 42, 31–66.
13.
LaheyJ. (2008). State age protection laws and the Age Discrimination in Employment Act. Journal of Law and Economics, 51, 433–460.
14.
LongA. (2004). State anti-discrimination law as a model for amending the Americans with Disabilities Act. University of Pittsburgh Law Review, 65, 597–653.
15.
NeumarkD.ButtonP. (2014). Did age discrimination protections helps older workers weather the great recession?Journal of Policy Analysis and Management, 33, 566–601.
16.
NeumarkD.SongJ. (2013). Do stronger age discrimination laws make social security reforms more effective?Journal of Public Economics, 108, 1–16.
17.
PosnerR. A. (1995). Aging and old age. Chicago, IL: University of Chicago Press.
18.
RoweJ. W.KahnR. L. (1997). Successful aging. The Gerontologist, 37, 433–40.
19.
StarkmanP. E. (1992). Alleging a ‘pattern or practice’ under ADEA: An analysis of the impact and problems of proof. Labor Lawyer, 8, 91–123.
20.
SternsH. L.MiklosS. M. (1995). The aging worker in a changing environment: Organization and individual issues. Journal of Vocational Behavior, 47, 248–268.
