Julia Gottlieb
Policy Analysis Paper
Professor Figueroa
US Politics, Section 4
Introduction
The goal of the Americans with Disabilities Act (ADA) of 1990 was to end discrimination against individuals with a qualified disability in the workplace. The ADA defines a disability as “a physical or mental impairment that substantially limits one or more major life activities”. The act was modeled on the Civil Rights Act of 1964, which was enacted to prevent discrimination based on race, sex, religion, color, or national origin. The ADA was enacted to extend similar anti discriminatory protections as the Civil Rights Act of 1964, to people with disabilities.
The original goal of the ADA was to provide the disabled with equal opportunities in the workplace. Supporters of the ADA believed that qualified individuals deserved a chance to work, regardless of their disability. The overall goal of the ADA was to create a more inclusive society.
The first draft of the act was introduced by Senator Harkin to the 101st Congress on May 9, 1989. The bill passed 76-8 and on July 26, 1990 former President George H.W. Bush signed the act. The act was amended in 2008 by former President George W. Bush. Since then there have been minor updates and in 2015 the ADA celebrated its 25th anniversary.
The Issue
Prior to the enactment of the ADA it was nearly impossible for a disabled person to get a job and often they were not even allowed to interview. Despite significant qualifications, the disabled could not get their foot in the door. After the ADA was passed and later enforced, those with disabilities were given the chance to prove their qualifications and abilities. They did not always get the job, but getting interviews was a big step for the disabled ,and a benefit ofs the ADA as a whole.
The next step for the ADA was to increase its coverage, so that the government could protect more aspects of the lives of the disabled. The ADA was broadened to include architectural design. by making buildings more accessible, and making it so businesses and stores are accessible both physically and in the way they interact with people with varying disabilities.
Historical Context and Titles
The ADA was brought about because of the intense discrimination faced by people with disabilities. A first step for people with disabilities was section 504 of the Rehabilitation Act. This act allowed people with disabilities to receive accommodations in schools. This was a good first step for the disability community, but the next steps were receiving rights in the workplace, and later in other aspects of life.
The ADA originally covered people with a disability right to equality in the workplace. Then in the years following the acts signing, titles were added to increase the reach of the ADA. The titles spread the coverage of the ADA from the workplace to covering aspects of everyday life. Title I was drafted regarding equality of opportunity for employment in the workplace. Title II forbid discrimination in all levels of government and government programs. Title III required commercial buildings to make themselves accessible. Under title IV it was required to provide telecommunication devices to those who needed them. Lastly Title V miscellaneous problems that may occur regarding the ADA.
Title I regarded the right to equal opportunity for employment for those with a disability. The title was designed in hopes of giving qualified applicants the chance at a job. This title made sure that even private employers were following the law laid out by the ADA. The title also required employers to provide reasonable accommodations and modifications to the person if hired. An example of a reasonable accommodation might be modifying the height of a desk or installing computer screen magnifiers. These accommodations would allow a qualified individual the chance do a job to the employers standards. The modifications are not put in place to give one individual an advantage, but an equal chance to prove themselves in the workplace. This portion of the act refers to employers who have fifteen or more employees and is regulated by the U.S. Equal Employment Opportunity Commision. The next title protected the rights of people with disabilities under their state and local government.
Under title II of the Americans with Disabilities Act it is prohibited to discriminate against any qualified individual in all programs, activities, and public entities. The act applies to every state and local government and all departments and agencies that fall under them. This title clarifies that accommodations must be given on public transportation regardless of if they receive financial aid from the federal government. The title specifies in detail, the standards for accommodation for all public transportation systems. The title also discusses emergency exit plans for those with a disability. Modifications include having ramps for wheelchair access and both flashing lights and sirens to allow both visually and auditorily impaired people to be aware of alarm systems. The title gives requirements for self evaluation as to how accessible your policies, practices, and procedures are. It also provides a guide to reasonable modifications that can be made. This title specifically outlines that architectural barriers be identified and modified so that those with impairments can access the buildings safely and efficiently. The title is regulated and enforced by the U.S. Department of Justice. Title III takes these ideas applies them to public places and places of commercial use.
Title III of the act creates a policy of nondiscrimination in the spectrum of public accommodations and commercial facilities. This includes but is not limited to facilities such as restaurants, private schools, hotels, and movie theaters. Even if the building is privately owned or leased, these laws of accommodation still apply to them due to title III. The title sets a standard of minimum needs for accessibility and requires these alterations be made in the construction of new facilities. It also requires that if a barrier on an existing building can be removed that it be done if it poses little expense or difficulty. The title also makes sure that the adjust their procedures as to be accessible and able to communicate with all individuals. Title III is regulated and enforced by the U.S. Department of Justice. Title IV of the act takes up the fight of providing necessary telecommunication devices for people with auditory and speech impairments.
Title IV of the Americans with Disabilities Act covers the necessity of proper accommodations in regards to telecommunication. Under Title IV it was required of telephone and and internet companies to provide services that allow individuals with hearing and speech disabilities to communicate both within their state and across state lines. It was required that all people be able to communicate through telephone regardless of their disability or impairment. This title also began the requirement of closed captioning on federally funded public service announcements. The title allowed people with auditory and speech impairments to be able to participate in phone conversations and to understand public service announcements. Later closed captioning became a normal service on most television shows. The title is regulated by the Federal Communication Commision. The final title of the ADA deals with miscellaneous needs not covered in the previous titles.
Title V covers varying entities relating to the ADA. It refers to relationships to other laws, the impact the law has on insurance providers and benefits, and also states that it is prohibited to retaliate or use coercion to not follow these laws. The final part of this title provides a list of what is not considered a disability, therefore not covered under the act.
Critiques of the ADA
Many critics of the ADA state that it is a cause for many frivolous lawsuits. From 1992 to 1997 there were over 90,000 complaints of discrimination that violated the ADA. Of these complaints, most were either failure to provide accommodations or cases of wrongful termination. People who do not believe in the ADA would criticize that these lawsuits were taking away valuable funds from companies. However from the point of view of the people being mistreated, these lawsuits are not in any way frivolous. The real problem with these lawsuits are the people who are claiming their rights under the ADA when they have no documentable disability. These lawsuits are in fact frivolous. It is important to have the ability to weed out the real cases versus the fraudulent cases. It is a necessity to maintain accommodations for those with documented disabilities and also preventing fake lawsuits from people abusing the discretion of the ADA.
Some of the people who were against the ADA were places that would be required to make expensive structural changes to their buildings in order to comply with the ADA. Many historical buildings such as churches and synagogues argued that it would be harmful to the historical integrity of the building to make such changes. These people were opposed to aspects of the ADA, however when taken to congress it was decided that the act would do far more good than harm and that's why it was passed with an overwhelming majority, despite the criticisms.
Assessment
Overall the ADA is an incredibly useful and important policy. The ADA allowed opportunities for people with disabilities that were unimaginable prior to the policy. Without this policy we would live in an incredibly non inclusive environment. The ADA allows for greater strides towards equality and nondiscriminatory policies. Though there may have been issues in the policy like fraudulent lawsuits abusing the power of the ADA, the policy overall does more good than harm. The ADA has changed the lives of many hardworking qualified people. It has allowed people to overcome their struggles and take on jobs that would have seemed impossible years ago. The ADA has given the disability community a chance to live their lives by not only obtaining and maintaining jobs and careers, but also by allowing private shops and offices to be physically accessible to them.
The ADA has made America a more inclusive and accessible society. It allows all people to be contributing members of society. Adding qualified individuals to the workforce is overall productive to the economy. Before the ADA many qualified individuals who had a disability were unable to get a job. Despite their prior education and other qualifications, they would not be hired due to their disabilities, in some cases they didn't even receive an interview once the employer was informed of their disability. There are still issues that need to be addressed such as what should be considered a disability and what should not, but overall the ADA has positively impacted many lives. There are still cases of discrimination, but the ADA gives legal power to those with disabilities and gives them the power to fight back against intolerance.
Conclusion
Overall, the Americans with Disabilities Act (ADA) is an extremely influential policy that greatly improved the lives of many. The act set out to allow equal opportunities in the workplace while also improving accessibility in public and private places. The ADA not only allowed qualified individuals a shot at obtaining jobs, but it also allowed them to function in places such as stores, movie theaters, and even on public transportation.
The ADA is productive for society because it allows all people to participate in society. It allows all types of people to earn money as well as go to stores and spend their hard earned money. The ADA allowed a new group of people to be contributing members of both the workforce and the economy. The ADA was overall a very good proposal as it benefited both people with disabilities as well as employers who were now receiving extremely capable individuals to work for their companies.
Without the ADA, America would go back to being a non inclusive, discriminatory society. The ADA made America safe for people of varying disabilities to work and live as they please. The ADA did not fix all discrimination and hatred, there is still much of this in America. The important part of the ADA is that it gives people with disabilities substantial legal protection.
The most important part of the ADA is the power, rights, and voice that it gives. Prior to the ADA people with disabilities were pushed around and told no because of their disability. Now under the ADA the have protection to assert their rights. The ADA has given this community a voice and they demand to be heard. The ADA has shown that it is not ok to discriminate or show bias towards someone based on their disability.
Overall the ADA is a life changing policy for many. It has allowed people with disabilities opportunities that would have seemed impossible years ago. The ADA was a major step towards making America a more inclusive society. In conclusion the Americans with Disabilities Act (ADA) is an extremely impactful act, that has helped to make America a better place for all.