Slide 1:
National EEOC ADA Research Project  
Brian T. McMahon
Sr. Research Professor, PM&R
Professor, Rehabilitation Counseling, VCU
Recent Findings in Hiring Discrimination
ADA Audio Conference March 18, 2008

Slide 2: 
WHAT’S IN THE DATABASE?
369,182 Title I CLOSED allegations over 13.2 yrs
GROWS @ 5% per year
CHARGING PARTY = PERSON WITH DISABILITY
–	45 unique and known impairments 
–	Race, Gender, Age
RESPONDENT = EMPLOYER
–	20 unique industry groupings (2002 NAICS)
–	Number of Employees
–	LOCATION (DBTAC or Census Region)
ISSUES: 25 unique types of discriminatory behavior
OUTCOME/RESOLUTION:  allegation has/not Merit

Slide 3:
Figure One:  Five major variables of analysis
1) Claimant – Age, race, sex, disability, regarded as, associated with, record of
2) Place – Region where the discrimination took place and charge is filed
3) Employer – Type of Industry and Size of employer
4) Issue:  25 Types of Discrimination divided into 3 categories.
Getting the Job- includes Qualified, Med Exam, Testing, Hiring, Training, Reasonable Accommodation
Work Conditions- includes Wages, Benefits, Job Classification, Work Assignment, Segregated Facilities, Promotion, Demotion, Discipline, Suspension, Intimidation, Harassment, Terms/ Conditions
Keeping the Job includes Discharge, Constructive Discharge, Involuntary Retire, Layoff, Recall, and Reinstatement 
5) Complaint Resolution (Outcome) 
Favors the Individual - Negotiated Settlement, Withdrawal w/ Benefits, Reasonable Cause, Successful Conciliation, No Success Conciliation
Favors the Employer - No Cause, Administrative Closure

Slide 4:
Project Priority Now is to Understand Discrimination “Issues”

Hiring – 20,000
Reasonable Accommodation – 66,000
Discharge/Constructive Discharge – 140,000
Harassment/Intimidation  34,000
Terms/Conditions -  32,000

Slide 5:
“ISSUES” Publications Underway … 
Out of 40 Issues,  
5 ISSUES CONSTITUTE 76% OF DATABASE:
In order of importance to EEOC:
1.  HIRING:  
Most Expensive Remedies (especially Back Pay)
Most Responsible for Low Labor Market Activity Rate
2.  REASONABLE ACCOMMODATION
3.  DISCHARGE/CONSTRUCTIVE DISCHARGE
4.  HARRASSMENT/INTIMIDATION
5.  TERMS/CONDITIONS

Slide 6:
TODAY:  HIRING DECISION, 
LET’S ADD HIRING-RELATED:
•	REINSTATEMENT & RECALL:  7579
•	PROHIBITED MEDICAL INQUIRY:  2423
•	QUALIFICATION STANDARDS:  615
•	TESTING:  398
•	UNION EXCLUSION or SEGREGATION:  372
•	POSTING NOTICES:  193
•	APPRENTICESHIP:  56
•	ADVERTISING:  45
•	TOTAL: 11,681+ 19,528 = 31,029 (still #4)

Slide 7:
For Each Issue … 
CHARACTERISTICS OF CHARGING PARTIES
Impairment, Age, Gender, Ethnicity
CHARACTERISTICS OF EMPLOYERS
Industry, Size, Location
NATURE OF CLOSURE STATUS 
Merit (favors charging party); No-merit (favors employer)
CHAID ANALYSIS:  PREDICTORS OF MERIT
TREND ANALYSIS: HOW DOES HIRING CHANGE OVER TIME?
HIERARCHICAL LINEAR MODELING:  THEORY BUILDING
*** 4 DONE FOR HIRING AND IN PRESS
*** 2 TO BE COMPLETED FOR HIRING BY 7/08

Slide 8:
HIRING DISCRIMINATION:
What we now know
•	HIRING is (distant) 4th largest issue:  n=19,528 
HX1.5=Harassment	HX3=Reas.Accom 	Hx7=Firing
•	Applicants are disproportionately
–	Younger (16-34)
–	More Caucasians
–	More Males
–	More Visibly Disabled:  Physical, Sensory, Neurological

•	Employers are disproportionately 
–	Smaller (<100)
–	More Discriminatory Industries:  Education,           	Transportation and Warehousing, Public Administration,      	Professional, Scientific, and Technical Agriculture, Fishing, Forestry and Hunting, Construction
•	HIGHER MERIT RATE (26% vs. 20.6%)

Slide 9:
THANKS AND …..	 	
Your questions or comments please?……