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The employment discrimination experiences of younger and older Americans with cancer under Title I of the Americans with Disabilities Act

Abstract

Purpose

The goal of the research was to describe discrimination, both actual and perceived, that has occurred against younger individuals with cancer (i.e., 35 years of age and under) in comparison with older individuals with cancer (i.e., over age 35) through analysis of the US Equal Employment Opportunity Commission (EEOC) Integrated Mission System (IMS) database.

Methods

An ex post facto, causal comparative quantitative design was used to examine Americans with Disabilities Act Amendments Act (ADAAA) Title I complaints received by the EEOC from younger people with cancer from 2009 through 2016 (n = 1001) in comparison with older people with cancer over the same time period (n = 8874).

Results

Results revealed statistically significant differences in the patterns of issues alleged by the two groups. When compared with older charging parties with cancer, the younger charging parties with cancer had proportionally more individuals who were male and who identified as African American and proportionally fewer individuals who identified as Caucasian.

Conclusions

Younger people with cancer were more likely to allege discrimination in the areas of promotion, training, reinstatement, and referrals to other employers. They were less likely to allege discrimination in the area of benefits. The younger group was also significantly less likely than the older group to find that EEOC investigations of their allegations resulted in merit-based case resolutions, that is, discrimination had indeed occurred.

Implications for Cancer Survivors

Psychosocial programs and vocational programming assisting young adults with career development should focus on the types of discrimination that young adults experience, which is unique compared with older adult cancer survivors.

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References

  1. Kirchhoff AC, Krull KR, Ness KK, Armstrong GT, Park ER, Stovall M, et al. Physical, mental, and neurocognitive status and employment outcomes in the childhood cancer survivor study cohort. Cancer Epidemiology and Prevention Biomarkers. 2011;20(9):1838–49.

    Article  Google Scholar 

  2. Kirchhoff AC, Leisenring W, Krull KR, Ness KK, Friedman DL, Armstrong GT, et al. Unemployment among adult survivors of childhood cancer: a report from the childhood cancer survivors study. Med Care. 2010;48(11):1015–25.

    PubMed  PubMed Central  Article  Google Scholar 

  3. Gurney JG, Krull KR, Kadan-Lottick N, Nicholson HS, Nathan PC, Zebrack B, et al. Social outcomes in the childhood cancer survivor study cohort. J Clin Oncol. 2009;27(14):2390–5.

    PubMed  PubMed Central  Article  Google Scholar 

  4. de Boer AG, Verbeek JH, van Dijk FJ. Adult survivors of childhood cancer and unemployment: a metaanalysis. Cancer. 2006;107(1):1–11.

    PubMed  Article  Google Scholar 

  5. Strauser D, Klosky JL, Brinkman TM, Wong AW, Chan F, Lanctot J, et al. Career readiness in adult survivors of childhood cancer: a report from the St. Jude Lifetime Cohort Study. J Cancer Surviv. 2014;9(1):20–9.

    PubMed  PubMed Central  Article  Google Scholar 

  6. Stergiou-Kita M, Pritlove C, Kirsh B. The “Big C”—stigma, cancer, and workplace discrimination. J Cancer Surviv. 2016;10(6):1035–50.

    PubMed  Article  Google Scholar 

  7. Strauser DR, Jones A, Chiu CY, Tansey T, Chan F. Career development of young adult cancer survivors: a conceptual framework. Journal of Vocational Rehabilitation. 2015;42:2.

    Article  Google Scholar 

  8. Strauser DR, Greco C, O'Sullivan D. Career and lifestyle planning in vocational rehabilitation settings. In: Capuzzi D, Stauffer MD, editors. Career counseling: foundations, perspectives, and applications. 3rd ed. Abingdon: Routledge; 2018.

    Google Scholar 

  9. Feuerstein M, Gehrke AK, McMahon BT, McMahon M. Challenges persist under Americans with Disabilities Act Amendments Act: how can oncology providers help? Journal of oncology practice. 2017;13(5):e385–551.

    Google Scholar 

  10. Rumrill P, Bellini J. Research in rehabilitation counseling. 3rd ed. Springfield, Charles C. Thomas; 2018.

  11. Hurley JE. Merit determinants of ADA Title I allegations involving discharge: implications for human resources management and development. Adv Dev Hum Resour. 2010;12(4):466–83.

    Article  Google Scholar 

  12. McMahon BT, West SL, Hurley JE. Who is a person with a disability under the ADA? Mitigating circumstances, the US Supreme Court, and the case of diabetes. Journal of Vocational Rehabilitation. 2006;24(3):177–82.

    Google Scholar 

  13. McMahon BT, Hurley JE, West SL, Chan F, Roessler R, Rumrill PD. A comparison of EEOC closures involving hiring versus other prevalent discrimination issues under the Americans with Disabilities Act. J Occup Rehabil. 2008;18(2):106–11.

    PubMed  Article  Google Scholar 

  14. Roessler RT, Hurley JE, McMahon BT. A comparison of allegations and resolutions involving issues of discharge versus constructive discharge: implications for diversity management. Adv Dev Hum Resour. 2010;12(4):407–28.

    Article  Google Scholar 

  15. Shaw LR, Chan F, McMahon BT. Intersectionality and disability harassment: the interactive effects of disability, race, age, and gender. Rehabilitation Counseling Bulletin. 2012;55(2):82–91.

    Article  Google Scholar 

  16. West SL. The utilization of vocational rehabilitation services in substance abuse treatment facilities in the US. Journal of Vocational Rehabilitation. 2008;29(2):71–5.

    Google Scholar 

  17. McMahon BT, Edwards R, Rumrill PD, Hursh N. An overview of the national EEOC ADA research project. Work. 2005;25(1):1–7.

  18. Strauser DR, editor. Career development, employment, and disability in rehabilitation: from theory to practice. New York\: Springer Publishing Company; 2013.

    Google Scholar 

  19. Koch LC, Phillip D, Rumrill J. Medical, psychosocial, and vocational aspects of emerging disabilities for rehabilitation. counselors. New York: Springer Publishing; 2017.

    Google Scholar 

  20. Pete JP, Diallo A, Kaya C, Brooks J, Allen M, Bezyak J, et al. Vocational rehabilitation as a public health intervention for young African American men with substance use disorders. Journal of Vocational Rehabilitation. 2015;43(2):149–57.

    Article  Google Scholar 

  21. Draper W, Hawley C, McMahon BT, Reid CA. Workplace discrimination and the record of disability. Journal of Vocational Rehabilitation. 2012;36(3):199–206.

    Article  Google Scholar 

  22. McMahon MC, McMahon BT. The National EEOC ADA research project: history, available data, and basic findings. Journal of Vocational Rehabilitation. 2016;44(3):333–42.

    Article  Google Scholar 

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Correspondence to David R. Strauser.

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Ethical approval

“All procedures performed in studies involving human participants were in accordance with the ethical standards of the institutional and/or national research committee and with the 1964 Helsinki declaration and its later amendments or comparable ethical standards.”

Disclaimer

Records were examined with permission of the Equal Employment Opportunity Commission (EEOC) through an Interagency Personnel Agreement (IPA) and Confidentiality Agreement involving the EEOC, Dr. Brian T. McMahon, and his employer (a state university).

Conflict of interest

The authors declare that they have no conflict of interest.

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Strauser, D.R., Leslie, M.J., Rumrill, P. et al. The employment discrimination experiences of younger and older Americans with cancer under Title I of the Americans with Disabilities Act. J Cancer Surviv 14, 614–623 (2020). https://doi.org/10.1007/s11764-020-00867-x

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  • DOI: https://doi.org/10.1007/s11764-020-00867-x

Keywords:

  • Cancer
  • Workplace Discrimination
  • Vocational Rehabilitation