American\'s With Disabilities Act American\'s Disabilities Act

American's With Disabilities Act

American's Disabilities Act

The Americans with Disabilities Act (ADA) of 1990 gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments (U.S. Department of Justice).

Background

The passage of Section 504 of the 1973 Rehabilitation Act marked a profound and historic shift in disability public policy. Section 504 banned discrimination on the basis of disability by recipients of federal funds. This legislation was modeled after previous laws which banned race, ethnic origin and sex-based discrimination by federal fund recipients.

With the passage of Section 504 the exclusion and segregation of people with disabilities was viewed as discriminatory for the first time. Previously, it had been assumed that the problems faced by people with disabilities, such as unemployment and lack of education, were inevitable consequences of the physical or mental limitations imposed by the disability itself. Enactment of Section 504 evidenced Congress' recognition that the inferior social and economic status of people with disabilities was not a consequence of the disability itself, but instead was a result of societal barriers and prejudices. As with racial minorities and women, Congress recognized that legislation was necessary to eradicate discriminatory policies and practices.

Section 504 was also historic because for the first time people with disabilities were viewed as a class - a minority group. Previously, public policy had been characterized by addressing the needs of particular disabilities by category based on diagnosis. Each disability group was seen as separate, with differing needs. Section 504 recognized that while there are major physical and mental variations in different disabilities, people with disabilities as a group faced similar discrimination in employment, education and access to society. People with disabilities were seen as a legitimate minority, subject to discrimination and deserving of basic civil rights protections. This "class status" concept has been critical in the development of the movement and advocacy efforts. The coalition of people with disabilities has been constantly put to the test by attempts to remove protections for particular groups. The history of the ADA is a testament to the movement's commitment to solidarity among people with different disabilities.

The ADA, as we know it today, went through numerous drafts, revisions, negotiations, and amendments since the first version was introduced in April of 1988. On September 7, 1989 the Senate voted 76 to 8 to approve the legislation sending the bill to the House where it was considered by an unprecedented four Committees. Each Committee had at least one subcommittee hearing, and more amendments to be explained, lobbied and defeated. Grass roots organizations worked tirelessly to prevent lobbyists for business associations and their members from weakening or opposing the bill.

The passage of the American with Disabilities Act meant that for the first time businesses must consider access for individuals with disabilities. If the ADA means anything, it means that people with disabilities will no longer be out of sight and out of mind. The ADA is based on a basic presumption that people with disabilities want to work and are capable of working, want to be members of their communities and are capable of being members of their communities and that exclusion and segregation cannot be tolerated. Accommodating a person with a disability is not a matter of charity but a basic issue of civil rights (Mayerson)

Discussion

Kevin Sparks notes proponents of the legislation contend the ADA seeks to balance the interests of all parities. The ADA has helped many people with disabilities gain access to facilities by establishing such standards as "reasonable accommodations," "removal of architectural barriers" and "readily achievable." The ADA is balanced in providing for the employer or business person as well. Employers do not have to provide accommodations if it would create undue hardship and businesses can limit their accessibility expenses by citing undue burden. A transition plan can be created for facilities to address accessibility issues in the future.

Additionally many students with disabilities have benefited from the ADA. Public schools must now make jobs and educational opportunities available to people with disabilities. Schools must make classes available and remove architectural barriers that would prevent access by both students and educators with a disability. The federal government ensures compliance by withholding funding from schools that do not provide both separate and combined educational opportunities for students with disabilities.

Finally the removal of curbs at intersections can benefit everyone. The creation of accessible ramps and curb-cuts for wheelchairs and walkers provide easier access for people using grocery carts, bicycles and baby strollers as well. Bathrooms are larger to accommodate the required turning radius for a wheelchair, which is better for everyone. Accessible portions of a restaurant counter or bar must now be provided for everyone, and business doors are not as hard to open as a result of the ADA.

Opponents of the legislation point out that legal enforcement of the ADA can be difficult and confusing. They maintain the ADA is so full of conflicting and vague concepts that compliance is difficult and costly. What is "reasonable"? What is "readily achievable"? Readily achievable is defined as easily accomplished, or able to be carried out without much difficulty or expense. What is "easily accomplished"? How much is too much difficulty or expense? The price of determining whether an accessibility component is "readily achievable" can cost a small fortune. These concepts often put businesses and the disability community at odds.

Furthermore, some argue that the ADA requires more of already overburdened teachers and the ADA has not helped education at all. While it may have aided in the removal of a few architectural barriers it has done nothing to meet students' educational needs. In addition, a teacher with a special-needs student is responsible for massive extra paperwork, which does not help the student's education and can deprive other pupils in the class of their fair share of attention. Also, many of the mandates placed upon schools are unfunded (Sparks).