Question:
I appreciate on "The Long Job
Search for the Disabled." These are the types
of problems that we and our students and clients
must face each day.
I addressed two additional problem areas in an
article in a trial lawyers journal. I am sure most
of us have encountered these areas, but I
thought it may be worth repeating or discussing
for additional insight.
The first issue is one on compensation. U.S.
Government data clearly shows that, on average,
when compared to non disabled persons in the
same job (and with similar educational
background), a person with a disability earns
less money.
The second issue is "worklife expectancy."
Again, the data shows that persons with a
disability, on average, will work significantly less
over their lifetime than a similarly educated non
disabled person. (In both instances these are
persons who work full time, year round).
The economic results of these two issues, taken
together can be astounding.
One of the mediating factors which can lessen
the impact of these two issues is, of course,
education or training. However, education and
training do not completely eliminate the problems
. . . and the discrimination continues.
Answer:
With regard to the legal profession, bear in mind that many lawyers are,
in effect, professional piece rate workers. Plaintiffs' lawyers eat what
they kill. Defense law firms bill by the hour or by the job and to some
extent compensate associates by hours billed, but their freedom to bill
more because it takes a lawyer with a disability longer is constrained by
market forces. To the extent that a lawyer with a disability must work
longer to accomplish the same task, then the diminished compensation
he/she earns may reflect the operation of neutral market forces rather
than discrimination. It may also reflect discrimination. But I would not
presume one explanation is more probably true than the other without more
information.
