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In both the United States and Great Britain, as well as other countries, people with disabilities are at a considerable disadvantage in terms of employment compared with nondisabled people. Numerous legislations, policies, and measures have been implemented—nationally and internationally—intended to safeguard and promote the realization of disability employment rights, including Article 27 of the United Nations Convention on the Rights of Persons with Disabilities.

In the United States, the 1990 Americans with Disabilities Act prohibited employers from discriminating against qualified persons with disabilities in all aspects of employment. The act required employers to reasonably accommodate persons with disabilities who are either applying for jobs or actively working. Likewise, in Britain, the 1995 Disability Discrimination Act (updated in 2005 and in the 2010 Equality Act) prohibited employers from discriminating against persons with disabilities in all aspects of employment and required them to make reasonable adjustments for applicants and employees with disabilities. Despite these efforts, people with disabilities continue to experience considerably lower rates of employment and to be disproportionately employed in routine, unskilled jobs, compared to their nondisabled counterparts.

A weakness of antidiscrimination legislation, pointed out by disability specialists such as Patricia Thornton and Neil Lunt, is that it depends on individual action to be effective. A recent United Kingdom (UK) survey for the Office for Disability Issues (ODI) found that 48 percent of people with disabilities said that they did not know of any rules, laws, or regulations that prevent people with disabilities from being treated unfairly, and another 32 percent did not think any existed.

Employment Situation

Employment data from both the United States and Great Britain indicate that people with disabilities continue to be engaged in employment at substantially lower rates when compared to nondisabled people. Figures from the U.S. Bureau of Labor Statistics, based on the Current Population Survey (CPS) of 2011, indicate a 48.9 percentage point difference in employment rates between people (over age 16) with disabilities (20.6 percent) and those without disabilities (69.5 percent). Disability is defined in the CPS as a “health problem or disability which prevents [individuals] from working or which limits the kind or amount of work they can do.” Employment rates also vary by type of disability. Figures from the U.S. Census Bureau, based on the American Population Survey of 2009, show that individuals with hearing disability are more likely to be employed compared to those with visual disabilities, followed by individuals with ambulatory, cognitive, self-care, and independent living disabilities.

In 2011, in Britain, 48.8 percent of working-age (16–60 years old for women; 16–65 years old for men) people with disabilities were employed, compared with 77.5 percent of nondisabled people, a gap of almost 29 percentage points. As in the United States, employment rates vary with type of impairment. For example, estimates of employment rates for those with problems of the legs or feet were between 40.3 and 46.2 percent; for those with mental illnesses, they were between 11.5 and 17.7 percent; and for those with severe learning disabilities (U.S. intellectual disabilities) or specific learning disabilities (U.S. learning disabilities), they were between 7.7 and 16.7 percent. Figures are from the UK ODI, obtained from the UK Labour Force Survey that incorporates the 2010 Equality Act definition of disability as “a physical or mental impairment [with] substantial and long-term adverse effect on [one's] ability to carry out normal day-to-day activities.”

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