Chapter 6: Disability and Adverse Impact: Creating Inclusive Selection Practices for Individuals With Disabilities

Individuals with disabilities face many barriers to selection and promotion in the workplace. One such barrier is that (ostensibly) neutral selection practices can adversely impact individuals and groups with disabilities. However, disability-related adverse impact has not been the subject of extensive human resource management (HRM) research, likely due to the challenges in conducting such research. To address this issue, we integrate adverse impact research and legal decisions/perspectives on adverse impact in the context of disability status. That is, we review how the courts and legal scholars have approached disability-related adverse impact in order to provide context that could influence theoretical and methodological perspectives within psychological and HRM research on disability-related adverse impact, which in turn, would facilitate the advancement of this research. We begin by examining the history of the Americans with Disabilities Act [ADA] discrimination legislation and case law. Next, we focus on the potential for common selection tools to produce adverse impact against those with disabilities. Then, we discuss theoretical and practical issues in studying disability-related adverse impact and contrast two legal frameworks, the well-established accommodation framework and less-well-established (in terms of disability) disparate impact framework. We conclude by proposing an agenda for future research that includes potential steps for identifying disability-related adverse impact, ways to address adverse impact within selection contexts, and practical ways to build inclusive selection systems.