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Interdisciplinary Disability Studies (IDS)

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The Americans with Disabilities Act

By: Kevin Mansfield, Cassie Bellefleur, & Jillian Farrell

Brief Historical Context of Disability Rights Legislation: ¹

• Grew out of the Civil Rights Movement of the 1960s.
• In the 1960s, rights for some disenfranchised groups were recognized.
• Section 504 of the Rehabilitation Act was designed to prohibit discrimination against people with disabilities.
• In the 1970s, only 67% of disabled people (16-24 years of age) were employed and only 25% were employed full-time.
• In 1988, the Fair Housing Act was amended to include two new classes: people with disabilities and families with children.
• In 1990 the ADA was passed.

Cited from Richards (2002).

Explanations of “Atypicality”

The ADA definition of atypicality is three fold:

1. An individual has a physical or mental impairment that substantially limits one or more of his/her major life activities;
2. He or she has a record of such an impairment; or
3. He or she is regarded as having such an impairment.

The ADA definition of atypicality is based entirely in the medical/diagnostic view of disability (DePoy & Gilson, 2004).

Americans with Disabilities Act of 1990

Overview

Signed into law on July 26, 1990, the Americans with Disabilities Act is wide-ranging legislation intended to make the United States more accessible to people with disabilities.

It is divided into five titles:

1. Employment (Title I)
2. Public Services (Title II)
3. Public Accommodations (Title III)
4. Telecommunications (Title IV)
5. Miscellaneous (Title V)

Who Qualifies

The ADA's protection applies primarily, but not exclusively, to "disabled" individuals. An individual is "disabled" if he or she meets at least one of the atypicality criteria (See the ADA definition of atypicality).

Other individuals who are protected in certain circumstances include (a) those, such as parents, who have an association with an individual known to have a disability as defined by the legislation, and (b) those who are coerced or subjected to retaliation for assisting people with disabilities in asserting their rights under the ADA.

Full Juncture (universal approaches designing the environment for the greatest range of people)
or
Compliance Juncture (disability specific accommodation maintaining standard environments but creating “special adaptations”). (DePoy & Gilson, 2008)

The ADA supports compliance juncture through the following mechanisms:

Equivalent Facilitation - “Departures from particular technical and scoping requirements of this guideline by the use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to the usability of the facility.” (28 CFR, Part 36)

• Minimum standards for Compliance Juncture.
• Full Juncture cannot be realized by a set of minimum standards.
• Some of the minimum requirements of the ADA have approximated universal access (i.e., ramps at building entrances) if not trumped by fiscal burden.

Highlights of ADA’s Effect On Us

• Starting July of 1992, companies with at least 25 people could not legally discriminate against employees during the application process, hiring, firing, advancement, or any other related area.
• In July of 1994, legal discrimination prohibitions were expanded to companies with at least 15 people.
• Public bus systems had to purchase Compliance Juncture buses (those with wheelchair accessibility).
• New buildings had to meet Compliance Juncture (minimal standards)
• Phone companies had to make a system for individuals with hearing and speech impairments (relay services).

Analysis

Advantages

• The ADA is a landmark piece of civil rights legislation.
• The ADA recognizes that disabled groups experienced discrimination.
• The ADA introduced the language of access to the public.
• The ADA increased participation of people with disabilities in a variety of environments and activities.

Disadvantages

• Economic concerns continue to be dominant over civil rights.
• Under the ADA, action is not invoked until a complaint is lodged.
• Reasonable accommodation does not promote sustained systemic change and equality of rights.
• The interpretation of the ADA is varied and politically driven.
• The ADA inadvertently locates people with disabilities in a segregated category of second-class citizenship.

References

Affirm Able Action Associates. (2008). What is the ADA? Retrieved April 5, 2008 from http://www.disability-access.org/ada.php.

DePoy, E. & Gilson, S. (2008). Healing the disjuncture: Social work disability practice. In K.M. Sowers & C.N. Dulmus (Series Editors) & B.W.White (Vol. Ed.), Comprehensive handbook of social work and social welfare: Vol. 1. The profession of social work. Hoboken, NJ: Wiley.

DePoy, E., & Gilson S.F. (2004). Rethinking disability: Principles for professional and social change. Pacific Grove, CA: Brooks-Cole.

Richards, D. (2002). Overview of Section 504. Retrieved April 5, 2008 from http://www.504idea.org/504overview.html .

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