制定美国残疾人法案(ADA)意识的衡量标准

M. Fusilier, C. Gullett
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引用次数: 1

摘要

目前尚不清楚,大量针对《美国残疾人法》的投诉是源于对残疾人的故意歧视,还是源于雇主、受影响者和一般公众对法律缺乏了解。几乎没有文献存在,经验地解决ADA知识的状态。本研究开发了一种衡量ADA意识的方法。该量表得到因子分析结果的支持。信度系数为0.80。应用这种量表可能有助于辨别对《美国残疾人法》的了解程度,以便采取适当的行动来提高遵守情况。《美国残疾人法案》(ADA)是近十年来通过的最重要的就业立法之一。O'Keefe总结的文献表明,3500万美国人有影响生活活动的残疾[1]。在那些严重和长期受损的人中,580万人处于工作年龄——21岁到64岁之间。年龄在16岁到65岁之间的残疾人中有三分之二目前没有工作,尽管65%的人说如果有机会他们会工作。在那些有工作的人中,他们的收入是正常人的30%到70%。无论性别或教育水平如何,残疾人的失业率都要高得多[2]。除了可能受该法律影响的大量雇员外,只有15个雇主的雇主也受其规定的约束[3]。尽管已经发表了很多©1997,Baywood Publishing Co., Inc. 71 doi: 10.2190/ awa - mthf - l429 - 3uhw http://baywood.com 72 / FUSILIER AND GULLETT解释ADA(例如,[4-6]),但对公众对该法律的认识和了解程度知之甚少。更具体地说,大多数雇主或受《美国残疾人法》保护的人是否意识到自己的权利和义务,这一点远不清楚。由于1964年《民权法案》第七章(经修订)和1973年《康复法案》可以说是《美国残疾人法》构建的最具影响力的指南,因此有很多先例可以用来理解这部法律,即使是在这个相对较早的时期。根据这些背景资料以及法律本身,平等就业机会委员会(EEOC)的指导方针为解释和适用《美国残疾人法》的规定奠定了基础。法院对法律各方面的裁决也开始出现。根据以前的文献,可以推断出法律知识并不广泛。1993年的一项调查结果表明,只有14%的公司称自己熟悉《美国残疾人法》[7]。已经开发的许多ADA培训计划进一步证明了这种熟悉度的缺乏[8]。此外,加州圣巴巴拉的创意银行(Idea Bank of Santa Barbara, CA)还发布了一项测验,以提高人们对残疾的认识[9]。对这类物品的明显需求表明,在这方面需要更多的知识。这一缺陷可能部分解释了对残疾人普遍存在的歧视[1]。为了使法律有效,公众、雇主和受《美国残疾人法》保护的人需要更广泛地了解它。然而,这些群体的实际意识状态尚不清楚。研究目的本研究的目的是开发和评估一种衡量ADA意识的方法。本文书涉及法律的一般规定,法律适用于谁,以及合理的便利。Satcher和Hendren构建了对ADA接受度的衡量标准[10]。然而,在接受或拒绝法律之前,必须了解其存在及其内容。本研究中制定的措施将补充以前作者的措施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Development of a Measure of Americans with Disabilities Act (ADA) Awareness
It is unclear whether the large number of ADA complaints being filed stem from intentional discrimination against the disabled or from a lack of knowledge of the law on the part of employers, those affected, and the general public. Almost no literature exists that empirically addresses the state of ADA knowledge. The present research developed a measure of ADA awareness. The scale was supported by results of a factor analysis. Coefficient alpha reliability was .80. Application of such a scale may be useful in discerning how much is known about the ADA so that appropriate actions may be taken to increase compliance. The Americans with Disabilities Act (ADA) is one of the most important pieces of employment legislation passed in this decade. O'Keefe summarized literature suggesting that thirty-five million Americans have disabilities that interfere with life activities [1]. Of those who are severely and chronically impaired, 5.8 million are of working age—between twenty-one and sixty-four years old. Two-thirds of disabled persons between the ages of sixteen and sixty-five are currently not working, although 65 percent say they would work if given the chance. Of those who are employed, their earnings are 30 to 70 percent of their nondisabled counterparts. Rates of unemployment are much higher for the disabled regardless of gender or educational level [2]. In addition to the tremendous numbers of employees potentially affected by the law, employers with as few as fifteen employers are subject to its provisions [3]. Although much has been published © 1997, Baywood Publishing Co., Inc. 71 doi: 10.2190/AWAT-MTHF-L429-3UHW http://baywood.com 72 / FUSILIER AND GULLETT explaining the ADA (e.g., [4-6]), little is known about the extent of the public's awareness and knowledge of this law. More specifically, it is far from clear that either the majority of employers or those protected by the ADA are aware of their rights and obligations. Because Title VII of the Civil Rights Act of 1964 (as amended) and the Rehabilitation Act of 1973 are arguably the most influential guides to the ADA's construction, much precedent is available for understanding the law, even if tentatively at this relatively early date. Drawing from these background sources as well as the law itself, the Equal Employment Opportunity Commission (EEOC) guidelines have set the stage for the interpretation and application of the ADA's provisions. Court rulings on various aspects of the law are also beginning to emerge. On the basis of previous literature, it might be inferred that knowledge of the law is not extensive. Results of a 1993 survey suggest that only 14 percent of firms described themselves as familiar with the ADA [7]. This lack of familiarity is further evidenced by the many ADA training programs that have been developed [8]. Also, the Idea Bank of Santa Barbara, CA has published a quiz to heighten disability awareness [9]. The apparent demand for such items suggests that there is a need for more knowledge in this area. This deficit may, in part, account for the prevalent discrimination against the disabled [1]. For the law to be effective, the general public, employers, and those protected by the ADA need more extensive knowledge of it. The actual state of awareness of these groups is, however, unclear. PURPOSE OF THE STUDY The intent of this research is to develop and evaluate a measure of ADA awareness. This instrument addresses the general provisions of the law, to whom the law applies, and reasonable accommodation. Satcher and Hendren constructed a measure of acceptance of the ADA [10]. However, before the law can be accepted or rejected, an awareness of its existence and content is necessary. The measure developed in the present study will complement that of the previous authors.
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