Understanding the Americans with Disabilities Act

 

Understanding the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is a landmark piece of legislation that has transformed the landscape of disability rights in the United States. 

The Birth of ADA

The ADA was signed into law on July 26, 1990, by President George H.W. Bush. Its passage marked a significant victory for the disability rights movement, building on decades of activism and advocacy. The ADA aimed to eliminate discrimination against individuals with disabilities in various areas of public life, ensuring equal opportunities and accessibility.

Key Provisions of the ADA

The ADA is divided into five titles, each addressing different aspects of public life:

1. Title I – Employment: Prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, promotions, and accommodations. Employers with 15 or more employees must provide reasonable accommodations to qualified employees with disabilities.

2. Title II – Public Services: Ensures that individuals with disabilities have equal access to public services, including state and local government programs and services. This includes public transportation.

3. Title III – Public Accommodations: Requires that private businesses and non-profit organizations that serve the public must make their facilities accessible to individuals with disabilities. This includes restaurants, hotels, theaters, and retail stores.

4. Title IV – Telecommunications: Mandates that telephone and internet companies provide accessible communication services for individuals with hearing and speech disabilities, including the provision of telecommunications relay services (TRS).

5. Title V – Miscellaneous Provisions: Contains various provisions relating to the ADA, including its relationship to other laws and the impact on insurance providers and benefits.

Influential Figures in the Making of ADA

Several key figures and advocacy groups were instrumental in the development and passage of the ADA:

1. Justin Dart Jr.: Often referred to as the "Father of the ADA," Dart was a passionate advocate for disability rights. He traveled across the United States to gather stories from people with disabilities, which he presented to Congress to demonstrate the need for comprehensive legislation.

2. Judy Heumann: A prominent disability rights activist, Heumann's leadership and advocacy, particularly through her roles in various organizations and government positions, were crucial in pushing for the ADA.

3. Senator Tom Harkin: A leading advocate for the ADA in Congress, Harkin delivered part of his introduction speech in sign language to emphasize the importance of the legislation. His efforts were pivotal in securing bipartisan support for the ADA.

4. The Disability Rights Community: Organizations like the American Association of People with Disabilities (AAPD), the National Council on Independent Living (NCIL), and others played vital roles in advocating for the ADA and mobilizing public support.

Interesting Historical Context

The ADA was born out of the broader civil rights movement and inspired by earlier legislation, such as the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. Before the ADA, individuals with disabilities faced widespread discrimination and barriers to full participation in society. The ADA's passage marked a transformative moment, symbolizing a national commitment to equality and inclusion.

The Impact of ADA

Since its enactment, the ADA has had a profound impact on the lives of individuals with disabilities and American society as a whole. Key outcomes include:

• Increased Accessibility: The ADA has led to significant improvements in the accessibility of public spaces, transportation, and communication services, allowing individuals with disabilities to participate more fully in society.

• Employment Protections: The ADA has provided critical protections against employment discrimination, helping individuals with disabilities obtain and maintain jobs.

• Awareness and Advocacy: The ADA has raised awareness about disability rights and inspired ongoing advocacy efforts to ensure that its principles are fully realized.

ADA is more than just a legal framework; it is a milestone in the journey towards equality and inclusion for all individuals with disabilities. Its history, structure, and impact reflect the ongoing efforts to create a society where every person, regardless of ability, can live with dignity and autonomy. The contributions of dedicated advocates and policymakers were instrumental in its creation and continue to drive its implementation, ensuring that the principles of the ADA are realized in communities across the United States.

Understanding the Olmstead Act

The Olmstead decision, formally known as the Olmstead v. L.C. decision, is a landmark ruling by the United States Supreme Court that significantly advanced the rights of individuals with disabilities. Here's a closer look at its history, structure, impact, and the influential figures behind its enactment.

The Birth of the Olmstead Decision

The Olmstead decision was handed down on June 22, 1999. The case involved two women, Lois Curtis and Elaine Wilson, who had mental disabilities and were voluntarily admitted to the Georgia Regional Hospital. Although their doctors determined that they were ready to move to a community-based setting, they remained institutionalized for several years due to the state's failure to provide community-based services. The Supreme Court ruled that the unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the Americans with Disabilities Act (ADA).

Key Provisions of the Olmstead Decision

The Olmstead decision is rooted in the ADA's mandate to eliminate discrimination against individuals with disabilities. The main provisions include:

1. Community Integration: The decision requires states to provide community-based services for individuals with disabilities when such services are appropriate, the affected persons do not oppose community-based treatment, and the services can be reasonably accommodated, taking into account the resources available to the state and the needs of others with disabilities.

2. Reasonable Modifications: States must make reasonable modifications to their policies, practices, and procedures to avoid discrimination unless the state can demonstrate that making the modifications would fundamentally alter the nature of the services.

3. Comprehensive Plans: States are encouraged to develop comprehensive, effectively working plans for placing qualified persons with disabilities in less restrictive settings.

Influential Figures in the Making of the Olmstead Decision

Several key figures and advocacy groups played significant roles in the Olmstead case and its aftermath:

1. Lois Curtis and Elaine Wilson: The plaintiffs in the case whose experiences of unnecessary institutionalization highlighted the need for community-based services and set the stage for the landmark ruling.

2. Justice Ruth Bader Ginsburg: Delivered the opinion of the Court, which underscored the rights of individuals with disabilities to live in the community rather than institutions.

3. The Bazelon Center for Mental Health Law: Provided crucial legal representation and advocacy, helping to frame the arguments that led to the Court's decision.

4. ADAPT: A national grassroots community that organizes disability rights activists to engage in nonviolent direct action, supporting the implementation of the Olmstead decision through continued advocacy and activism.

Interesting Historical Context

The Olmstead decision came at a time when the disability rights movement was gaining momentum, building on the foundation laid by the ADA. The case highlighted the systemic issues within state-run institutions and the need for a shift towards community-based services. The decision was seen as a significant victory for the disability community, reinforcing the principle that individuals with disabilities have the right to live and participate fully in their communities.

The Impact of the Olmstead Decision

The Olmstead decision has had a profound impact on the lives of individuals with disabilities and on American society as a whole. Key outcomes include:

• Deinstitutionalization: The ruling accelerated the movement towards deinstitutionalization, encouraging states to develop and expand community-based services.

• Increased Access to Services: States have been prompted to improve access to community-based services, allowing individuals with disabilities to live more independently.

• Legal Precedent: The decision set a legal precedent that has been used in subsequent cases to advocate for the rights of individuals with disabilities.

• Comprehensive Planning: Many states have developed Olmstead Plans to outline their strategies for complying with the decision and expanding community-based services.

Related posts: #Disability_History, #Disability_Legislation #Disability_Rights,  #Olmstead_Act #Policy_Law

UNCRPD

UNCRPD. 

As an undergrad I had the opportunity to work on 42 case studies of the implementation of the UNCRPD by signatory countries. I learned so much about disability challenges, especially in under-resourced nations.  Thank you Professor Pineda for that internship opportunity. 

Disability Rights and both human rights and civil rights. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) represents a monumental step towards ensuring equal rights and inclusion for people with disabilities worldwide. 

What is the UNCRPD… Read on 

The Birth of UNCRPD

UNCRPD’s journey began in the early 2000s, rooted in a growing recognition that existing international human rights instruments were insufficient in protecting the rights of persons with disabilities (PWD). The Convention was adopted by the UN General Assembly on December 13, 2006, and it opened for signature on March 30, 2007 where  it received an overwhelming response; with 82 countries signing the Convention on opening day, making it the highest number of signatories in history to a UN Convention on its opening day. As of today, there are 182 parties to the Convention, including the European Union, which signed as a regional integration organization.

The drafting process of the UNCRPD was marked by unprecedented collaboration between governments and civil society, particularly organizations of PWDs. The "Nothing about us without us" motto became a central theme, ensuring that the voices of PWDs were at the forefront of the discussions. 

The first Conference of States Parties (COSP) to the UNCRPD was held in 2008 at the UN Headquarters in New York. This conference is an annual event where signatories gather to discuss progress, challenges, and strategies related to the implementation of the Convention. The COSP plays a crucial role in maintaining momentum and ensuring accountability among the States Parties.

Since its adoption, the UNCRPD has led to significant changes in legislation and policy around the world. Countries that have ratified the Convention are obligated to align their national laws and policies with its principles. This has resulted in greater awareness, increased accessibility, and more inclusive education and employment opportunities for PWDs. The Convention continues to inspire movements and advocacy efforts globally, reinforcing the idea that disability rights are human rights and that every person deserves to live with dignity, autonomy, and equality.

The UNCRPD is more than just a legal document; it is a powerful tool for change, reflecting a global commitment to ensuring that PWDs enjoy the same rights and opportunities as everyone else. Its history, structure, and impact demonstrate the ongoing efforts to build a more inclusive world where diversity is celebrated, and everyone is empowered to participate fully in society. The contributions of dedicated disability rights activists were instrumental in its creation and continue to drive its implementation, ensuring that the principles of the Convention are realized in the lives of persons with disabilities worldwide.

The U.S. and the CRPD

The United States signed the UNCRPD on July 30, 2009, indicating its support for the treaty's principles and its intent to promote and protect the rights of individuals with disabilities. However, despite signing the UNCRPD, the United States Senate has not ratified the treaty. This means that, although the U.S. has expressed its endorsement of the CRPD by signing it, the treaty has not been approved by the U.S. Senate and thus is not legally binding in the United States. The U.S. continues to adhere to its own disability rights legislation, such as the ADA, which served as an inspiration for the UNCRPD.

Main Sections of the UNCRPD

The UNCRPD is a comprehensive document that outlines the rights of disabled persons and the obligations of States Parties to promote, protect, and ensure these rights. It is divided into several key sections:

1. Preamble: This sets the context and outlines the underlying principles of the Convention.

2. General Principles (Article 3): Includes principles such as respect for inherent dignity, non-discrimination, full and effective participation and inclusion in society, respect for difference, and acceptance of persons with disabilities as part of human diversity.

3. General Obligations (Article 4): States Parties commit to ensuring and promoting the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination.

4. Specific Rights:

• Equality and Non-Discrimination (Article 5)

• Accessibility (Article 9)

• Right to Life (Article 10)

• Equal Recognition Before the Law (Article 12)

• Access to Justice (Article 13)

• Liberty and Security of Person (Article 14)

• Freedom from Torture (Article 15)

• Freedom from Exploitation, Violence and Abuse (Article 16)

• Living Independently and Being Included in the Community (Article 19)

• Education (Article 24)

• Health (Article 25)

• Work and Employment (Article 27)

• Participation in Political and Public Life (Article 29)

5. Implementation and Monitoring (Articles 33-40): These articles describe the measures for implementation and monitoring, including the establishment of a Committee on the Rights of Persons with Disabilities to oversee the Convention's implementation.

Related posts: #Disability_History, #Disability_Legislation #Disability_Rights, #Policy_Law

It is not the same being given enough time to finish an exam, in a setting that is conducive to focusing on answering the exam

Article Link: https://www.psychologytoday.com/us/blog/giving-voice/202410/how-reasonable-are-reasonable-accommodations-at-work

In education and in the workplace, appropriate accommodations are crucial for people to learn and to perform at their best. This article tackles the "reasonable" piece of the ADA rule. Who decides what "reasonable" is?

Even when accommodations are nominally given, the quality of the accommodation can vary immensely. It is not the same being given enough time to finish an exam, in a setting that is conducive to focusing on answering the exam, than having "1.5x" the time in a room with noisy people, in the middle of a lab, or in the professor's office, under the professor's gaze.

The article was written by Hari Srinivasan, who is a fellow member of the College Autism Network 

New article In Psychology Today

How Reasonable are Reasonable Accommodations at Work

https://www.psychologytoday.com/us/blog/giving-voice/202410/how-reasonable-are-reasonable-accommodations-at-work

Feedback.

Yes, 100% agree with these important points - the problems with reactive enforcement, power imbalances, "neurodiversity lite" etc. Thank you for being a powerful voice in favour of change!!  

Another brilliant article Hari. I am sharing it widely too. The students in our autism certificate programs always love your pieces and refer back to them frequently in their reflections.

Section 504

"No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

This one line powerful statement is the heart of Section 504 of the Rehabilitation Act of 1973, a landmark piece of legislation that laid the foundation for disability rights in the United States.  It was a groundbreaking step towards ensuring equal opportunities for individuals with disabilities in various aspects of public life.

The journey to its enactment and enforcement is a compelling narrative of relentless activism, dramatic protests, and the unwavering determination of a community fighting for their rights.

The Birth of Section 504

In 1973, the first federal civil rights protection for people with disabilities, Section 504 of the Rehabilitation Act, was signed into law. Section 504 specifically prohibits discrimination against persons with disabilities by any program or activity receiving federal financial assistance. This law was based on the language of previous civil rights laws that protected women and minorities, recognizing that society had historically treated people with disabilities as second-class citizens based on deeply held fears and stereotypes. These attitudes had translated into pity and persecution and later into policies that were based on paternalism.

Activism and the 504 Sit-in

Despite its promise, the implementation of Section 504 faced significant delays and resistance. Between 1973 and 1977, no regulations were issued to enforce it. During this period, strong regulations were drafted by attorneys in the Office for Civil Rights and sent to the Secretary of Health, Education, and Welfare (HEW) with a recommendation to publish them for public comment. However, opposition from covered entities such as hospitals, universities, and state and county governments led to much delay. The disability community filed a lawsuit in federal court, and the judge ruled that the regulations must be issued but did not specify when.

In response to these delays, the disability community mobilized. One of the most significant actions was the 504 Sit-in at the San Francisco Federal Building in 1977, led by activists like Judy Heumann and  Kitty Cone. This sit-in, which lasted 26 days, was the longest nonviolent occupation of a federal building in U.S. history. Kitty Cone, in her "Short History of the 504 Sit-in" on the Disability Rights Education and Defense Fund (DREDF) website, recounts the strategic planning and broad community support that sustained the protest.

Cone writes, "In the Bay Area, a broad cross-disability coalition, the Emergency 504 Coalition, began building for a rally on April 5th, knowing we’d sit in afterwards. We set up committees to take on different tasks such as rally speakers, media, fund-raising, medics, monitors, publicity, and outreach." The outreach committee's success in garnering broad community support from churches, unions, civil rights organizations, and others proved invaluable once inside the building. The Black Panther Party and Glide Memorial Church provided food, and the International Association of Machinists facilitated the transport of demonstrators to Washington."

The sit-in participants endured physically grueling conditions, sleeping on the floor and dealing with stress about their families, jobs, and health. Cone describes how all participants met daily to make tactical decisions in flowing, creative meetings that often went on for hours. This process was critical for developing consensus and a course of action.

Joseph Califano and the Regulations

The central figure of resistance within the government was Joseph Califano, the Secretary of HEW. Califano was reluctant to sign off on the regulations necessary to enforce Section 504. The activists' persistence, however, eventually bore fruit. Public pressure mounted, and the media attention garnered by the protests made it impossible to ignore their cause. On April 28, 1977, Califano finally signed the regulations, making Section 504 enforceable and marking a monumental victory for disability rights.

Impact of Section 504

Section 504 has had a profound impact on the lives of individuals with disabilities and on American society as a whole. Key outcomes include:

• Educational Opportunities: Section 504 has ensured that students with disabilities have access to educational opportunities and accommodations, leading to more inclusive schools and universities.
• Accessibility: The law has prompted public and private entities that receive federal funding to make their programs and facilities accessible to individuals with disabilities.
• Foundation for Future Legislation: Section 504 set the stage for subsequent disability rights laws, including the Americans with Disabilities Act (ADA), by establishing the principle that discrimination based on disability is illegal.

ADA is 34 years old

Celebrating the 34th Anniversary of the Americans with Disabilities Act

On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law, marking a historic milestone for disability rights. The ADA has been instrumental in prohibiting discrimination against the disabled in all areas of public life, including jobs, schools, transportation, and public and private places open to the general public.

The journey to the ADA's signing was fueled by the relentless efforts of dedicated disability rights activists. One pivotal moment in this movement was the televised and widely viewed Capitol Crawl on March 12, 1990. Hundreds of disability rights activists gathered in Washington, D.C., to urge Congress to pass the ADA. As part of the protest, dozens of individuals with disabilities left their wheelchairs and crawled up the 83 stone steps of the U.S. Capitol building, dramatically demonstrating the barriers they faced in everyday life. Among them was an 8-year-old girl named Jennifer Keelan, whose participation powerfully symbolized the need for change. Her determination and courage, along with that of others, highlighted the urgent need for comprehensive legislation to protect the rights of people with disabilities.

Key figures in the disability rights movement played crucial roles in advocating for the ADA. The late Judith Heumann (we miss you Judy), a lifelong advocate for the rights of people with disabilities, was instrumental in the fight for the ADA. Her leadership and tireless advocacy helped bring disability rights to the forefront of national consciousness. Ed Roberts, known as the father of the independent living movement, also significantly influenced the disability rights movement, emphasizing the importance of self-determination and community-based support. There were countless others whose contributions were vital in making the ADA a reality, reflecting a broad and united effort toward equality and inclusion.

The ADA consists of five titles, each addressing different aspects of public life:

1. Title I – Employment: Prohibits discrimination against individuals with disabilities in employment and requires employers to provide reasonable accommodations.
2. Title II – Public Services: Ensures that people with disabilities have equal access to public services, programs, and activities, including public transportation.
3. Title III – Public Accommodations: Prohibits discrimination in public accommodations such as restaurants, hotels, and stores, and requires accessible facilities.
4. Title IV – Telecommunications: Mandates accessible telecommunications services, including relay services for individuals with hearing and speech impairments.
5. Title V – Miscellaneous Provisions: Contains various provisions, including protections against retaliation and coercion, and guidelines for the implementation of the ADA.

It's humbling that laws like the ADA enable disabled individuals like me to avail of opportunities such as getting into college or even embarking on a PhD journey. Such a thing would have been unimaginable earlier. The ADA's passage represents the collective effort and resilience of countless individuals who fought for equality and accessibility. As we commemorate the 34th anniversary of the ADA, we honor the legacy of those activists and reaffirm our commitment to advancing the rights and inclusion of people with disabilities. 

https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/25/a-proclamation-on-the-anniversary-of-the-americans-with-disabilities-act-2024/

Related Posts: [Disability Legislation], [Disability Rights], [Disability History] [Autism Cares], [ADA], [Capitol Crawl] [Olmstead Act], [Section 504], 

The importance of remote and hybrid options.

 https://www.vanderbilt.edu/autismandinnovation/2023/07/28/nise-fellow-hari-srinivasan-posts-op-ed-in-fortune-on-the-importance-of-remote-work-in-the-disabled-community/ 

This week, Neurodiversity Inspired Science and Engineering Fellow Hari Srinivasan published an article in Fortune entitled: "Flexible work critics are using the same arguments that were used against disabled ramps and closed captioning. Equity of access should never be optional."

 
In the piece, Hari discusses the arguments now being made to roll back remote work options developed during the Covid-19 pandemic, arguing that the reasons given for the roll-back are similar to those made for other accessibility accommodations in the past. Hari points out the irony that remote work was often seen as impossible before the pandemic, but overnight became feasible: "Pre-pandemic, we had been told that it was not possible or not financially viable. Yet these models ironically became "convenient" and "financially viable" overnight when the non-disabled world needed them."

 
He details the importance of remote work options (including hybrid conferences) for disabled and neurodiverse individuals.

The article, in its entirety, can be found here: https://ow.ly/pXXN50Pnk8l
#Neurodiversity #ASD #Disability #Autism #Access #Hybrid #RemoteWork #Accessibility #Equity #ADA

The Capitol Crawl

In the annals of history, there are moments that define the strength of the human spirit and ignite a spark of change. One such moment that will forever be etched in the hearts of millions is the remarkable "Capitol Crawl." On a day that exuded courage, hope, and determination, 150 passionate activists, including a young and incredibly brave 8-year-old girl, converged upon Capitol Hill to demand justice and the passage of the Americans with Disabilities Act (ADA).

Wheelchairs and mobility aids were cast aside, not in surrender, but in a powerful symbol of defiance against a society that had overlooked the rights and dignity of persons with disabilities for far too long. Crawling up the monumental steps of Capitol Hill, these extraordinary individuals weren't just making a physical journey; they were forging a path towards societal inclusivity, equality, and respect.
 

ADA 33

"It is hard for younger generations to imagine a world without the ADA, but before it existed, if you were disabled, stores could turn you away and employers could refuse to hire you. Transit was largely inaccessible. America simply was not built for all Americans, but courageous activists pushed to change that. In 1973, the Congress passed the landmark Rehabilitation Act, banning discrimination by any federally funded entity. Then, 17 years later, a bipartisan group of legislators persevered in passing the ADA, banning discrimination against people with disabilities in most areas of public life, from the workplace and public schools to public transit and telecommunications.

The ADA has had a profound impact, but we still have much more work to do...."

 https://www.whitehouse.gov/briefing-room/presidential-actions/2023/07/25/a-proclamation-on-anniversary-of-the-americans-with-disabilities-act-2023/

Happy ADA 33