Title 1 of the Americans with Disabilities Act (ADA) protects against employment-related discrimination based on disability. Use of ADA protections by workers with HIV/AIDS has not been investigated. Methods: Using multivariate regression analyses, we compared sociodemographic characteristics (gender, race, age, income, region) of workers who filed charges with the Equal Employment Opportunity Commission alleging HIV discrimination (1992-2000) with characteristics of a nationally representative sample of workers with HIV (drawn from the HIV Cost and Services Utilization Study (HCSUS)). We also compared the charging parties with a subsample of workers with HIV in HCSUS who reported discriminatory experiences in connection with employment. Results: Factors associated with lower likelihood of filing a charge were female sex (Odds Ratio=0.72, p<0.01), black race (OR=0.77, p<0.01), 25 years of age or less (OR=0.36, p<0.01), and residence in the Mountain/Pacific region (OR=0.41, p<0.01). When the comparison group was limited to workers in the HCSUS population who reported discriminatory experiences in the workplace (n=226), these odds ratio decreased further and remained statistically significant, with the exception of black race which was no longer statistically significant. Comment: Women, black, and young workers with HIV are less likely to file charges of employment-related discrimination under the ADA, perhaps because of power relations with their employers, job types, or the costs (personal and monetary) associated with filing a charge. Attempts to control for underlying rates of discrimination accentuate rather than mute the differences, suggesting that special measures may be needed to extend discrimination protections to these vulnerable individuals.
Learning Objectives: At the conclusion of this presentation the attendant will be able to: 1. Articulate the laws and processes under the Americans With Disabilities Act for redressing employment-related discrimination. 2. Describe how workers with HIV/AIDS access these procedures for redressing discrimination. 3. Recognize (and potentially develop further) a novel analytical technique for dealing with medico-legal data
Keywords: HIV/AIDS, Access
Awards: Excellence in Abstract Submission among New Investigators--Award Winner - WinnerPresenting author's disclosure statement:
Organization/institution whose products or services will be discussed: Equal Employment Opportunity Commission
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.