Workplace discrimination and the record of disability

Abstract

This article documents the employment discrimination experienced by Americans with a record of disability but no current disability, utilizing the Integrated Mission System of the Equal Employment Opportunity Commission (EEOC). Decisions by the EEOC in favor of charging parties with historical disabilities disproportionately exceeded those in favor of charging parties with current disabilities. This finding suggests that discrimination against persons who have only a record of disability persists in the workplace, and that this additional aspect of the definition of the term “disability” is viable.