The Emerging Workforce of Entrepreneurs with Disabilities: Preliminary Study of Entrepreneurship in Iowa

Iowa Law Review

Volumn 85, Issue 5, 2000, Pages 1583-1654

  Blanck, Peter David ^a   Sandler, Leonard A ^a   Schmeling, James L ^a   Schartz, Helen A ^a  

^a NONE

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EID: 0345792357     PISSN: 00210552     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (355)

1. 42 U.S.C. §§ 12101-12113 (1994). See generally Susan Schwochau & Peter David Blanck, The Economics of the Americans with Disabilities Act: Part III - Does the ADA Disable the Disabled?, 21 BERKELEY J. EMP. & LAB. L. 271-313 (2000) (discussing the ADA and these research issues).
2. 29 U.S.C. §§ 2801-2945 (Supp. IV 1998). WIA includes the Rehabilitation Act Amendments of 1998, which amended the Rehabilitation Act of 1973. WIA provides that funds be allocated for entrepreneurial training for adults in the generic workforce development system. See Workforce Investment Act of 1998, tit. I, subtit. B, ch. 5, § 134(d)(4)(D)(vi). Vocational Rehabilitation (VR) systems are to include self-employment services for people with disabilities. See Workforce Investment Act of 1998, tit. IV, §§ 403-404.
3. See PRESIDENTIAL TASK FORCE ON EMPLOYMENT OF ADULTS WITH DISABILITIES, RECHARTING THE COURSE: IF NOT Now, WHEN? (1998) [hereinafter RE- HARTING THE COURSE], available at http://www.dol.gov/dol/_sec/public/programs/ptfead/rechart/sat5PTFEADfinalwp. htm (discussing social attitudes concerning employment, health care, and transportation).
4. See PRESIDENTIAL TASK FORCE ON EMPLOYMENT OF ADULTS WITH DISABILITIES, RECHARTING THE COURSE: IF NOT Now, WHEN? (1998) [hereinafter RE-HARTING THE COURSE], available at http://www.dol.gov/dol/_sec/public/programs/ptfead/rechart/sat5PTFEADfinalwp. htm (discussing social attitudes concerning employment, health care, and transportation).
5. DEP'T OF LABOR, FUTUREWORK: TRENDS AND CHALLENGES FOR THE 21ST CENTURY (1999), available at http://www.dol.gov/dol/asp/public/futurework/report.htm [hereinafter FUTUREWORK] (examining the increasing diversification of the American labor force and its relevance to the development of employment opportunities and employers' competitive labor force strategies).
6. DEP'T OF LABOR, FUTUREWORK: TRENDS AND CHALLENGES FOR THE 21ST CENTURY (1999), available at http://www.dol.gov/dol/asp/public/futurework/report.htm [hereinafter FUTUREWORK] (examining the increasing diversification of the American labor force and its relevance to the development of employment opportunities and employers' competitive labor force strategies).
7. See PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES, SMALL BUSINESS AND SELF-EMPLOYMENT FOR PEOPLE WITH DISABILITIES, at http://www50.pcepd.gov/ pcepd/projects/promotin.htm (last visited Sept. 14, 2000) [hereinafter PRESIDENT'S COMMITTEE].
8. P.R. LIND & CO. FOR PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES, GETTING DOWN TO BUSINESS: A BLUEPRINT FOR CREATING AND SUPPORTING ENTREPRENEURIAL ACTIVITIES FOR INDIVIDUALS WITH DISABILITIES (2000) [hereinafter P.R. LIND & CO., GETTING DOWN TO BUSINESS] (on file with the Iowa Law Review).
9. P.R. LIND & CO. FOR PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES, GETTING DOWN TO BUSINESS: A BLUEPRINT FOR CREATING AND SUPPORTING ENTREPRENEURIAL ACTIVITIES FOR INDIVIDUALS WITH DISABILITIES (2000) [hereinafter P.R. LIND & CO., GETTING DOWN TO BUSINESS] (on file with the Iowa Law Review).
10. See MONTANA UNIVERSITY AFFILIATED RURAL INSTITUTE ON DISABILITIES, SELF-EMPLOYMENT FOR PEOPLE WITH DISABILITIES, at http://ruralinstitute.umt.edu/rtcrural/Selem/ RuSelEm.htm (last visited Sept. 14, 2000) [hereinafter RURAL INSTITUTE] (describing extensive program of study and findings).
11. See MONTANA UNIVERSITY AFFILIATED RURAL INSTITUTE ON DISABILITIES, SELF- EMPLOYMENT FOR PEOPLE WITH DISABILITIES, at http://ruralinstitute.umt.edu/rtcrural/Selem/ RuSelEm.htm (last visited Sept. 14, 2000) [hereinafter RURAL INSTITUTE] (describing extensive program of study and findings).
12. See id.
13. See id.
14. See id.
15. See generally RE-CHARTING THE COURSE, supra note 4 (discussing efforts to increase the range of employment options available to disabled adults, including self-employment).
16. See generally Workforce Investment Act of 1998, 29 U.S.C. §§ 2801-2945 (Supp. IV 1998) (providing that funds be allocated for entrepreneurial training).
17. This initial portrait is developed in Study I with the use of qualitative research techniques, archival data sources, interviews, and observation techniques. The goal is to identify themes surrounding self-employment and micro-enterprise formation (as illustrated further by the subsequent analysis in Studies II and III).
18. See generally LOUIS HARRIS & ASSOCIATES COMP., 2000 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod. org/hs2000.html [hereinafter 2000 N.O.D./HARRIS SURVEY] (reporting that 68% of people with disabilities are unemployed compared with 19% of people without disabilities); LOUIS-HARRIS & ASSOCIATES COMP., 1998 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod.org/presssurvey.htm [hereinafter 1998 N.O.D./HARRIS SURVEY] (reporting that 71% of people with disabilities were unemployed compared with 21% of people without disabilities).
19. See generally LOUIS HARRIS & ASSOCIATES COMP., 2000 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod. org/hs2000.html [hereinafter 2000 N.O.D./HARRIS SURVEY] (reporting that 68% of people with disabilities are unemployed compared with 19% of people without disabilities); LOUIS-HARRIS & ASSOCIATES COMP., 1998 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod.org/presssurvey.htm [hereinafter 1998 N.O.D./HARRIS SURVEY] (reporting that 71% of people with disabilities were unemployed compared with 21% of people without disabilities).
20. See generally LOUIS HARRIS & ASSOCIATES COMP., 2000 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod. org/hs2000.html [hereinafter 2000 N.O.D./HARRIS SURVEY] (reporting that 68% of people with disabilities are unemployed compared with 19% of people without disabilities); LOUIS-HARRIS & ASSOCIATES COMP., 1998 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod.org/presssurvey.htm [hereinafter 1998 N.O.D./HARRIS SURVEY] (reporting that 71% of people with disabilities were unemployed compared with 21% of people without disabilities).
21. See generally LOUIS HARRIS & ASSOCIATES COMP., 2000 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod. org/hs2000.html [hereinafter 2000 N.O.D./HARRIS SURVEY] (reporting that 68% of people with disabilities are unemployed compared with 19% of people without disabilities); LOUIS-HARRIS & ASSOCIATES COMP., 1998 NATIONAL ORGANIZATION ON DISABILITY/HARRIS SURVEY OF AMERICANS WITH DISABILITIES, available at http://www.nod.org/presssurvey.htm [hereinafter 1998 N.O.D./HARRIS SURVEY] (reporting that 71% of people with disabilities were unemployed compared with 21% of people without disabilities).
22. See U.S. CENSUS BUREAU, CURRENT POPULATION SURVEY (1998), at http://www.census. gov/hhes/www/disable/disabcps.html (defining work disability and stating that individuals are considered to be in the labor force if they are employed, or are not employed but are actively seeking work for pay).
23. Cf. infra notes 160-61 and accompanying text (discussing educational levels of EWD applicants and entrepreneurs).
24. See, e.g., Peter David Blanck, Studying Disability, Employment Policy and the ADA, in AMERICANS WITH DISABILITIES: EXPLORING IMPLICATIONS OF THE LAW FOR INDIVIDUALS AND INSTITUTIONS 209-20 (Leslie Pickering Francis & Anita Silvers eds., 2000) (reviewing studies on employment, the ADA, and disability); Michael Ashley Stein, Labor Markets, Rationality, and Workers with Disabilities, 21 BERKELEY J. EMP. & LAB. L. 314, 314-34 (2000) (same).
25. See, e.g., Peter David Blanck, Studying Disability, Employment Policy and the ADA, in AMERICANS WITH DISABILITIES: EXPLORING IMPLICATIONS OF THE LAW FOR INDIVIDUALS AND INSTITUTIONS 209-20 (Leslie Pickering Francis & Anita Silvers eds., 2000) (reviewing studies on employment, the ADA, and disability); Michael Ashley Stein, Labor Markets, Rationality, and Workers with Disabilities, 21 BERKELEY J. EMP. & LAB. L. 314, 314-34 (2000) (same).
26. JOHN M. MCNEIL, U.S. DEP'T OF COM., CURRENT POPULATION REP. No. P70-33, AMERICANS WITH DISABILITIES: 1991-92, at 62 tbl.24 (1993) [hereinafter MCNEIL, 1991-92 SIPP STUDY].
27. JOHN M. MCNEIL, U.S. DEP'T OF COM., CURRENT POPULATION REP. No. P70-33, AMERICANS WITH DISABILITIES: 1991-92, at 62 tbl.24 (1993) [hereinafter MCNEIL, 1991-92 SIPP STUDY].
28. JOHN M. MCNEIL, U.S. DEP'T OF COM., CURRENT POPULATION REP. No. P70-61, AMERICANS WITH DISABILITIES: 1994-95, at 7 tbl.2 (1997) [hereinafter MCNEIL, 1994-95 SIPP STUDY], available at http://www.census.gov/hhes/www/disable/sipp/disab9495/ds94tl.html. See also H. STEPHEN KAYE, U.S. DEP'T ED., NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH, COMPUTER AND INTERNET USE AMONG PEOPLE WITH DISABILITIES, DISABILITY STATISTICS REPORT (13), at 1-2 (2000) [hereinafter KAYE, COMPUTER AND INTERNET USE] (reporting that among people aged 21-64 with severe functional limitations - a smaller group of individuals compared to those with severe disabilities - employment increased from 27.6% in 1991-92 to 32.2% in 1994-95). SIPP data shows a slight increase in employment of individuals with disabilities (a broader definition than those based on work disabilities).
29. JOHN M. MCNEIL, U.S. DEP'T OF COM., CURRENT POPULATION REP. No. P70-61, AMERICANS WITH DISABILITIES: 1994-95, at 7 tbl.2 (1997) [hereinafter MCNEIL, 1994-95 SIPP STUDY], available at http://www.census.gov/hhes/www/disable/sipp/disab9495/ds94tl.html. See also H. STEPHEN KAYE, U.S. DEP'T ED., NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH, COMPUTER AND INTERNET USE AMONG PEOPLE WITH DISABILITIES, DISABILITY STATISTICS REPORT (13), at 1-2 (2000) [hereinafter KAYE, COMPUTER AND INTERNET USE] (reporting that among people aged 21-64 with severe functional limitations - a smaller group of individuals compared to those with severe disabilities - employment increased from 27.6% in 1991-92 to 32.2% in 1994-95). SIPP data shows a slight increase in employment of individuals with disabilities (a broader definition than those based on work disabilities).
30. JOHN M. MCNEIL, U.S. DEP'T OF COM., CURRENT POPULATION REP. No. P70-61, AMERICANS WITH DISABILITIES: 1994-95, at 7 tbl.2 (1997) [hereinafter MCNEIL, 1994-95 SIPP STUDY], available at http://www.census.gov/hhes/www/disable/sipp/disab9495/ds94tl.html. See also H. STEPHEN KAYE, U.S. DEP'T ED., NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH, COMPUTER AND INTERNET USE AMONG PEOPLE WITH DISABILITIES, DISABILITY STATISTICS REPORT (13), at 1-2 (2000) [hereinafter KAYE, COMPUTER AND INTERNET USE] (reporting that among people aged 21-64 with severe functional limitations - a smaller group of individuals compared to those with severe disabilities - employment increased from 27.6% in 1991-92 to 32.2% in 1994-95). SIPP data shows a slight increase in employment of individuals with disabilities (a broader definition than those based on work disabilities).
31. JOHN M. MCNEIL, U.S. DEP'T OF COM., CURRENT POPULATION REP. No. P70-61, AMERICANS WITH DISABILITIES: 1994-95, at 7 tbl.2 (1997) [hereinafter MCNEIL, 1994-95 SIPP STUDY], available at http://www.census.gov/hhes/www/disable/sipp/disab9495/ds94tl.html. See also H. STEPHEN KAYE, U.S. DEP'T ED., NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH, COMPUTER AND INTERNET USE AMONG PEOPLE WITH DISABILITIES, DISABILITY STATISTICS REPORT (13), at 1-2 (2000) [hereinafter KAYE, COMPUTER AND INTERNET USE] (reporting that among people aged 21-64 with severe functional limitations - a smaller group of individuals compared to those with severe disabilities - employment increased from 27.6% in 1991-92 to 32.2% in 1994-95). SIPP data shows a slight increase in employment of individuals with disabilities (a broader definition than those based on work disabilities).
32. JOHN M. MCNEIL, EMPLOYMENT, EARNINGS, AND DISABILITY (2000), available at http://www.census.gov/hhes/www/disability.html (discussing methodological difficulties in measuring the employment status of persons with disabilities and finding that when assessing individuals' availability for employment, employment rates for persons with disabilities increased from 77% to 80% from 1994 to 1997).
33. Id.; see also 2000 N.O.D./HARRIS SURVEY, supra note 15, at 2 (finding that 56% of individuals with disabilities surveyed who report that they are able to work are working in 2000, as compared to 46% in 1986); id. at 5-6 (finding that 57% of 18-29 year olds with disabilities who are able to work are working, compared to 72% of their nondisabled counterparts).
34. See PETER DAVID BLANCK, THE AMERICANS WITH DISABILITIES ACT AND THE EMERGING WORKFORCE: EMPLOYMENT OF PEOPLE WITH MENTAL RETARDATION 97-98 (1998) [hereinafter BLANCK, EMERGING WORKFORCE] (presenting statistics showing that 44% of the sample moved into more integrated employment settings over the 1990-1996 period, with 7.8% moving into competitive settings, unemployment settings, sheltered work settings, and supportive work settings).
35. See PETER DAVID BLANCK, THE AMERICANS WITH DISABILITIES ACT AND THE EMERGING WORKFORCE: EMPLOYMENT OF PEOPLE WITH MENTAL RETARDATION 97-98 (1998) [hereinafter BLANCK, EMERGING WORKFORCE] (presenting statistics showing that 44% of the sample moved into more integrated employment settings over the 1990-1996 period, with 7.8% moving into competitive settings, unemployment settings, sheltered work settings, and supportive work settings).
36. See 1998 N.O.D./HARRIS SURVEY, supra note 15, at 17 (reporting that in 1986, 39% of disabled individuals responded they had not completed high school, while in 1998, 20% of disabled individuals gave that response).
37. See, e.g., BLANCK, EMERGING WORKFORCE, supra note 23, at 98 (reporting that 47% of study participants showed no change in their employment status between 1990 and 1996); see also Peter David Blanck, Civil War Pensions, Civil Rights, and the Americans with Disabilities Act, 62 OHIO ST. L.J. (forthcoming 2001) (manuscript at 41-44, on file with authors) (discussing portrayal in the press of persons with disabilities).
38. See, e.g., BLANCK, EMERGING WORKFORCE, supra note 23, at 98 (reporting that 47% of study participants showed no change in their employment status between 1990 and 1996); see also Peter David Blanck, Civil War Pensions, Civil Rights, and the Americans with Disabilities Act, 62 OHIO ST. L.J. (forthcoming 2001) (manuscript at 41-44, on file with authors) (discussing portrayal in the press of persons with disabilities).
39. See Exec. Order No. 13,078, 63 Fed. Reg. 13,111 (Mar. 18, 1998) (establishing the National Task Force on Employment of Adults with Disabilities).
40. 1998 N.O.D./HARRIS SURVEY, supra note 15, at 11.
41. This quest has been hampered by a cardinal unanswered question: Who is a person with a disability, and what type of work does she want to do and is capable of doing? For a review of the ADA's definition of disability, see BLANCK, EMERGING WORKFORCE, supra note 23, at 16-27.
42. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 5 (stating that approximately 10,507,000 Americans are self-employed) (citing U.S. SMALL BUS. ADMIN., SMALL BUSINESS: HEART OF THE UNITED STATES ECONOMY, SMALL BUS. PROFILE (1998), at http://www.sba.gov/advo/stats/profiles/98us.html); U.S. SMALL BUS. ADMIN., SMALL BUSINESS ANSWER CARD, at http://www.sba.gov/advo/stats/ec-ansed.html (last visited Aug. 18, 2000) (discussing statistics).
43. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 5 (stating that approximately 10,507,000 Americans are self-employed) (citing U.S. SMALL BUS. ADMIN., SMALL BUSINESS: HEART OF THE UNITED STATES ECONOMY, SMALL BUS. PROFILE (1998), at http://www.sba.gov/advo/stats/profiles/98us.html); U.S. SMALL BUS. ADMIN., SMALL BUSINESS ANSWER CARD, at http://www.sba.gov/advo/stats/ec-ansed.html (last visited Aug. 18, 2000) (discussing statistics).
44. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 5 (stating that approximately 10,507,000 Americans are self-employed) (citing U.S. SMALL BUS. ADMIN., SMALL BUSINESS: HEART OF THE UNITED STATES ECONOMY, SMALL BUS. PROFILE (1998), at http://www.sba.gov/advo/stats/profiles/98us.html); U.S. SMALL BUS. ADMIN., SMALL BUSINESS ANSWER CARD, at http://www.sba.gov/advo/stats/ec-ansed.html (last visited Aug. 18, 2000) (discussing statistics).
45. See OFFICE OF ECON. RES., U.S. SMALL BUS. ADMIN., OFFICE OF ADVOCACY, THE NEW AMERICAN EVOLUTION: THE ROLE AND IMPACT OF SMALL FIRMS (1999), at http://www.sba.gov/ ADVO/stats/evol_pap.html (noting that small firms are the means "by which millions enter the economic and social mainstream of American society"). See generally THOMAS D. BOSTON, AFFIRMATIVE ACTION AND BLACK ENTREPRENEURSHIP (1999) (reviewing black entrepreneurial activity as an opportunity for economic advancement); P. CLARK & T. HUSTON, THE ASPEN INSTITUTE, ASSISTING THE SMALLEST BUSINESSES: ASSESSING MICROENTERPRISE DEVELOPMENT AS A STRATEGY FOR BOOSTING POOR COMMUNITIES (1993) (discussing micro-enterprise strategy for creating jobs).
46. See OFFICE OF ECON. RES., U.S. SMALL BUS. ADMIN., OFFICE OF ADVOCACY, THE NEW AMERICAN EVOLUTION: THE ROLE AND IMPACT OF SMALL FIRMS (1999), at http://www.sba.gov/ ADVO/stats/evol_pap.html (noting that small firms are the means "by which millions enter the economic and social mainstream of American society"). See generally THOMAS D. BOSTON, AFFIRMATIVE ACTION AND BLACK ENTREPRENEURSHIP (1999) (reviewing black entrepreneurial activity as an opportunity for economic advancement); P. CLARK & T. HUSTON, THE ASPEN INSTITUTE, ASSISTING THE SMALLEST BUSINESSES: ASSESSING MICROENTERPRISE DEVELOPMENT AS A STRATEGY FOR BOOSTING POOR COMMUNITIES (1993) (discussing micro-enterprise strategy for creating jobs).
47. See OFFICE OF ECON. RES., U.S. SMALL BUS. ADMIN., OFFICE OF ADVOCACY, THE NEW AMERICAN EVOLUTION: THE ROLE AND IMPACT OF SMALL FIRMS (1999), at http://www.sba.gov/ ADVO/stats/evol_pap.html (noting that small firms are the means "by which millions enter the economic and social mainstream of American society"). See generally THOMAS D. BOSTON, AFFIRMATIVE ACTION AND BLACK ENTREPRENEURSHIP (1999) (reviewing black entrepreneurial activity as an opportunity for economic advancement); P. CLARK & T. HUSTON, THE ASPEN INSTITUTE, ASSISTING THE SMALLEST BUSINESSES: ASSESSING MICROENTERPRISE DEVELOPMENT AS A STRATEGY FOR BOOSTING POOR COMMUNITIES (1993) (discussing micro-enterprise strategy for creating jobs).
48. In the ADA's statement of findings, Congress found: Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; . . . individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society . . . . 42 U.S.C. § 12101(a)(2), (7) (1994).
49. See U.S. SMALL BUS. ADMIN, OFFICE OF ADVOCACY, SMALL BUSINESS PROFILE, 1998, SMALL BUSINESS: HEART OF THE AMERICAN ECONOMY (1998), at http://www.sba. gov/advo/stats/profiles/98us.html [hereinafter SBA, SMALL BUSINESS PROFILE, 1998].
50. See U.S. SMALL BUS. ADMIN, OFFICE OF ADVOCACY, SMALL BUSINESS PROFILE, 1998, SMALL BUSINESS: HEART OF THE AMERICAN ECONOMY (1998), at http://www.sba. gov/advo/stats/profiles/98us.html [hereinafter SBA, SMALL BUSINESS PROFILE, 1998].
51. U.S. SMALL BUS. ADMIN., SMALL BUSINESS ANSWER CARD, at http://www.sba.gov/ advo/stats/ec_anscd.html.
52. SBA, SMALL BUSINESS PROFILE, 1998, supra note 32.
53. Id.
54. Telephone and in-person interviews were conducted with Patti Lind, Iowa's EWD Program Manager, from Aug. 1, 1999 to Sept. 30, 2000 [hereinafter Interviews with Program Manager or Program Staff]. Lind emphasized the creation of businesses that employ between one and nineteen workers. See infra notes 235-36 (discussing interviews with EWD participants that revealed substantial job creation by and for persons with disabilities). Lind estimates that 16% of the 126 businesses that were created in the program's first five years employed other workers.
55. Note that ADA Title I covers businesses with fifteen or more employees. Some contingent work relationships may be covered under ADA Title I. See BLANCK, EMERGING WORKFORCE, supra note 23, at 14 (discussing Title I coverage); Lisa A. Schur, Contingent Employment Among Workers with Disabilities: Barriers and Opportunities 25-26 (Mar. 2000) (unpublished manuscript, on file with authors) (noting that some state disability antidiscrimination employment laws cover contingent workers).
56. Note that ADA Title I covers businesses with fifteen or more employees. Some contingent work relationships may be covered under ADA Title I. See BLANCK, EMERGING WORKFORCE, supra note 23, at 14 (discussing Title I coverage); Lisa A. Schur, Contingent Employment Among Workers with Disabilities: Barriers and Opportunities 25-26 (Mar. 2000) (unpublished manuscript, on file with authors) (noting that some state disability antidiscrimination employment laws cover contingent workers).
57. See Tom Seekins, Rural Economic Development and Vocational Rehabilitation: Lessons from Analyses of Self-Employment as a Vocational Rehabilitation Outcome, in THE ENTREPRENEUR WITH A DISABILITY: SELF-EMPLOYMENT AS A VOCATIONAL GOAL: A REPORT ON THE 19TH MARY E. SWITZER MEMORIAL SEMINAR 43-48 (Leonard G. Perlman & Carl E. Hansen eds., 1996), available at http://www.ruralinstitute.umt.edu/rtcrural/Economic_Development/ Switzer_Monograph. htm.
58. See FUTUREWORK, supra note 5 (finding that disabled people are twice as likely as those without disabilities to be self-employed). See generally Sharon Nelton, Can-Do Attitudes and the Disabled, NATION'S BUS., May 1998 (noting that of 9.4 million sole proprietors in the United States, 1.7 million (18%) reported disability or limitation); Schur, supra note 37, at 9, 23 (discussing these statistics).
59. See FUTUREWORK, supra note 5 (finding that disabled people are twice as likely as those without disabilities to be self-employed). See generally Sharon Nelton, Can-Do Attitudes and the Disabled, NATION'S BUS., May 1998 (noting that of 9.4 million sole proprietors in the United States, 1.7 million (18%) reported disability or limitation); Schur, supra note 37, at 9, 23 (discussing these statistics).
60. Work Group on Small Business and Entrepreneurial Opportunities, in P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23. See also PRESIDENT'S COMMITTEE, supra note 6 (citing these findings and noting that Rehabilitation Services Administration (RSA) statistics for 1997 show that only 2.7% of 223,668 VR clients with successful case closures became self- employed, although between 20-30% of VR clients chose self-employment as an option).
61. Work Group on Small Business and Entrepreneurial Opportunities, in P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23. See also PRESIDENT'S COMMITTEE, supra note 6 (citing these findings and noting that Rehabilitation Services Administration (RSA) statistics for 1997 show that only 2.7% of 223,668 VR clients with successful case closures became self-employed, although between 20-30% of VR clients chose self-employment as an option).
62. See Nancy Sullivan & Abby Cooper, Innovation, Entrepreneurship and Rehabilitation: A Good Partnership for the Twenty-First Century 1 (on file with authors) (citing Arnold and Seekins, Self-Employment as a Vocational Rehabilitation Closure, 5 J. DISABILITY POL'Y STUD. (1994)); LEWIS E. KRAUS & SUSAN STODDARD, CHARTBOOK ON WORK AND DISABILITY IN THE UNITED STATES, 1991 [hereinafter KRAUS & STODDARD, CHARTBOOK] (stating that, in 1988, 12.2% of people with a work disability were self-employed (443,348 out of 3,634,000), compared to 7.8% without a work disability (8,246,550 of 105,725,000), as reported by the 1988 Current Population Survey (CPS)); Thomas W. Hale et al., Persons with Disabilities: Labor Marker Activity, 1994, MONTHLY LAB. REV., Sept. 1998, at 8 (noting that nondisabled people reported being self-employed at a rate of 10.3% (or 10,706,026 people) in nonagricultural employment, 97.4% of these worked the entire month, and 83.4% worked full time in self-employment; people with a moderate disability were self-employed at rates of 13% (1,652,040 people), 97.3% for the full month, and 75.3% full time; the percentage drops to 10.4% (or 439,816 people) for those with severe disabilities, with 92.2% of those self-employed for full month, and 64% self-employed full time).
63. See Nancy Sullivan & Abby Cooper, Innovation, Entrepreneurship and Rehabilitation: A Good Partnership for the Twenty-First Century 1 (on file with authors) (citing Arnold and Seekins, Self-Employment as a Vocational Rehabilitation Closure, 5 J. DISABILITY POL'Y STUD. (1994)); LEWIS E. KRAUS & SUSAN STODDARD, CHARTBOOK ON WORK AND DISABILITY IN THE UNITED STATES, 1991 [hereinafter KRAUS & STODDARD, CHARTBOOK] (stating that, in 1988, 12.2% of people with a work disability were self-employed (443,348 out of 3,634,000), compared to 7.8% without a work disability (8,246,550 of 105,725,000), as reported by the 1988 Current Population Survey (CPS)); Thomas W. Hale et al., Persons with Disabilities: Labor Marker Activity, 1994, MONTHLY LAB. REV., Sept. 1998, at 8 (noting that nondisabled people reported being self-employed at a rate of 10.3% (or 10,706,026 people) in nonagricultural employment, 97.4% of these worked the entire month, and 83.4% worked full time in self-employment; people with a moderate disability were self-employed at rates of 13% (1,652,040 people), 97.3% for the full month, and 75.3% full time; the percentage drops to 10.4% (or 439,816 people) for those with severe disabilities, with 92.2% of those self-employed for full month, and 64% self-employed full time).
64. See Nancy Sullivan & Abby Cooper, Innovation, Entrepreneurship and Rehabilitation: A Good Partnership for the Twenty-First Century 1 (on file with authors) (citing Arnold and Seekins, Self-Employment as a Vocational Rehabilitation Closure, 5 J. DISABILITY POL'Y STUD. (1994)); LEWIS E. KRAUS & SUSAN STODDARD, CHARTBOOK ON WORK AND DISABILITY IN THE UNITED STATES, 1991 [hereinafter KRAUS & STODDARD, CHARTBOOK] (stating that, in 1988, 12.2% of people with a work disability were self-employed (443,348 out of 3,634,000), compared to 7.8% without a work disability (8,246,550 of 105,725,000), as reported by the 1988 Current Population Survey (CPS)); Thomas W. Hale et al., Persons with Disabilities: Labor Marker Activity, 1994, MONTHLY LAB. REV., Sept. 1998, at 8 (noting that nondisabled people reported being self-employed at a rate of 10.3% (or 10,706,026 people) in nonagricultural employment, 97.4% of these worked the entire month, and 83.4% worked full time in self-employment; people with a moderate disability were self-employed at rates of 13% (1,652,040 people), 97.3% for the full month, and 75.3% full time; the percentage drops to 10.4% (or 439,816 people) for those with severe disabilities, with 92.2% of those self-employed for full month, and 64% self-employed full time).
65. See Nancy Sullivan & Abby Cooper, Innovation, Entrepreneurship and Rehabilitation: A Good Partnership for the Twenty-First Century 1 (on file with authors) (citing Arnold and Seekins, Self-Employment as a Vocational Rehabilitation Closure, 5 J. DISABILITY POL'Y STUD. (1994)); LEWIS E. KRAUS & SUSAN STODDARD, CHARTBOOK ON WORK AND DISABILITY IN THE UNITED STATES, 1991 [hereinafter KRAUS & STODDARD, CHARTBOOK] (stating that, in 1988, 12.2% of people with a work disability were self-employed (443,348 out of 3,634,000), compared to 7.8% without a work disability (8,246,550 of 105,725,000), as reported by the 1988 Current Population Survey (CPS)); Thomas W. Hale et al., Persons with Disabilities: Labor Marker Activity, 1994, MONTHLY LAB. REV., Sept. 1998, at 8 (noting that nondisabled people reported being self-employed at a rate of 10.3% (or 10,706,026 people) in nonagricultural employment, 97.4% of these worked the entire month, and 83.4% worked full time in self-employment; people with a moderate disability were self-employed at rates of 13% (1,652,040 people), 97.3% for the full month, and 75.3% full time; the percentage drops to 10.4% (or 439,816 people) for those with severe disabilities, with 92.2% of those self-employed for full month, and 64% self-employed full time).
66. See Nancy Sullivan & Abby Cooper, Innovation, Entrepreneurship and Rehabilitation: A Good Partnership for the Twenty-First Century 1 (on file with authors) (citing Arnold and Seekins, Self-Employment as a Vocational Rehabilitation Closure, 5 J. DISABILITY POL'Y STUD. (1994)); LEWIS E. KRAUS & SUSAN STODDARD, CHARTBOOK ON WORK AND DISABILITY IN THE UNITED STATES, 1991 [hereinafter KRAUS & STODDARD, CHARTBOOK] (stating that, in 1988, 12.2% of people with a work disability were self-employed (443,348 out of 3,634,000), compared to 7.8% without a work disability (8,246,550 of 105,725,000), as reported by the 1988 Current Population Survey (CPS)); Thomas W. Hale et al., Persons with Disabilities: Labor Marker Activity, 1994, MONTHLY LAB. REV., Sept. 1998, at 8 (noting that nondisabled people reported being self-employed at a rate of 10.3% (or 10,706,026 people) in nonagricultural employment, 97.4% of these worked the entire month, and 83.4% worked full time in self-employment; people with a moderate disability were self-employed at rates of 13% (1,652,040 people), 97.3% for the full month, and 75.3% full time; the percentage drops to 10.4% (or 439,816 people) for those with severe disabilities, with 92.2% of those self-employed for full month, and 64% self-employed full time).
67. See generally Lisa Sanders, Giving Disabled Workers a New Start: Insurance Firms, Non-Profits Offer Benefits, Training to Promote Self-Employment, GRAIN'S N.Y. Bus., June 29, 1998, available at 1998 WL 8017491.
68. See id.
69. For example, the Business Loan Center (BLC) has an accessible web site for applicants with disabilities applying for small business loans. Business Loan Center, at http://sbaloans.com/textonly (last visited Aug. 18, 2000). BLC is an SBA-approved small business lender with offices across the United States.
70. Joshua Harris Prage, Media: Radio Host is 'On a Roll' with Show for the Disabled, WALL ST. J., Feb. 25, 1999, at B1.
71. Id.
72. See Americans with Disabilities Act, 42 U.S.C. § 12101(a)(2)-(3) (1994) (describing legislative findings).
73. See infra notes 49-52 and accompanying text (discussing EWD interviewees' prior employment discrimination).
74. 1998 N.O.D./HARRIS SURVEY, supra note 15, at 43.
75. Id. at 46.
76. Id. at 55.
77. Id. at 56.
78. See Karen Solomon, DPI: Enabling the Disabled, WIRED NEWS ONLINE (Sept. 27, 1999) at http://www.wired.com/mews/print_version/culture/story/21940.html (noting that DPI, a Silicon Valley nonprofit firm that assists people with disabilities to obtain technology related jobs, provides assistive technology and education to employees and employers); Kris P. Maher, New Interest: Internet Offers New Freedom to the Disabled, WALL ST. J., June 24, 1999, at 1, available at 1999 WL-WSJ 5457818 (discussing the Internet as a means of achieving full participation in society); Heidi M. Berven & Peter David Blanck, The Economics of the Americans with Disabilities Act, Part II - Patents and Innovations in Assistive Technology, 12 NOTRE DAME J.L. ETHICS & PUB. POL'Y 9, 11-13 (1998) (discussing innovations in assistive devices for disabled persons since the passage of ADA).
79. See Karen Solomon, DPI: Enabling the Disabled, WIRED NEWS ONLINE (Sept. 27, 1999) at http://www.wired.com/mews/print_version/culture/story/21940.html (noting that DPI, a Silicon Valley nonprofit firm that assists people with disabilities to obtain technology related jobs, provides assistive technology and education to employees and employers); Kris P. Maher, New Interest: Internet Offers New Freedom to the Disabled, WALL ST. J., June 24, 1999, at 1, available at 1999 WL-WSJ 5457818 (discussing the Internet as a means of achieving full participation in society); Heidi M. Berven & Peter David Blanck, The Economics of the Americans with Disabilities Act, Part II - Patents and Innovations in Assistive Technology, 12 NOTRE DAME J.L. ETHICS & PUB. POL'Y 9, 11-13 (1998) (discussing innovations in assistive devices for disabled persons since the passage of ADA).
80. See Karen Solomon, DPI: Enabling the Disabled, WIRED NEWS ONLINE (Sept. 27, 1999) at http://www.wired.com/mews/print_version/culture/story/21940.html (noting that DPI, a Silicon Valley nonprofit firm that assists people with disabilities to obtain technology related jobs, provides assistive technology and education to employees and employers); Kris P. Maher, New Interest: Internet Offers New Freedom to the Disabled, WALL ST. J., June 24, 1999, at 1, available at 1999 WL-WSJ 5457818 (discussing the Internet as a means of achieving full participation in society); Heidi M. Berven & Peter David Blanck, The Economics of the Americans with Disabilities Act, Part II - Patents and Innovations in Assistive Technology, 12 NOTRE DAME J.L. ETHICS & PUB. POL'Y 9, 11-13 (1998) (discussing innovations in assistive devices for disabled persons since the passage of ADA).
81. See generally EMPLOYMENT, DISABILITY, AND THE AMERICANS WITH DISABILITIES ACT (Peter David Blanck ed., 2000); Peter David Blanck et al., Corporate Culture, Disability, and Competitive Strategy: A Case Study of a Large Technology Company (Research in Progress at the Law, Health Policy & Disability Center, Iowa City, Iowa).
82. See generally EMPLOYMENT, DISABILITY, AND THE AMERICANS WITH DISABILITIES ACT (Peter David Blanck ed., 2000); Peter David Blanck et al., Corporate Culture, Disability, and Competitive Strategy: A Case Study of a Large Technology Company (Research in Progress at the Law, Health Policy & Disability Center, Iowa City, Iowa).
83. See Jenny Strasburg, Pushing for Net Access Activists Point Out that Big Profits Await Web Sites that Accommodate the Disabled, S.F. EXAMINER, Mar. 26, 2000, at B1, available at 2000 WL 6161160.
84. Companies with fifteen or more employees covered by the ADA must provide reasonable accommodations to qualified workers with disabilities, including job restructuring, modified work schedules, acquisition equipment, and training materials. 42 U.S.C. § 12111(9) (1994). Most Iowa EWD businesses employ fewer than fifteen full-time workers but may be subject to the Iowa Civil Rights Act of 1965. IOWA CODE § 216.6(6) (1994).
85. See infra notes 228, 246 and accompanying text (discussing findings from Study III).
86. See BOSTON, supra note 30, at 73 (citing Robert Hisrich & Candida Brush, Characteristics of the Minority Entrepreneur, 24 J. SMALL BUS. MGMT. 1, 1-8 (1986)).
87. See id. (citing Oliver Clayton, Planning a Career as a Business Owner, 36 BUS. EDUC. F. 23-25, reprinted in D. RURADO & R. HODGETTS, ENTREPRENEURSHIP 40 (1992)); infra notes 104-05 (discussing research measures).
88. See id. (citing Oliver Clayton, Planning a Career as a Business Owner, 36 BUS. EDUC. F. 23-25, reprinted in D. RURADO & R. HODGETTS, ENTREPRENEURSHIP 40 (1992)); infra notes 104-05 (discussing research measures).
89. Sullivan & Cooper, supra note 41, at 4.
90. Id.
91. See infra notes 153-96 and accompanying text (describing findings of Study II).
92. See Schur, supra note 37, at 8 (describing CPS data analysis based on 32,954 employed workers, 1047 of whom reported a work disability, and SIPP data based on 11,129 observations for employees with disabilities).
93. Id. at tbl.1 (showing that the difference is statistically significant and citing a sample size of 116 persons with disabilities and 2190 persons without disabilities). The study also showed that workers with disabilities are more likely to be part-time and temporary workers, but less likely to be full-time permanent workers, compared to workers without disabilities. Id. See also Douglas L. Kruse & MaryAnne M. Hyland, Telecommuting and Other Home-Based Work: Differences by Disability Status (Dec. 1998) (unpublished manuscript, on file with authors) (discussing the advantages of home-based work for workers with disabilities). Kruse also finds that from 1991 to 1997 workers with disabilities have had higher rates of growth of home-based work, increasing from 9.2% to 15.1%, as compared to nondisabled workers, whose rates increased from 6.6% to 9.8%. Id. at 25.
94. Schur, supra note 37, at tbl.1.
95. See id. at tbl.2 (finding also that independent contractors with disabilities are more likely to report that they want to work in this capacity for longer periods of time). Other personal characteristics reported by Schur are relevant to this study. She found that independent contractors with and without disabilities are equally as likely to be male and female, white and African-American, from different regions of the country (except in the West), and married or not married. However, the contractors with disabilities were more likely to live alone, were older, and were less educated than their nondisabled counterparts. Id. at tbl.3.
96. See Nancy L. Arnold & Tom Seekins, Self-Employment as a Vocational Rehabilitation Closure, 5 J. DISABILITY POL'Y STUD. 66-67 (1994) (surveying research on VR counselor attitudes).
97. See Larry Watson & Terry Herkimer, The Client Enhancement & Empowerment Project: Expanding Small Business and Self-Employment Opportunities 9-12 (unpublished manuscript, on file with authors). Professor Arnold and her colleagues have examined the role that Centers for Independent Living (CILS) play in supporting the continuum of employment activities for disabled persons. See generally RURAL INSTITUTE, supra note 8. See also P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23 (describing assessment instruments); NANCY ARNOLD, MONTANA RURAL INSTITUTE ON DISABILITIES, SELF-EMPLOYMENT IN VOCATIONAL REHABILITATION: BUILDING ON LESSONS FROM RURAL AMERICA (1996), available at http://ruralinstitute.umt.edu/rtcrural/Selem/Mongraph/ContentsSelEm.htm; Thomas P. Golden et al., Plan for Achieving Self-Support: An Improved Tool for Self-Directed Vocational Rehabilitation, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 26, 29-30 (discussing starting a business under a Plan for Achieving Self Support program (PASS)); James R. Sheldon, Jr. & John S. Trach, Social Security Disability Insurance and Supplemental Security Work Income Incentives with Recommendations for Policy Change, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 8 (discussing SSI and SSDI programs, SSI's PASS Program, and Impairment-Related Work Expenses (IRWEs)); THE ASSOCIATION OF PROGRAMS FOR RURAL INDEPENDENT LIVING (APRIL), TOPIC PAPER #1: RURAL SELF-EMPLOYMENT (Dec. 1998), at http://ruralinstitute.umt.edu/rtcural/APRIL/APRILSelEm.htm (suggesting CILS involvement in employment services to include education, assessment, development of micro-loan funds and Small Business Development Centers (SBDC), as well as participation in economic development activities).
98. See Larry Watson & Terry Herkimer, The Client Enhancement & Empowerment Project: Expanding Small Business and Self-Employment Opportunities 9-12 (unpublished manuscript, on file with authors). Professor Arnold and her colleagues have examined the role that Centers for Independent Living (CILS) play in supporting the continuum of employment activities for disabled persons. See generally RURAL INSTITUTE, supra note 8. See also P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23 (describing assessment instruments); NANCY ARNOLD, MONTANA RURAL INSTITUTE ON DISABILITIES, SELF-EMPLOYMENT IN VOCATIONAL REHABILITATION: BUILDING ON LESSONS FROM RURAL AMERICA (1996), available at http://ruralinstitute.umt.edu/rtcrural/Selem/Mongraph/ContentsSelEm.htm; Thomas P. Golden et al., Plan for Achieving Self-Support: An Improved Tool for Self-Directed Vocational Rehabilitation, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 26, 29-30 (discussing starting a business under a Plan for Achieving Self Support program (PASS)); James R. Sheldon, Jr. & John S. Trach, Social Security Disability Insurance and Supplemental Security Work Income Incentives with Recommendations for Policy Change, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 8 (discussing SSI and SSDI programs, SSI's PASS Program, and Impairment-Related Work Expenses (IRWEs)); THE ASSOCIATION OF PROGRAMS FOR RURAL INDEPENDENT LIVING (APRIL), TOPIC PAPER #1: RURAL SELF-EMPLOYMENT (Dec. 1998), at http://ruralinstitute.umt.edu/rtcural/APRIL/APRILSelEm.htm (suggesting CILS involvement in employment services to include education, assessment, development of micro-loan funds and Small Business Development Centers (SBDC), as well as participation in economic development activities).
99. See Larry Watson & Terry Herkimer, The Client Enhancement & Empowerment Project: Expanding Small Business and Self-Employment Opportunities 9-12 (unpublished manuscript, on file with authors). Professor Arnold and her colleagues have examined the role that Centers for Independent Living (CILS) play in supporting the continuum of employment activities for disabled persons. See generally RURAL INSTITUTE, supra note 8. See also P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23 (describing assessment instruments); NANCY ARNOLD, MONTANA RURAL INSTITUTE ON DISABILITIES, SELF-EMPLOYMENT IN VOCATIONAL REHABILITATION: BUILDING ON LESSONS FROM RURAL AMERICA (1996), available at http://ruralinstitute.umt.edu/rtcrural/Selem/Mongraph/ContentsSelEm.htm; Thomas P. Golden et al., Plan for Achieving Self-Support: An Improved Tool for Self-Directed Vocational Rehabilitation, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 26, 29-30 (discussing starting a business under a Plan for Achieving Self Support program (PASS)); James R. Sheldon, Jr. & John S. Trach, Social Security Disability Insurance and Supplemental Security Work Income Incentives with Recommendations for Policy Change, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 8 (discussing SSI and SSDI programs, SSI's PASS Program, and Impairment-Related Work Expenses (IRWEs)); THE ASSOCIATION OF PROGRAMS FOR RURAL INDEPENDENT LIVING (APRIL), TOPIC PAPER #1: RURAL SELF-EMPLOYMENT (Dec. 1998), at http://ruralinstitute.umt.edu/rtcural/APRIL/APRILSelEm.htm (suggesting CILS involvement in employment services to include education, assessment, development of micro-loan funds and Small Business Development Centers (SBDC), as well as participation in economic development activities).
100. See Larry Watson & Terry Herkimer, The Client Enhancement & Empowerment Project: Expanding Small Business and Self-Employment Opportunities 9-12 (unpublished manuscript, on file with authors). Professor Arnold and her colleagues have examined the role that Centers for Independent Living (CILS) play in supporting the continuum of employment activities for disabled persons. See generally RURAL INSTITUTE, supra note 8. See also P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23 (describing assessment instruments); NANCY ARNOLD, MONTANA RURAL INSTITUTE ON DISABILITIES, SELF-EMPLOYMENT IN VOCATIONAL REHABILITATION: BUILDING ON LESSONS FROM RURAL AMERICA (1996), available at http://ruralinstitute.umt.edu/rtcrural/Selem/Mongraph/ContentsSelEm.htm; Thomas P. Golden et al., Plan for Achieving Self-Support: An Improved Tool for Self-Directed Vocational Rehabilitation, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 26, 29-30 (discussing starting a business under a Plan for Achieving Self Support program (PASS)); James R. Sheldon, Jr. & John S. Trach, Social Security Disability Insurance and Supplemental Security Work Income Incentives with Recommendations for Policy Change, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 8 (discussing SSI and SSDI programs, SSI's PASS Program, and Impairment-Related Work Expenses (IRWEs)); THE ASSOCIATION OF PROGRAMS FOR RURAL INDEPENDENT LIVING (APRIL), TOPIC PAPER #1: RURAL SELF-EMPLOYMENT (Dec. 1998), at http://ruralinstitute.umt.edu/rtcural/APRIL/APRILSelEm.htm (suggesting CILS involvement in employment services to include education, assessment, development of micro-loan funds and Small Business Development Centers (SBDC), as well as participation in economic development activities).
101. See Larry Watson & Terry Herkimer, The Client Enhancement & Empowerment Project: Expanding Small Business and Self-Employment Opportunities 9-12 (unpublished manuscript, on file with authors). Professor Arnold and her colleagues have examined the role that Centers for Independent Living (CILS) play in supporting the continuum of employment activities for disabled persons. See generally RURAL INSTITUTE, supra note 8. See also P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23 (describing assessment instruments); NANCY ARNOLD, MONTANA RURAL INSTITUTE ON DISABILITIES, SELF-EMPLOYMENT IN VOCATIONAL REHABILITATION: BUILDING ON LESSONS FROM RURAL AMERICA (1996), available at http://ruralinstitute.umt.edu/rtcrural/Selem/Mongraph/ContentsSelEm.htm; Thomas P. Golden et al., Plan for Achieving Self-Support: An Improved Tool for Self-Directed Vocational Rehabilitation, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 26, 29-30 (discussing starting a business under a Plan for Achieving Self Support program (PASS)); James R. Sheldon, Jr. & John S. Trach, Social Security Disability Insurance and Supplemental Security Work Income Incentives with Recommendations for Policy Change, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 8 (discussing SSI and SSDI programs, SSI's PASS Program, and Impairment-Related Work Expenses (IRWEs)); THE ASSOCIATION OF PROGRAMS FOR RURAL INDEPENDENT LIVING (APRIL), TOPIC PAPER #1: RURAL SELF-EMPLOYMENT (Dec. 1998), at http://ruralinstitute.umt.edu/rtcural/APRIL/APRILSelEm.htm (suggesting CILS involvement in employment services to include education, assessment, development of micro-loan funds and Small Business Development Centers (SBDC), as well as participation in economic development activities).
102. See Larry Watson & Terry Herkimer, The Client Enhancement & Empowerment Project: Expanding Small Business and Self-Employment Opportunities 9-12 (unpublished manuscript, on file with authors). Professor Arnold and her colleagues have examined the role that Centers for Independent Living (CILS) play in supporting the continuum of employment activities for disabled persons. See generally RURAL INSTITUTE, supra note 8. See also P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23 (describing assessment instruments); NANCY ARNOLD, MONTANA RURAL INSTITUTE ON DISABILITIES, SELF-EMPLOYMENT IN VOCATIONAL REHABILITATION: BUILDING ON LESSONS FROM RURAL AMERICA (1996), available at http://ruralinstitute.umt.edu/rtcrural/Selem/Mongraph/ContentsSelEm.htm; Thomas P. Golden et al., Plan for Achieving Self-Support: An Improved Tool for Self-Directed Vocational Rehabilitation, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 26, 29-30 (discussing starting a business under a Plan for Achieving Self Support program (PASS)); James R. Sheldon, Jr. & John S. Trach, Social Security Disability Insurance and Supplemental Security Work Income Incentives with Recommendations for Policy Change, 29 J. APPLIED REHABILITATION COUNSELING, Winter 1998, at 8 (discussing SSI and SSDI programs, SSI's PASS Program, and Impairment-Related Work Expenses (IRWEs)); THE ASSOCIATION OF PROGRAMS FOR RURAL INDEPENDENT LIVING (APRIL), TOPIC PAPER #1: RURAL SELF-EMPLOYMENT (Dec. 1998), at http://ruralinstitute.umt.edu/rtcural/APRIL/APRILSelEm.htm (suggesting CILS involvement in employment services to include education, assessment, development of micro-loan funds and Small Business Development Centers (SBDC), as well as participation in economic development activities).
103. See Larry Watson & Terry Herkimer, The Client Enhancement & Empowerment Project: Expanding Small Business and Self-Employment Opportunities
104. Michael Collins, The Option of Becoming Self-Employed: An Emerging Reality Within Vermont Vocational Rehabilitation 13 (1998) (unpublished draft, on file with authors).
105. See id. at 3-4 (outlining self-employment as a vocational employment option).
106. Cf. P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 37 (discussing micro-enterprise approach to self-employment for persons with disabilities as a means for individuals to enter or reenter the workforce); infra notes 252-59 and accompanying text (arguing that disabled people's entrepreneurship also may be viewed as a micro-enterprise endeavor, independent of the traditional rehabilitation model).
107. See Craig Ravesloot & Tom Seekins, Vocational Rehabilitation Counselors' Attitudes Toward Self-Employment Outcomes: Attitudes and their Effects on the Use of Self-Employment as an Employment Option, 39 REHABILITATION COUNSELING BULL. 189 (1996); infra notes 137-41 and accompanying text (discussing research on VR counselor attitudes and case closure rates for self-employment).
108. See Sullivan & Cooper, supra note 41, at 2.
109. Id. at 10-11. Arnold and Seekins report that of forty-five states surveyed, eleven did not have a policy on self-employment, ten required its pursuit as a last resort, six states allowed it only for people with severe disabilities, three had positive policies, eleven pointed out negatives, and three quoted outdated rates of failure for small businesses. Arnold & Seekins, supra note 67, at 69.
110. Collins, supra note 69, at 9-11.
111. The Social Security Administration uses the twenty-hour figure as an indicator of significant business activity.
112. Collins, supra note 69, at 12.
113. Id.
114. Id. at 9.
115. Watson & Herkimer, supra note 68, at 9-12.
116. Id.; see also Sullivan & Cooper, supra note 41, at 10-11,18-24 (showing charts of Arkansas and Washington state programs and projected costs of $10,000 and $3300 per participant). The costs for self-employment cases are between 10% and 20% higher than costs for traditional employment cases. Id. The actual costs averaged $6837 in Arkansas for the seventeen business start-ups and $3252 in Washington for twenty-three business start-ups. Id. Income figures or reduction in benefits are not identified in these studies.
117. See infra notes 231-32 and accompanying text (discussing the economic benefits of self-employment for persons with disabilities).
118. Cf. Frederick C. Collignon, Is the ADA Successful? Indicators for Tracking Gains, 549 ANNALS AM. ACAD. POL. & SOC. SCI. 129, 132-34 (1997) (describing methodological issues that arise when attempting to measure disability).
119. Walter Y. Oi, Employment and Benefits for People with Diverse Disabilities, in DISABILITY, WORKAND CASH BENEFITS 112-16 (Jerry L. Mashaw et al. eds., 1996).
120. The Survey of Income and Program Participation (SIPP) is one example. In the topical module that contains items regarding functional limitations, respondents indicate first whether the individual has difficulty with a sensory or physical functional activity and, if so, whether they can perform the activity at all. MCNEIL, 1991-92 SIPP STUDY, supra note 19, at 2.
121. See Pamela Loprest et al., Gender, Disabilities, and Employment in the Health and Retirement Study, 30 J. HUM. RESOURCES S293, S308-09 (1995) (finding that married women with severe disabilities had smaller reductions in their probabilities of working than men or single women with severe disabilities).
122. Schwochau & Blanck, supra note 2, at 298.
123. In addition, a number of studies have examined employment of disabled persons using information from years prior to the ADA's effective date. See id. at 302. Subsequent study may tailor empirical models to maximize comparability with earlier research and thereby allow for assessment of changes between pre-ADA and post-ADA periods. This approach would allow identification of changes in factors previously found to influence self-employment of individuals with disabilities, such as personal background characteristics, rural or urban nature of the community, and education and training services. See RURAL INSTITUTE, supra note 8 (discussing self-employment in rural America).
124. See Arnold & Seekins, supra note 67, at 70-71 (finding great variability across state VR programs using self-employment as a VR case closure strategy).
125. 1994 Iowa Acts 1076. The EWD legislation also states that "[t]he business development division shall design the program to make the maximum amount of resources expended by the business development of the department of economic development eligible for federal reimbursement." Id. 91. The interagency memoranda of agreement and amendments are on file with the authors [hereinafter Memoranda]. From August 1, 1999 to September 30, 2000, the LHP&DC at the University of Iowa College of Law participated as a fourth partner.
126. The present study is limited to data before the LHP&DC became a partner. Interviews with Program Staff, VR personnel, and participants, as well as data analysis, however, continued after the partnership was established.
127. See Memoranda, supra note 91 (detailing budget breakout on an annual basis). Specific budget information is not included in this Article because it includes detailed salary and benefit information for program personnel.
128. While the present research was in its early stages, the State and the LHP&DC entered into an agreement to collaborate on research of the EWD program. To avoid a potential conflict in the conducting and reporting of the research, the study was limited to review of information during the period prior to the collaboration between the State and the research center.
129. All parties agreed that drafts of the research report would be shared with the state program officials and participants prior to publication. This was done to allow a check for errors or misstatements, not as a veto of information derived. It also provided a basis of information for follow-up study.
130. For a review of this method, see Peter D. Blanck & Arthur N. Turner, Gestalt Research: Clinical-Field-Research Approaches to Studying Organizations, in HANDBOOK OF ORGANIZATIONAL BEHAVIOR 109-25 (Jay W. Lorsch ed., 1987).
131. See ROSEANNE HERZOG, UNLIKELY ENTREPRENEURS: A COMPLETE GUIDE TO BUSINESS START-UPS FOR PEOPLE WITH DISABILITIES AND CHRONIC HEALTH CONDITIONS (1998) (describing steps in self-employment process); Arnold & Seekins, supra note 67, at 75-79 (outlining components of a comprehensive self-employment policy using a similar approach).
132. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 3 (discussing public and private commitment to self-employment and entrepreneurs with disabilities).
133. See Arnold & Seekins, supra note 67, at 77-79 (identifying the steps that consumer and VR counselors should take in pursuing self-employment closure, including: assess business potential, develop a business idea and analyze feasibility, obtain education and training, obtain technical assistance, develop a business plan, apply for financial resources, submit plan to state agency review, and follow up and review).
134. The operational structure of the EWD program tracks the process and procedure set out in its governing administrative rules. See supra note 90 and accompanying text (describing the role of Iowa's Business Development Division and the Division of Vocational Rehabilitation).
135. See IOWA ADMIN. CODE r. 261-56.4(15) (1997) (describing the application procedure). Application materials for the program are available from the Division of Vocational Rehabili-tation Services, Iowa Department for the Blind, and Iowa Department of Economic Develop-ment. Applications will be forwarded to the IDED program manager for review and scored to determine program eligibility. Business plans are scored to determine eligibility for a financial assistance grant, and approval of a technical assistance grant is based upon acceptance of a project plan, budget, and uses statement form. Id.
136. See IOWA ADMIN. CODE r. 261-56.2 (1997) (setting forth definitions).
137. When a participant's disability requires accommodation in the application or evaluation process, it is typically provided through the DVRS counselor. Cf. P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 28-29 (recommending that business planning materials be available in alternative formats).
138. Many DVRS counselors use assessment instruments to evaluate an applicant's potential for self-employment. The Iowa DVRS is researching the validity and reliability of a new instrument, the Measure of Self-Employment Potential (MSEP). See C/S VOCATIONAL CONSULTANTS, MEASURE OF SELF-EMPLOYMENT POTENTIAL (MSEP) (1998) (on file with the Iowa Law Review).
139. Applications from DVRS, in contrast to applicants from IDB, also may include a measure of self-employment potential with the application. The application process typically takes thirty days to complete.
140. This match may include the means to purchase necessary business equipment or the ability to match allotted funds with "sweat equity" (e.g., the labor of a carpenter or painter will be accepted as a match for EWD funds).
141. See IOWA ADMIN. CODE r. 261-56.4(4) (1997) (providing that applications for the EWD program will be evaluated using a 100-point system, based on preset criteria).
142. Id. (including assessment of unpaid income tax, delinquent child support obligations, and defaulted student loans).
143. Cf. Allison Greiner Redick et al., Consumer Empowerment Through Occupational Therapy: The Americans with Disabilities Act Title III, 54 AM. J. OCCUPATIONAL THERAPY 207, 207-13 (2000) (finding that occupational counselors were not sufficiently knowledgeable about implementing ADA provisions).
144. Only DVRS clients are referred to the First-Step Program. IDB does not have a separate program for their clients.
145. Since the completion of this research project, applicants without sufficient knowledge about business may be referred to Iowa's Business Assistance Services for Entrepreneurs (BASE) program. BASE is a program, funded by the IDED, at the Iowa LHP&DC. The program provides training and a regional resource guide for entrepreneurs. For background information, see the BASE website at http://www.baseiowa.org. See also PRESIDENT'S COMMITTEE, supra note 6 (discussing project activities, including training with the Small Business Administration and other federal agencies through workshops around the country for disabled entrepreneurs).
146. See EWD Disability Program Feasibility Study Notes (Apr. 10, 1999) (unpublished notes based on review of program handout, on file with authors).
147. See id.
148. See id.; P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 23 (reviewing feasibility study).
149. Interviews with Program Manager, supra note 36.
150. Id.
151. Id.
152. Id.
153. All applicants must fill out a standard form. See DVRS Form R-406A, Financial Inventory for Assessment of Economic Need (on file with authors); DVRS Form R-406B, Determination of Financial Participation for Services Based on Economic Need (on file with authors).
154. See IOWA ADMIN. CODE r. 261-56.5(1)-(6) (1997) (detailing technical assistance grants, application process, project plan and budget approval process, selection of qualified business consultants, and case management by IDED).
155. The goal of the consulting is to enable participants to pursue these skills on their own.
156. The EWD participant's project plan requires the documentation of the business planning process, retention of consultants, budgetary guidelines, and a time line. The project plan and budget form must be signed by the applicant and approved by the IDED and DVRS or IDB program managers. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 16 (reviewing business planning process and providing resource list).
157. Interviews with Program Staff, supra note 36.
158. Interviews with Program Manager, supra note 36.
159. Id. The Program Manager explained that consultants are selected, in part, on their participation in "best practices" seminars and their commitment to the participants. See also P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 21-22 (providing a sample course outline for DVRS staff).
160. ENTREPRENEURS WITH DISABILITIES PROGRAM, COUNSELOR'S HANDBOOK 28 (on file with authors).
161. DAVID H. BANGS, JR., THE BUSINESS PLANNING GUIDE 24-36 (8th ed. 1998) (providing examples of elements in business plans used by EWD participants).
162. TSB and SELF are competitive loan programs for which loan determination is based on the quality of the loan application and the business plan.
163. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 6 (noting that female small business owners are more likely to rely on nontraditional sources of capital than their male counterparts).
164. See IOWA ADMIN. CODE r. 261-56.6(1) (1997) (providing that public financial assistance, or seed grants, may be awarded for up to fifty percent (not to exceed $10,000) of the working capital needed to start, expand, or acquire a business).
165. Id. Working capital may be used for, but is not limited to, the design and printing of marketing materials, advertising, rent (up to six months), postage, materials, inventory, and insurance. Id.
166. See IOWA ADMIN. CODE r. 261-56.6(1)-(4) (1997) (providing grant eligibility criteria, describing approval of sources and uses form, awards process, and stating that contracts detailing financial assistance grants are the responsibility of the DVRS or IDB and must be consistent with the use of Title I vocational rehabilitation funds).
167. Interviews with Program Manager, supra note 36.
168. Id.
169. Interviews with Program Staff, supra note 36.
170. Interviews with Program Manager, supra note 36. The Program Manager also noted that consultant costs are charged to participants' technical assistance budget. Id. See IOWA ADMIN. CODE r. 261-56.7(15) (1997) (providing that participants must agree to engage in the monitoring program). Tracking information is gathered through telephone conversations, letter and document exchanges, and onsite visits to the business. Interviews with Program Manager, supra note 36.
171. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 26 (discussing the EWD monitoring process).
172. See id. (discussing EWD monitoring and noting that this policy differs from traditional rehabilitation which recommends case closure within three to four months of successful placement in competitive employment). Other states, such as Ohio and New York, contract with Small Business Development Centers (SBDCs) to provide ongoing technical assistance to entrepreneurs with disabilities. Id.
173. Closure requirements are derived from monitoring documents reviewed for this study and interviews with the Program Manager. Closure requirements are not set out in the enabling legislation or in the Iowa Administrative Code. DVRS closure criteria differ from EWD program closure criteria. Files are successfully closed with the EWD program when the client demonstrates profitability or is moving towards profitability. DVRS requires that the client has received financial assistance, the business is in stable operation, and it has shown a trend toward profitability.
174. Interviews with Program Staff, supra note 36. The staff derives its data from DVRS. It explains that files are closed as unsuccessful when the business has failed, the participant decides not to pursue business ownership, feasibility studies demonstrate a likelihood that the business will not succeed, or required materials are not complete or accurate.
175. See generally PETER DAVID BLANCK & PATRICK STEELE, IOWA LAW, HEALTH POLICY & DISABILITY CENTER, THE EMERGING ROLE OF THE STAFFING INDUSTRY IN THE EMPLOYMENT OF PERSONS WITH DISABILITIES - A CASE REPORT ON MANPOWER INC. (1998) (discussing how Manpower Inc. creates and maintains employment opportunities for those with disabilities).
176. See generally ALLEN JENSEN & ROBERT SILVERSTEIN, POLICY BRIEF: IMPROVEMENTS TO THE SSDI AND SSI WORK INCENTIVES AND EXPANDED AVAILABILITY OF HEALTH CARE SERVICES TO WORKERS WITH DISABILITIES UNDER THE TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999 (2000) [hereinafter JENSEN & SILVERSTEIN, POLICY BRIEF] (discussing the policy background). States may choose not to participate in the Buy-In program. Cf. P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 47 (recommending implementation of Medicaid Buy-In in all fifty states).
177. See generally ALLEN JENSEN & ROBERT SILVERSTEIN, POLICY BRIEF: IMPROVEMENTS TO THE SSDI AND SSI WORK INCENTIVES AND EXPANDED AVAILABILITY OF HEALTH CARE SERVICES TO WORKERS WITH DISABILITIES UNDER THE TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999 (2000) [hereinafter JENSEN & SILVERSTEIN, POLICY BRIEF] (discussing the policy background). States may choose not to participate in the Buy-In program. Cf. P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 47 (recommending implementation of Medicaid Buy-In in all fifty states).
178. See generally ALLEN JENSEN & ROBERT SILVERSTEIN, POLICY BRIEF: IMPROVEMENTS TO THE SSDI AND SSI WORK INCENTIVES AND EXPANDED AVAILABILITY OF HEALTH CARE SERVICES TO WORKERS WITH DISABILITIES UNDER THE TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999 (2000) [hereinafter JENSEN & SILVERSTEIN, POLICY BRIEF] (discussing the policy background). States may choose not to participate in the Buy-In program. Cf. P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 47 (recommending implementation of Medicaid Buy-In in all fifty states).
179. See generally JENSEN & SILVERSTEIN, POLICY BRIEF, supra note 143.
180. Preventing discrimination by lenders or vendors is a primary concern. Because the DVRS or IDB counselor refers individuals to the EWD program and assists them through the process, disability information is included where necessary for the application process or interaction with the Program Staff. A DVRS counselor is present when the EWD staff or consultants meet with the participant so the participant's privacy can be respected. The disability need not be, and, as our findings suggest, is not, the primary focus for the EWD program determinations. Interviews with Program Manager, supra note 36.
181. The EWD staff answers questions from lenders concerning a participant's disability by explaining that the individual is an EWD participant. Interview with Program Manager, supra note 36. A rehabilitation counselor is present when the EWD staff or consultants meet with the participant. Typically the individual's privacy is respected, and the disability is not the focus of discussion. Id.
182. In the intake process for the DVRS program, the counselor requests information related to the applicant's disability and accommodation needs. This approach is consistent with the ADA's "interactive process" for requesting workplace accommodations. Id.
183. See supra notes 96-147 and accompanying text (presenting Study I and Figure 1 which describe the stages of the application and the program process). Statistical information for Appendix I and this study was derived from the DVRS database and contains information collected at the time of application for DVRS services. The data employed for Study II have several limitations with regard to their generalizability that may be addressed in future research. For instance, the data are derived from self-reported measures coded into the Iowa DVRS database.
184. The EWD Program Staff received its first application in May 1995.
185. To ensure the confidentiality of the data contained in the DVRS program MIS file, identifying information was removed and redacted. A release and consent form was used with participants interviewed in Study III. After beginning the research, it was necessary to have certain identifiers to link data sources to complete information in Study III. The state DVRS determined that identifiable information could be provided per 34 C.F.R. § 361.38(d)(1)-(5), (i)-(s). However, no identifiable information derived from the interviews was disclosed to the EWD staff. When data was missing from the aggregate data file, the research team interviewed the Program Manager to complete the data set in ways that ensured participant confidentiality (e.g., without disclosing participant identity).
186. See infra Appendix I (presenting a master table displaying the five general categories).
187. See infra Appendix I (showing that some participants never used services, some received the initial program orientation but no other services, and some received orientation services, consulting, and financial assistance (as described in Study I above)).
188. See supra note 16 and accompanying text (describing the CPS study findings). In addition, women are more likely than men to have psychiatric impairments. Id.
189. EWD demographics for minority applicants are 3% African-American, 1% American Indian, and 0.6 % Asian or Pacific Islander. See infra Appendix I. African-Americans account for roughly 4% and individuals of Hispanic origin account for 1% of Iowa's DVRS clientele. See IOWA STATE PLAN FOR THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM AND STATE PLAN SUPPLEMENT FOR THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM FY 1998-2000 (on file with the Iowa Law Review) (providing data in Attachment 7.6 on Minority Outreach and DVRS closures).
190. Cf. DISABILITY RIGHTS ADVOCATES, ADA WATCH 1999, at 5 (noting that minorities with disabilities are significantly underreached by disability technical assistance efforts).
191. See generally William J. Hanna & Elizabeth Rogovsky, On the Situation of African-American Women With Physical Disabilities, 23 J. APPLIED REHABILITATION COUNSELING 39 (1992); Daniel J. Reschly & Susan M. Ward, Use of Adaptive Behavior Measures and Overrepresentation of Black Students in Programs for Students with Mild Mental Retardation, 96 AM. J. MENTAL RETARDATION 257, 257 (1991) (summarizing studies showing overrepresentation of minority students in special education classes versus mainstreamed classrooms).
192. See generally William J. Hanna & Elizabeth Rogovsky, On the Situation of African- American Women With Physical Disabilities, 23 J. APPLIED REHABILITATION COUNSELING 39 (1992); Daniel J. Reschly & Susan M. Ward, Use of Adaptive Behavior Measures and Overrepresentation of Black Students in Programs for Students with Mild Mental Retardation, 96 AM. J. MENTAL RETARDATION 257, 257 (1991) (summarizing studies showing overrepresentation of minority students in special education classes versus mainstreamed classrooms).
193. See BLANCK, EMERGING WORKFORCE, supra note 23, at 89 (stating that African-American women with disabilities are disproportionately disadvantaged in employment opportunities); Philip G. Wilson et al., Analysis of Minority-Status Supported Employees in Relation to Placement Approach and Selected Outcomes, 29 MENTAL RETARDATION 329, 331 (1991) (finding that minority status-supported employees were younger, had higher skill scores, and earned more wages per month than did nonminority supported employees).
194. See BLANCK, EMERGING WORKFORCE, supra note 23, at 89 (stating that African- American women with disabilities are disproportionately disadvantaged in employment opportunities); Philip G. Wilson et al., Analysis of Minority-Status Supported Employees in Relation to Placement Approach and Selected Outcomes, 29 MENTAL RETARDATION 329, 331 (1991) (finding that minority status-supported employees were younger, had higher skill scores, and earned more wages per month than did nonminority supported employees).
195. See Equal Opportunity for Individuals with Disabilities, 29 C.F.R. pt. 1630 (1991) (stating that the ADA is designed to enable all persons with disabilities to compete in the workplace based on performance standards and requirements identical to those that a covered entity expects of persons who do not have disabilities, subject to reasonable accommodation).
196. Jordan Jay Kaplan, Employer Compliance With the Reasonable Accommodation Provision of Title I of the Americans With Disabilities Act and Gender (1997) (unpublished manuscript, on file with authors).
197. See supra note 16 and accompanying text (discussing CPS findings).
198. Although the present findings reflect an older and more educated sample, these trends need to be compared to the state DVRS clientele generally and to other samples of entrepreneurs without disabilities in Iowa and elsewhere.
199. DIVISION OF VOCATIONAL REHABILITATION SERVICES (DVRS), INSTRUCTIONS FOR COMPLETION AND PROCESSING OF CLIENT SERVICE RECORDS CSR-300, C-10, 4 [hereinafter DVRS PUBLICATION, INSTRUCTIONS] (on file with the Iowa Law Review) (listing the categories used by the DVRS). See infra Appendix II (listing the categories coded by the DVRS and summarizing other categories). The impairments identified do not necessarily constitute disabilities for purposes of analysis under the ADA.
200. DIVISION OF VOCATIONAL REHABILITATION SERVICES (DVRS), INSTRUCTIONS FOR COMPLETION AND PROCESSING OF CLIENT SERVICE RECORDS CSR-300, C-10, 4 [hereinafter DVRS PUBLICATION, INSTRUCTIONS] (on file with the Iowa Law Review) (listing the categories used by the DVRS). See infra Appendix II (listing the categories coded by the DVRS and summarizing other categories). The impairments identified do not necessarily constitute disabilities for purposes of analysis under the ADA.
201. See Schwochau & Blanck, supra note 2, at 298-99 (discussing how varying definitions of disability impact the findings of employment studies of persons with disabilities).
202. In subsequent study we will use other measures of disability (e.g., severity and type) that help predict how those with disabilities move into and retain self-employment.
203. See Loprest et al., supra note 86, at S308-09 (1995) (finding that married women with severe disabilities had smaller reductions in their probabilities of working than men or single women with severe disabilities).
204. Schur, supra note 37, at tbl.4 (noting these and other related difficulties).
205. Id.
206. See infra Appendix I.
207. T. G. Mayer et al., A Prospective Two-Year Study of Functional Restoration in Industrial Low Back Injury, 258 JAMA 1763, 1764-65 (1987).
208. Bill Leonard, Lower Back Pain Hits Employers in the Bottom Line, 39 HR MAGAZINE ON HUM. RESOURCE MGMT. 53 (1994). This estimate does not include the indirect costs of hiring replacement workers, lost productivity, and legal costs. Id.
209. Cf. BLANCK, EMERGING WORKFORCE, supra note 23, at 32-33 (noting that the majority of ADA Title I claims involve back injuries and psychiatric disorders).
210. DVRS PUBLICATION, INSTRUCTIONS, supra note 162, at 4.
211. See Douglas Kruse et al., Computer Use, Computer Training and Employment: Outcomes Among People with Spinal Cord Injuries, 21 SPINE 891 (1996).
212. DVRS PUBLICATION, INSTRUCTIONS, supra note 162, at 7. Mental retardation accounts for roughly 2% of EWD applicants while alcohol dependence and abuse accounts for 3% of applicants.
213. See Iowa Assistive Device Tax Credit Act, H.F. 2560, 78th General Assembly, 2d Sess. (Iowa 2000) [hereinafter Iowa AD Tax Credit Act] (providing tax credit to small businesses for assistive devices and workplace modifications); infra notes 289-94 and accompanying text (discussing future study).
214. Aspects of this condition may be interpreted as an orthopedic impairment.
215. See infra Appendix I.
216. Thus, in Appendix I, each of the impairments listed are coded on these dimensions.
217. This finding is consistent with studies showing that self-employment is a prevalent option among people with work disabilities seeking to reenter the workforce. See KRAUS & STODDARD, CHARTBOOK, supra note 41, at 36 (finding self-employment rates to be 12% for people with work disabilities and 8% for workers without disabilities).
218. See Peter David Blanck & Glenn Pransky, Workers with Disabilities, in 14(3) STATE OF THE ART REVIEWS IN OCCUPATIONAL MEDICINE: SPECIAL POPULATIONS AND OCCUPATIONAL HEALTH 581-93 (Glenn Pransky & Howard Frumkin eds., 1999) [hereinafter Blanck & Pransky, Workers with Disabilities] (discussing relation of the ADA to workplace injury prevention programs).
219. See Peter David Blanck & Glenn Pransky, Workers with Disabilities, in 14(3) STATE OF THE ART REVIEWS IN OCCUPATIONAL MEDICINE: SPECIAL POPULATIONS AND OCCUPATIONAL HEALTH 581-93 (Glenn Pransky & Howard Frumkin eds., 1999) [hereinafter Blanck & Pransky, Workers with Disabilities] (discussing relation of the ADA to workplace injury prevention programs).
220. See Morley Gunderson & Douglas Hyatt, Do Injured Workers Pay for Reasonable Accommodation?, 50 INDUS. & LAB. REL. REV. 92 (1996) (stating that although the ADA is not law in Canada, similar disability antidiscrimination laws are in place).
221. See Pamela S. Karlan & George Rutherglen, Disabilities, Discrimination, and Reasonable Accommodation, 46 DUKE L.J. 1, 24 (1996) (suggesting, without the support of data, that persons with disabilities face higher costs of searching for a job than do persons without disabilities, and that if costs to employers of accommodation by job transfer are greater than costs to workers of a job search, then workers should bear that cost).
222. See Nancy R. Mudrick, Employment Discrimination Laws for Disability: Utilization and Outcome, 549 ANNALS OF AM. ACAD. POL. & SOC. SCI. 58, 68-70 (1997) (citing studies showing that the majority of persons injured in the workplace maintain their labor force attachment).
223. See Richard V. Burkhauser & Mary C. Daly, Employment and Economic Well-Being Following the Onset of a Disability: The Role of Public Policy, in DISABILITY, WORK AND CASH BENEFITS 59, 83 (Jerry L. Mashaw et al. eds., 1996) (noting that work life extension from accommodations was from 2.6 to 7.5 years, but the range was affected by the severity of condition and expected prognosis rates).
224. See BLANCK, EMERGING WORKFORCE, supra note 23, at 82-83 (explaining the data organization in our prior research).
225. See NAT'L COUNCIL ON DISABILITY, TOWARD INDEPENDENCE 75-76, B-81 (1986) (discussing sheltered employment as nonintegrated work setting).
226. See id. at 30.
227. Future study will examine the reasons why individuals with disabilities leave traditional competitive employment activities for self-employment. Study III, infra, suggests that many workers with disabilities (or those who become disabled in workplace accidents) choose self-employment because their prior employers did not provide workplace accommodations. See infra notes 218-50 and accompanying text (providing findings from Study III interviews).
228. Interviews with Program Manager, supra note 36.
229. See Ticket to Work and Work Incentives Improvement Act of 1999, Pub. L. No. 106-170, § 2(b), 113 Stat. 1860, 1863 [hereinafter TWWIIA] (explaining the purposes of the Act). See generally JENSEN & SILVERSTEIN, POLICY BRIEF, supra note 143 (discussing the background and rationales of TWWIIA); Robert Silverstein, Emerging Disability Policy Framework: A Guidepost for Analyzing Public Policy, infra this issue.
230. TWWIIA may impact self-employment activities of persons with disabilities, for example by eliminating continuing disability reviews triggered solely by return to work activity. TWWIIA, supra note 190, § 111.
231. DVRS PUBLICATION, INSTRUCTIONS, supra note 162 (explaining that earnings are reported for the week prior to application for DVRS services and include wages, salaries, tips, commissions, and profits from self-employment). Weekly earnings range from $8 to $999. Weekly earnings are truncated to $999.
232. Schur, supra note 37, at tbl.5.
233. Id.
234. Id.
235. Id.
236. See Walter Y. Oi, Disability and a Workfare-Welfare Dilemma, in DISABILITY AND WORK: INCENTIVES, RIGHTS, AND OPPORTUNITIES 31, 38 (Carolyn L. Weaver ed., 1991) (stating that "disability steals time" and describing connections between functional limitations and uses of time).
237. The incorporation into labor market analyses of those actively seeking work for pay in self-employment and other work activities would allow for assessment of whether the ADA has influenced the number of individuals choosing federal assistance over work. See infra notes 241-45 and accompanying text (discussing applicants' use of governmental assistance programs). One of the expected benefits of the ADA was a reduction in individuals' dependence on SSI or disability income. See Equal Opportunity for Individuals With Disabilities 29 C.F.R. pt. 1630 (1991) (estimating savings in support payments of $222 million).
238. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 25 (citing Urban Miyares, The Enterprising Disabled: A Ten Year Perspective, in THE ENTREPRENEUR WITH A DISABILITY: A REPORT ON THE 19TH MARY SWIZER MEMORIAL SEMINAR 66-69 (1996) (noting that only 7% of start-up capital comes from bank loans or investors)). 200. Schur, supra note 37, at tbl.5.
239. "Other" public support is undefined. See DVRS PUBLICATION, INSTRUCTIONS, supra note 162, at D-26.
240. In this sample, 100 EWD applicants reported income from public assistance programs. See infra Appendix I; DVRS PUBLICATION, INSTRUCTIONS, supra note 162, at D-26. Public assistance is defined as money payments made (a) directly to the client, (b) to the client's family unit because of the disability, or (c) to the client as part of a larger check to the family unit for a reason other than the client's disability/public assistance. We had access to applicants receiving SSDI and SSI who used SSA work incentive programs, such as Plans for Achieving Self-Sufficiency (PASS) plans. These findings show that: (1) 128 applicants were receiving SSDI benefits, (2) sixty-eight were receiving SSI benefits, (3) four of the SSI recipient applicants were using PASS plans that allow participants to set aside income and resources toward a work goal but do not count as income towards figuring SSI payments or towards resource limits for initial and continuing reviews, and (4) one applicant was using the Impairment Related Work Expenses (IRWE) work incentive, which is a deduction from gross earnings to establish countable earnings for "Substantial Gainful Activity" determination. See SOC. SEC. ADMIN., PUB. No. 64-030, RED BOOK ON WORK INCENTIVES: A SUMMARY GUIDE TO SOCIAL SECURITY INCOME WORK INCENTIVES FOR PEOPLE WITH DISABILITIES 21-26 (1999) (stating that IRWE expenses are for items or services that allow the participant to work, related to the disabling condition, paid by the individual and not reimbursed, the expense is paid during a month when the participant is working). No applicants used 1619(A) or 1619(B) programs. See id. at 40-41 (noting that 1619(A) is "Special SSI Payments for People Who Work," and 1619(B) is "Continued Medicaid Eligibility" for people on SSI whose earnings are high for eligibility for SSI cash payments).
241. These time periods include time spent in the state DVRS system, tabulated by adding days spent in each status designation that DVRS uses, translating that number into years, and rounding down.
242. Interviews with Program Manager, supra note 36.
243. See infra Appendix I (illustrating these trends).
244. A listing of EWD applicant proposed business types is on file with the authors. The list includes business ideas in home health care services, clothing retail, automotive repair, computer training services, graphic design services, day care services, restaurant ownership, custom sewing services, vending machine sales, sign making, lawn care, hair styling, auto detailing, laser and ink cartridge restoration, goat farming, rabbit farming, and bait and tackle retail.
245. See infra Appendix I (illustrating trends).
246. Schur, supra note 37, at tbl.5 (stating that the difference between proportion for disabled and nondisabled is not significant). This difference also may be due to the fact that many applicants choosing ventures in the service sector ultimately may not be successful in that area.
247. Although retail ventures comprised 32% of the proposed ventures, they represented 24% of the cases closed successfully. See infra Appendix I (illustrating trends). Further study is warranted into the relation among business labor and market sector and successful outcome for entrepreneurs with disabilities.
248. Schur, supra note 37, at tbl.5 (stating that the difference between proportion for disabled and nondisabled is not significant).
249. One person proposed a nonprofit business; nonprofit businesses are not authorized to receive program support.
250. See Nancy Arnold et al., Self-Employment as a Vocational Rehabilitation Employment Outcome in Rural and Urban Areas, at http://ruralinstitute.umt.edu/rtcrural/SelEm/Monograph/ SelEmMono.htm.
251. Results at closure were compared to information from time of application to DVRS. Moreover, the positive findings are true for individuals who had been served in the state DVRS system for two to four years. See infra Appendix I (describing trends for length of time in DVRS system).
252. See INST. ON REHABILITATION ISSUES PRIME STUDY GROUP, PEOPLE WITH DISABILITIES DEVELOPING SELF-EMPLOYMENT & SMALL BUSINESS OPPORTUNITIES (1998) [hereinafter IRI] (examining self-employment with guidance for DVRS counselors).
253. See Arnold, supra note 212.
254. See id. (computing the index for each state from measures of population density and percentage of population living in urban areas).
255. See supra notes 37-41 and accompanying text.
256. Researchers reinterviewed Program Staff and the Program Manager on aspects of program operation.
257. The researchers consulted with the EWD Program Manager in developing the interview format. Once the topic areas were identified and interview questions developed, the researchers tested the interview script with EWD participants and others with disabilities. Interview questions were revised and expanded. The EWD participants who had been interviewed were reinterviewed using the revised and expanded questions.
258. As the interviews progressed, some participants did not, or were not able to, provide complete information for each interview session. To attempt to triangulate the information, subsequent interviews were conducted with the EWD Program Manager. These interviews revealed that much of the missing information for each participant (e.g., consultant costs) was contained in the EWD program files.
259. The thirty interviewees who agreed to participate represented approximately one quarter of the 112 program participants who had started or expanded businesses through the EWD program.
260. For illustrations of case studies, compare P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 11-15 (describing the experiences of entrepreneurs with disabilities).
261. All interviewees were mailed a written consent form, per human subjects research requirements.
262. The collaborative process enabled researchers to clarify the interview questions that were to be asked by the second independent interviewer so that the second interviewer could check for errors of self-reporting, develop additional information, and verify reported facts. Discussions among the researchers and EWD staff assisted in the verification of the information collected and the development of methods. This interaction helps to gain the permission and trust of the participants to conduct subsequent phases of the investigation.
263. A first round of nineteen participants at different stages in the EWD program were selected randomly. A second round of twenty-one participants then were selected to enhance the sample heterogeneity on the basis of business type and disability type and severity. In total, thirty participants agreed to be interviewed.
264. After testing the interview format and reviewing the program data, the researchers observed EWD staff engaging with participants to check the accuracy and information provided by the program.
265. In Study III, twenty-seven people were employed before onset, three were not. For income levels of persons with disabilities, see Douglas Kruse, Persons with Disabilities: Demographic, Income, and Health Care Characteristics, 121 MONTHLY LAB. REV. 8-15 (1998) (finding that people with disabilities are twice as likely to live in poverty than people without disabili-ties).
266. The findings from Study III illustrate that there are aspects of successful entry to selfemployment for people with disabilities that are more difficult than entry into traditional large corporate work settings (e.g., the provision of one's own workplace accommodations or the need to attain sufficient investment capital). The preliminary findings also illustrate, however, that there are aspects of self-employment that are particularly attractive to people with disabilities, such as the ability to maintain flexible work hours and limit transportation to work barriers.
267. The greatest loss was $ 100,000 per year, and the greatest gain was $72,000 per year.
268. See generally ALAN KRUEGER & DOUGLAS KRUSE, LABOR MARKET EFFECTS OF SPINAL CORD INJURIES IN THE DAWN OF THE COMPUTER AGE (Nat'l Bureau of Econ. Research, Working Paper No. 5302, 1995) (discussing employment and income trends); Richard V. Burkhauser &: Mary C. Daly, Employment and Economic Well-Being Following the Onset of a Disability, in DISABILITY WORK AND CASH BENEFITS 59-101 (Jerry L. Mashaw et al. eds., 1996) (discussing employment and income trends); Schur, supra note 37, at 12-13, 24 (noting trends in contingent workforce).
269. See generally ALAN KRUEGER & DOUGLAS KRUSE, LABOR MARKET EFFECTS OF SPINAL CORD INJURIES IN THE DAWN OF THE COMPUTER AGE (Nat'l Bureau of Econ. Research, Working Paper No. 5302, 1995) (discussing employment and income trends); Richard V. Burkhauser &: Mary C. Daly, Employment and Economic Well-Being Following the Onset of a Disability, in DISABILITY WORK AND CASH BENEFITS 59-101 (Jerry L. Mashaw et al. eds., 1996) (discussing employment and income trends); Schur, supra note 37, at 12-13, 24 (noting trends in contingent workforce).
270. See Kruse & Hyland, supra note 64, at 27 (finding this effect for employees without disabilities).
271. The deferral of income is a common strategy used by entrepreneurs for reasons related to the planned growth of the enterprise.
272. Tracking income and other eligibility guidelines for public and private benefits programs is a necessary but daunting task for persons with disabilities. See infra notes 240-45.
273. The mean gross annual income was $124,318.
274. Schur, supra note 37, at tbl.5 (noting that the difference between disabled and non-disabled workers is significant).
275. Id.
276. Study is required to assess whether the self-reported data comport with actual observed work hours and the degree to which the present self-selecting sample is representative of other like samples.
277. For a related critique, see Schwochau & Blanck, supra note 2, at 284-85, 305.
278. See infra notes 241-45 (discussing governmental benefits program).
279. TWWIIA, supra note 190, § 201(a)(1); JENSEN & SILVERSTEIN, POLICY BRIEF, supra note 143, at 5 (discussing the addition of section 1902(a)(10)(A)(ii)(XV) to the Social Security Act).
280. See TWWIIA, supra note 190, § 201(a)(2); JENSEN & SILVERSTEIN, POLICY BRIEF, supra note 143, at 5 (discussing the addition of Section 1902(a)(10)(A)(ii)(XVI) to the Social Security Act).
281. See TWWIIA, supra note 190, § 201(a)(3); JENSEN & SILVERSTEIN, POLICY BRIEF, supra note 143, at 5 (discussing the addition of section 1916(g) to the Social Security Act). Individuals with incomes over $75,000 must pay all premium costs, or the state can subsidize the cost, but not with federal match dollars. See TWWIIA, supra note 190, § 201 (a)(3)(2).
282. See TWWIIA, supra note 190, § 202(a); JENSEN & SILVERSTEIN, POLICY BRIEF, supra note 143, at 5 (discussing the amendment of section 226(b) to the Social Security Act).
283. TWWIIA requires the establishment of community-based work incentives planning, assistance programs, and SSA work incentives specialists, which may
284. In essence, many of these entrepreneurs were internalizing the costs of "discrimination" by starting their own ventures. See Peter David Blanck & Mollie Weighner Marti, Attitudes, Behavior, and the Employment Provisions of the Americans with Disabilities Act, 42 VILL. L. REV. 345-408 (1997) (discussing bases for attitudinal disability discrimination); Mollie Weighner Marti & Peter David Blanck, Attitudes, Behavior, and the ADA, in EMPLOYMENT, DISABILITY, AND THE AMERICANS WITH DISABILITIES ACT: ISSUES IN LAW, PUBLIC POLICY, AND RESEARCH (P.D. Blanck ed., 2000) [hereinafter Marti & Blanck, Attitudes, Behavior, and the ADA].
285. In essence, many of these entrepreneurs were internalizing the costs of "discrimination" by starting their own ventures. See Peter David Blanck & Mollie Weighner Marti, Attitudes, Behavior, and the Employment Provisions of the Americans with Disabilities Act, 42 VILL. L. REV. 345-408 (1997) (discussing bases for attitudinal disability discrimination); Mollie Weighner Marti & Peter David Blanck, Attitudes, Behavior, and the ADA, in EMPLOYMENT, DISABILITY, AND THE AMERICANS WITH DISABILITIES ACT: ISSUES IN LAW, PUBLIC POLICY, AND RESEARCH (P.D. Blanck ed., 2000) [hereinafter Marti & Blanck, Attitudes, Behavior, and the ADA].
286. See supra notes 38-44 and accompanying text (discussing studies of workplace accommodations).
287. It may be the case that standard economic theory assumptions about the provision of workplace accommodations in large corporate settings are not applicable to self-employment and micro-enterprise ventures. For a related review, see Schwochau & Blanck, supra note 2, at 283-93 (noting that the ADA only applies to employers with fifteen or more employees).
288. One of the most difficult areas in which to prove employment discrimination is the interviewing and hiring process because underlying attitudinal biases can be subtle or even unconscious. See Blanck & Marti, supra note 246, at 349-51.
289. For case studies of entrepreneurs with disabilities, see Bridges to Employment: Entrepre-neurship, at http://www.worksupport.com/topics/entrep2.asp (linking to a project sponsored by Virginia Commonwealth University, describing entrepreneurs' success stories); IRI, supra note 214, at 14-15 (discussing challenges and barriers to self-employment).
290. See Collignon, supra note 83, at 132-36. Future study of Iowa's EWD program may use indicators mentioned in this Article and others, such as participants' earned and gross income levels, availability and affordability of health insurance, reductions in welfare dependency, capital investments in the business, receipt of capital from lenders, levels of computer and Internet usage, costs and benefits of workplace accommodations, and economic sustainability and growth of the business venture. In addition, other measures may include the following: independent evaluations of participants' impairment type and severity, scales of individual functioning, perceptions of discrimination and ADA civil rights, the degree of independent living, and self-determination and quality of life (e.g., prior to and after beginning the EWD program). Outcomes on these measures also may be compared to those of other groups not participating in EWD-type programs (e.g., control groups) in Iowa and elsewhere. Finally, to rigorously collect and analyze such information, additional attention must be devoted to standardized and centralized data and filing systems so that researchers may conduct cross-sectional and longitudinal studies of EWD participants and program impact.
291. See generally Marti & Blanck, Attitudes, Behavior, and the ADA, supra note 246.
292. See Peter David Blanck & Helen A. Schartz, Towards Researching a National Employment Policy for Persons with Disabilities, in EMERGING WORKFORCE ISSUES: W.I.A., TICKET TO WORK, AND TRANSITION (R. McConnell ed., forthcoming 2000) (manuscript on file with authors) (discussing research of new welfare reform laws); Peter David Blanck, Researching the Work Environment: Disability, Employment Policy, and the ADA, in THE NEW PARADIGM ON DISABILITY: RESEARCH ISSUES AND APPROACHES (K. Seelman ed., forthcoming 2000) (same).
293. See Peter David Blanck & Helen A. Schartz, Towards Researching a National Employment Policy for Persons with Disabilities, in EMERGING WORKFORCE ISSUES: W.I.A., TICKET TO WORK, AND TRANSITION (R. McConnell ed., forthcoming 2000) (manuscript on file with authors) (discussing research of new welfare reform laws); Peter David Blanck, Researching the Work Environment: Disability, Employment Policy, and the ADA, in THE NEW PARADIGM ON DISABILITY: RESEARCH ISSUES AND APPROACHES (K. Seelman ed., forthcoming 2000) (same).
294. BLANCK, EMERGING WORKFORCE, supra note 23, at 69.
295. Collignon, supra note 83, at 130; Schwochau & Blanck, supra note 2, at 308-09.
296. See generally Bob Dole, Are We Keeping America's Promises to People with Disabilities? - Commentary on Blanck, 79 IOWA L. REV. 925 (1994) (discussing impact of research on policy). See also Corinne Kirchner, Looking Under the Street Lamp: Inappropriate Uses of Measures Just Because They are There, 7 J. DISABILITY POL'Y STUD. 77-90 (1996) (same); Schwochau & Blanck, supra note 2, at 308 (same).
297. See generally Bob Dole, Are We Keeping America's Promises to People with Disabilities? - Commentary on Blanck, 79 IOWA L. REV. 925 (1994) (discussing impact of research on policy). See also Corinne Kirchner, Looking Under the Street Lamp: Inappropriate Uses of Measures Just Because They are There, 7 J. DISABILITY POL'Y STUD. 77-90 (1996) (same); Schwochau & Blanck, supra note 2, at 308 (same).
298. See generally Bob Dole, Are We Keeping America's Promises to People with Disabilities? - Commentary on Blanck, 79 IOWA L. REV. 925 (1994) (discussing impact of research on policy). See also Corinne Kirchner, Looking Under the Street Lamp: Inappropriate Uses of Measures Just Because They are There, 7 J. DISABILITY POL'Y STUD. 77-90 (1996) (same); Schwochau & Blanck, supra note 2, at 308 (same).
299. See generally Peter David Blanck et al., 47 AM. PSYCHOL. 959 (1992) (discussing related ethical and research design questions); Robert Rosenthal & Peter David Blanck, Science and Ethics in Conducting, Analyzing, and Reporting Social Science Research: Implications for Social Scientists, Judges, and Lawyers, 68 IND. L.J. 1209 (1993) (same).
300. See generally Peter David Blanck et al., 47 AM. PSYCHOL. 959 (1992) (discussing related ethical and research design questions); Robert Rosenthal & Peter David Blanck, Science and Ethics in Conducting, Analyzing, and Reporting Social Science Research: Implications for Social Scientists, Judges, and Lawyers, 68 IND. L.J. 1209 (1993) (same).
301. In large part, the distortion is also due to the fact that these individuals would not even be represented in the sample of research participants.
302. See Rob Kitchin, The Researched Opinion on Research: Disabled People and Disability Research, 15 DISABILITY & SOC'Y 25-47 (2000) (discussing emancipatory and empowering research strategies);
303. Jennifer B. Mactavish et al., "I Can Speak for Myself': Involving Individuals with Intellectual Disabilities as Research Participants, 38 MENTAL RETARDATION 216-227 (2000) (describing a program of qualitative research focusing on the perspective of persons with disabilities);
304. Kirsten Stalker, Some Ethical and Methodological Issues in Research with People with Learning Disabilities, 13 DISABILITY & SOC'Y 5-19 (1998) (discussing issues of choice and consent in research involving individuals with learning disabilities).
305. BLANCK, EMERGING WORKFORCE, supra note 23, at 98.
306. See supra notes 185-88 and accompanying text for more information about the study findings.
307. Relative unemployment levels for participants declined by 23%, dropping from 37% in 1990 to 14% in 1998. Yet, more than three out of four (77%) of those participants not employed or employed in nonintegrated settings in 1990 remained in those settings in 1998. BLANCK, EMERGING WORKFORCE, supra note 23, at 126-27.
308. Over time the Oklahoma participants improved in their job capabilities, lived in more integrated settings, became involved in self-advocacy and citizenship activities, and reported enhanced accessibility to society. BLANCK, EMERGING WORKFORCE, supra note 23, at 102.
309. See supra notes 153-56 and accompanying text (discussing background measures of age).
310. RURAL INSTITUTE, supra note 8.
311. Id. at http://ruralinstitute.umt.edu/rtcrural/SelEm/monograph/IntroSelEm.htm (linking to a study of self-employment in rural rehabilitation).
312. BLANCK & STEELE, supra note 142.
313. FUTUREWORK, supra note 5; Schur, supra note 37, at 1-3, 9-11 (noting trends in contingent workforce).
314. See Schur, supra note 37, at 10 (noting that individual choice and labor market constraints contribute to higher rates of disabled contingent workers).
315. Research is being conducted on self-employment and entrepreneurship in other countries. See generally DISABILITY AND SELF-DIRECTED EMPLOYMENT: BUSINESS DEVELOPMENT MODELS (Alfred Neufeldt & Alison Albright eds., 1998) (discussing comparative research); 19 INT'L J. PRAC. APPROACHES TO DISABILITY, available at http://rehab. educ.ucalgary.ca/people/gladnet/listings.html (discussing self-employment initiatives around the world).
316. See, e.g., PETER DAVID BLANCK, COMMUNICATING THE AMERICANS WITH DISABILITIES ACT, TRANSCENDING COMPLIANCE: 1996 FOLLOW-UP REPORT ON SEARS, ROEBUCK & CO. (1997); Peter David Blanck, The Economics of the Employment Provisions of the Americans with Disabilities Act: Part I - Workplace Accommodations, 46 DEPAUL L. REV. 877 (1997); Peter David Blanck, Transcending Title I of the Americans with Disabilities Act: A Case Report on Sears, Roebuck and Co., 20 MENTAL & PHYSICAL DISABILITY L. REP. 278 (1996).
317. See, e.g., PETER DAVID BLANCK, COMMUNICATING THE AMERICANS WITH DISABILITIES ACT, TRANSCENDING COMPLIANCE: 1996 FOLLOW-UP REPORT ON SEARS, ROEBUCK & CO. (1997); Peter David Blanck, The Economics of the Employment Provisions of the Americans with Disabilities Act: Part I - Workplace Accommodations, 46 DEPAUL L. REV. 877 (1997); Peter David Blanck, Transcending Title I of the Americans with Disabilities Act: A Case Report on Sears, Roebuck and Co., 20 MENTAL & PHYSICAL DISABILITY L. REP. 278 (1996).
318. See, e.g., PETER DAVID BLANCK, COMMUNICATING THE AMERICANS WITH DISABILITIES ACT, TRANSCENDING COMPLIANCE: 1996 FOLLOW-UP REPORT ON SEARS, ROEBUCK & CO. (1997); Peter David Blanck, The Economics of the Employment Provisions of the Americans with Disabilities Act: Part I - Workplace Accommodations, 46 DEPAUL L. REV. 877 (1997); Peter David Blanck, Transcending Title I of the Americans with Disabilities Act: A Case Report on Sears, Roebuck and Co., 20 MENTAL & PHYSICAL DISABILITY L. REP. 278 (1996).
319. BLANCK, EMERGING WORKFORCE, supra note 23, at 150.
320. See Blanck & Pransky, Workers with Disabilities, supra note 180, at 590 (discussing the need for further research on the costs, benefits and effects of workplace accommodation); The Unintended Consequences of the Americans With Disabilities Act, infra 85 IOWA L. REV. 1811 (featuring debate discussing benefits of workplace accommodations).
321. See Blanck & Pransky, Workers with Disabilities, supra note 180, at 590 (discussing the need for further research on the costs, benefits and effects of workplace accommodation); The Unintended Consequences of the Americans With Disabilities Act, infra 85 IOWA L. REV. 1811 (featuring debate discussing benefits of workplace accommodations).
322. See PETER DAVID BLANCK, COMMUNICATING THE AMERICANS WITH DISABILITIES ACT, TRANSCENDING COMPLIANCE: A CASE REPORT ON SEARS, ROEBUCK & CO. (1994);
323. PETER DAVID BLANCK, COMMUNICATIONS TECHNOLOGY FOR EVERYONE: IMPLICATIONS FOR THE CLASSROOM AND BEYOND (1994);
324. Berven & Blanck, supra note 53, at 9-120 (classifying AT as any item, piece of equipment, or product system (i.e., acquired commercially, modified, or customized) that is used to improve the capabilities of individuals with disabilities);
325. Heidi M. Berven & Peter David Blanck, Assistive Technology Patenting Trends and the Americans with Disabilities Act, 17 BEHAV. Sci. & LAW 47 (1999).
326. See FUTUREWORK, supra note 5 (describing this trend).
327. See BLANCK, EMERGING WORKFORCE, supra note 23, at 3-4.
328. See Peter David Blanck & Leonard A. Sandler, ADA Title III and the Internet: Technology and Civil Rights, 24 MENTAL & PHYSICAL DISABILITY L. REP. (2000) (discussing this issue). In 1999, this issue received national attention with the filing of a class action lawsuit by the National Federation for the Blind against America Online (AOL). See Cynthia D. Waddell, The National Federation of the Blind Sues AOL, 2000 A.B.A. SEC. INDIVIDUAL RTS. & RESP., at 22-24.
329. See Peter David Blanck & Leonard A. Sandler, ADA Title III and the Internet: Technology and Civil Rights, 24 MENTAL & PHYSICAL DISABILITY L. REP. (2000) (discussing this issue). In 1999, this issue received national attention with the filing of a class action lawsuit by the National Federation for the Blind against America Online (AOL). See Cynthia D. Waddell, The National Federation of the Blind Sues AOL, 2000 A.B.A. SEC. INDIVIDUAL RTS. & RESP., at 22-24.
330. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 30 (recommending that distance learning programs be used to provide training and technical assistance to entrepreneurs with disabilities).
331. Web-based activities of small companies that have an online presence (e.g., certain travel agents, on-line catalogues, and retail stores) may be subject to ADA Title III provisions.
332. See Berven & Blanck, supra note 53, at 47-71 (discussing the "technology forcing" components of federal laws); supra note 274.
333. Blanck et al., supra note 54 (examining the relation among corporate culture, technology, and disability).
334. See Hearing on the Applicability of the Americans with Disabilities Act to Private Internet Sites Before the Subcomm. on the Constitution of the House Comm. on the Judiciary, 106th Cong. (2000) (on file with authors) (testimony of Judy Brewer) (discussing accessible web design). In addition, a tax credit is available to small businesses to offset expenses incurred for web site accessibility improvements. Iowa AD Tax Credit Act, supra note 175.
335. Study is underway of a financial services company as it transitions to an accessible web-based private Internet site and service. Peter David Blanck & David Klein, The New Nexus Among Accessible Internet Sites and Services, the ADA, and Market Advantage, WORKING PAPERS OF THE LAW, HEALTH POLICY & DISABILITY CENTER. For the Center's website, go to http://www.its.uiowa.edu/law/index.htm; for a description of the development of accessible web pages, go to http://sbaloans.com/textonly/.
336. See Jenny Strasburg, Pushing for Net Access Activists Point Out that Big Profits Await Web Sites that Accommodate the Disabled, S.F. EXAMINER, Mar. 26, 2000, at B1 (discussing profit-making opportunities).
337. See DISABILITY RIGHTS ADVOCATES, DISABILITY WATCH 2001: THE STATUS OF PEOPLE WITH DISABILITIES IN THE UNITED STATES, (2001) (discussing these and related statistics from December 1998 CPS and March 1999 by the Census Bureau); KAYE, COMPUTER AND INTERNET USE, supra note 20 (citing findings for persons with work-related disabilities).
338. Cf. Steve Gutterman, Disabled Find Access to Work at Home by Way of the Internet Trends: Many are Discovering the Freedom Afforded by Computers, L.A. TIMES, Mar. 27, 2000, at C5 (suggesting that access to the web can lead to an economic boom for disabled persons); Strasburg, supra note 284 (discussing the capability of the web in helping disabled persons lead more independent lives).
339. Cf. Steve Gutterman, Disabled Find Access to Work at Home by Way of the Internet Trends: Many are Discovering the Freedom Afforded by Computers, L.A. TIMES, Mar. 27, 2000, at C5 (suggesting that access to the web can lead to an economic boom for disabled persons); Strasburg, supra note 284 (discussing the capability of the web in helping disabled persons lead more independent lives).
340. See Kruse & Hyland, supra note 64, at 15 (finding that among home-based workers, computers are used by 49.5% of workers with disabilities and by 60% of workers without disabilities).
341. See Hearing on the Applicability of the Americans with Disabilities Act to Private Internet Sites Before the Subcomm. on the Constitution of the House Comm. on the Judiciary, 106th Cong. (2000) (testimony of Peter David Blanck) (discussing accessibility to the Internet); Harlan Hahn, Accommodations and the ADA: Unreasonable Bias or Biased Reasoning?, 21 BERKELEY J. EMP. & LAB. L. 166, 167 (2000) (discussing bias facing disabled persons); Peter David Blanck & Michael Millender, Before Civil Rights: Civil War Pensions and the Politics of Disability in America, 1862-1907, 52 ALA. L. REV. (forthcoming 2000) (manuscript at 35-41, on file with authors) (discussing history of attitudinal bias facing Americans with disabilities).
342. See Hearing on the Applicability of the Americans with Disabilities Act to Private Internet Sites Before the Subcomm. on the Constitution of the House Comm. on the Judiciary, 106th Cong. (2000) (testimony of Peter David Blanck) (discussing accessibility to the Internet); Harlan Hahn, Accommodations and the ADA: Unreasonable Bias or Biased Reasoning?, 21 BERKELEY J. EMP. & LAB. L. 166, 167 (2000) (discussing bias facing disabled persons); Peter David Blanck & Michael Millender, Before Civil Rights: Civil War Pensions and the Politics of Disability in America, 1862-1907, 52 ALA. L. REV. (forthcoming 2000) (manuscript at 35-41, on file with authors) (discussing history of attitudinal bias facing Americans with disabilities).
343. See Hearing on the Applicability of the Americans with Disabilities Act to Private Internet Sites Before the Subcomm. on the Constitution of the House Comm. on the Judiciary, 106th Cong. (2000) (testimony of Peter David Blanck) (discussing accessibility to the Internet); Harlan Hahn, Accommodations and the ADA: Unreasonable Bias or Biased Reasoning?, 21 BERKELEY J. EMP. & LAB. L. 166, 167 (2000) (discussing bias facing disabled persons); Peter David Blanck & Michael Millender, Before Civil Rights: Civil War Pensions and the Politics of Disability in America, 1862-1907, 52 ALA. L. REV. (forthcoming 2000) (manuscript at 35-41, on file with authors) (discussing history of attitudinal bias facing Americans with disabilities).
344. In the present study, a high proportion of EWD applicants and successful entrepreneurs had at least a high school diploma. See supra notes 160-61 and accompanying text.
345. Recent initiatives have enhanced entrepreneurs with disabilities' access to capital through micro-loan funds. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 37-38 (discussing how micro-enterprise loan funds give disabled entrepreneurs access to capital in ways that complement DVRS rehabilitation-based entrepreneurial programs).
346. See supra notes 271-73 (noting that the purchase of workplace accommodations by self-employed entrepreneurs with disabilities may be facilitated by tax credits).
347. Schwochau & Blanck, supra note 2, at 309-10 (citations omitted). See Harlan Hahn, The Political Implications of Disability Definitions and Data, 4 J. DISABILITY POL'Y STUD. 41, 46-49 (1993) (discussing sociopolitical perspectives on disability, which focus on interactions between individuals and their environment).
348. See P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 30 (noting that access to capital is central to small business success).
349. See id. at 25 (discussing entrepreneurs with disabilities' difficulty in receiving traditional funding, and noting alternative funding).
350. See id. at 42 (recommending the development of reliable and valid information about entrepreneurs with disabilities).
351. See PRESIDENT'S COMMITTEE, supra note 6 (listing barriers to and benefits of self-employment and providing self-employment profiles of disabled entrepreneurs); see generally Nancy E. Clarke & Nancy M. Crewe, Stakeholder Attitudes Toward ADA Title I: Development of an Indirect Measurement Method, 43 REHABILITATION COUNSELING BULL. 58 (2000) (describing survey method to study attitudes toward individuals with disabilities).
352. See PRESIDENT'S COMMITTEE, supra note 6 (listing barriers to and benefits of self- employment and providing self-employment profiles of disabled entrepreneurs); see generally Nancy E. Clarke & Nancy M. Crewe, Stakeholder Attitudes Toward ADA Title I: Development of an Indirect Measurement Method, 43 REHABILITATION COUNSELING BULL. 58 (2000) (describing survey method to study attitudes toward individuals with disabilities).
353. Cf. P.R. LIND & CO., GETTING DOWN TO BUSINESS, supra note 7, at 45 (recommending that disabled entrepreneurs be included in the list of those automatically presumed eligible for the SBA's 8(A) Business Development and Small Disadvantaged Business Programs).
354. See Collignon, supra note 83, at 129-47 (suggesting that studies need to be conducted); Dole, supra note 256, at 927-34 (discussing disability policy and why studies are important).
355. The web address for the Law, Health Policy & Disability Center is http://www.its.uiowa.edu/law/index.htm. The address the Researchers' Symposium is http://www.its.uiowa.edu/law/symposium/index.html. The symposium is sponsored by the National Institute on Disability Rehabilitation and Research.