23 Indus. L.J. 254 (1994)
Research and Reports

handle is hein.journals/indlj23 and id is 268 raw text is: RESEARCH AND REPORTS
Disability and Employment: International Perspectives
Neil Lunt and Patricia Thornton, Employment Policies for Disabled People: A Review of Legislation and
Services in Fifteen Countries London: Employment Department, Research Series No. 16.1993. 206 pp.
Adam Pozner and Judith Hammond, An Evaluation of Supported Employment Initiatives for Disabled
People London: Employment Department, Research Series No.17. 1993.
During the course of 1994, the House of Commons Employment Committee's inquiry
into the disabled workers' quota scheme, and the unsuccessful attempts to introduce
private members' legislation outlawing disability discrimination, have once again focused
attention upon the role of law and legislation in advancing the employment expectations
of disabled persons. These two contributions to the Employment Department's research
series, published in October 1993, are a timely contribution to the debate.
In recent years a number of supranational organizations have produced surveys of
disabled employment legislation. These have been typically compendia of reports from
national rapporteurs (usually civil servants) and consisted of a litany of legislative
provisions with little or no attempt at critical analysis or further practical assessment. The
same cannot be said of the excellent review of legislation and services in fifteen countries
undertaken by Neil Lunt and Patricia Thornton of the Social Policy Research Unit at the
University of York. Their survey encompasses country reports for ten European nations
plus Australia and Canada, supplemented by three further in-depth studies of the
position in France, Germany and the United States. Each report or study is set in the
appropriate policy and institutional context, and examines definitions of disability,
disability statistics, employment support services, open employment legislation, measures
of financial intervention, sheltered employment, alternative forms of disabled employ-
ment, and the position of particular sub-groups of disabled persons.
Of particular interest to employment lawyers is Lunt and Thornton's account of the use
of legislation as a means of labour market intervention to assist the employment prospects
of persons with disabilities. They distinguish two broad types of approach to such
intervention. First, there is that group of countries, typified by the United States, Canada
and Australia, which locates disabled employment rights within over-arching anti-
discrimination legislation. It has been the paradigms presented by these nations which
have informed disability rights advocates in Britain and, of course, the Americans with
Disabilities Act 1990 has been especially influential upon the sponsors of the Civil Rights
(Disabled Persons) Bill which so singularly failed to make progress in the House of
Commons. Second, the European nations constitute a further group of countries: a group
whose disability policies tend to be departmentalized and fragmented, reflecting different
concerns with social security, social welfare and the labour market. These countries are
also distinguishable for their central reliance upon quota legislation, reserved occupations
and voluntary methods rather than adherence to any equal treatment or equal
opportunities principle.
The dichotomy between anti-discrimination norms and compulsory quotas is an
254                                           Industrial Law Journal. Vol. 23. No. 3. September 1994
@ Industrial Law Society

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