The Limitations of Disability Antidiscrimination Legislation: Policymaking and the Economic Well-Being of People with Disabilities

38 Pages Posted: 16 Sep 2014

See all articles by Michelle Maroto

Michelle Maroto

University of Alberta - Department of Sociology

David Pettinicchio

University of Toronto

Date Written: October 1, 2014

Abstract

Although Congress passed the Americans with Disabilities Act (ADA) to address, in large part, the declining economic well-being of people with disabilities — twenty years later — the trend has not reversed. To shed light on this puzzle, we use multilevel models to analyze Current Population Survey data from 1988 through 2012 matched with state-level predictors. We take a more nuanced approach than previous research and consider institutional factors related to the creation, enforcement, and interpretation of legislation, as well as individual demographics and employment situations. Our results show continual gaps in employment and earnings by disability status connected to the enactment of state-level antidiscrimination legislation, the number of ADA charges brought to the Equal Employment Opportunity Commission, and the results of ADA court settlements and decisions. Our findings suggest a complex relationship between legislative intent and policy outcomes, showcasing the multilayered institutional aspects behind the implementation of disability antidiscrimination legislation.

Suggested Citation

Maroto, Michelle and Pettinicchio, David, The Limitations of Disability Antidiscrimination Legislation: Policymaking and the Economic Well-Being of People with Disabilities (October 1, 2014). Denver Journal of International Law and Policy, Vol. 36, No. 4, 2014, Available at SSRN: https://ssrn.com/abstract=2496031

Michelle Maroto

University of Alberta - Department of Sociology ( email )

5-21 HM Tory Building
Edmonton, Alberta T6G 2H4
Canada

David Pettinicchio (Contact Author)

University of Toronto ( email )

Sociology
725 Spadina
Toronto, Ontario M5S 2J4
Canada

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