Abstract
BACKGROUND: In this study, investigators examined the employment
discrimination experiences of older workers (55 and over) with disabilities in comparison
to younger adult workers with disabilities.
OBJECTIVE: To examine age as a differential indicator of demographic
characteristics of the Charging Parties, characteristics of Employers against whom
allegations were filed, the discrimination issues alleged to occur, and the legal outcome
of allegation investigations.
METHODS: The study utilized data from the Integrated Mission System of the
U.S. Equal Employment Opportunity Commission (EEOC).
RESULTS: Findings indicate that allegations filed by older Charging Parties
were more likely to come from males and Caucasians and to involve more nonparalytic
orthopedic, cardiovascular, vision, hearing, endocrinological, respiratory, and other
age-related impairments. Allegations filed by older Charging Parties involved fewer mental
health concerns, substance use disorders, blood and immune disorders, developmental
disabilities, and chronic illnesses such as multiple sclerosis and epilepsy. Allegations
filed by older workers were less likely to involve involuntary termination and more likely
to involve work assignments, the terms and conditions of employment, layoff, and
involuntary retirement. No significant differences in the proportions of allegations were
observed related to the size of respondent employers or the outcomes of the EEOC’s
investigatory process.
CONCLUSIONS: Results suggest that many of the workplace discrimination
experiences of people with disabilities are common across age groups, and that partial
support is evident for ‘double jeopardy’ in the treatment of older workers with
disabilities. Implications for policy and practice are discussed.