Americans with Disabilities Act Policy Analysis
Gabriella Giltner
Kutztown University
Abstract
Throughout this paper I will be analyzing the Americans Disabilities Act. I will discuss who it helps, its history, and what can be improved. I will also provide additional information from the text, Social Work Speaks, highlighting the opinions of social workers in regards to the policy. The analysis will provide the reader an in-depth, detailed, and educational look at the Americans with Disabilities Act. Millions of Americans are diagnosed and living with a disability, and face outside discrimination and turmoil because of it. The ADA breaks down these barriers and provides these individuals the equal opportunity they deserve.
Americans with Disabilities Act Policy Analysis
A. Throughout the country and even the world, millions of individuals, ranging from children to the elderly are diagnosed with some type of disability. A disability is a physical or mental condition that limits a person's movements, senses, or activities, and a disadvantage or handicap, especially one imposed or recognized by the law. (Potter) People affected by disabilities can be male or female, white, black, Hispanic, or Asian, young or old, rich or poor. There is no direct link to any type of person and the susceptibility to disabilities. Currently, more than twenty-six percent of the nations adult population experiences some form of disability. This country is based off of judgments, and preconceived notions. People believe that all people with mental health issues are “crazy”, “reactive”, and “impulsive”, therefore judgment has and will always play an enormous role of alleviating problems. The problems associated with mental health and disabilities will not be overcome until resources are plentiful, attention is brought to the public, and the people get the help needed for a better quality of life.
B. The Disabled community came to realize that the problem they were fighting was discrimination. The Disabled community came face to face with some of the same problems and challenges that every individual who is a minority faces, however, a disabled individual was not considered to be in a minority therefore could not be afforded the protections under the Civil Rights Act. A growing sense of unrest empowered the community to fight for its civil rights. Federal laws that were enacted prior to the ADA gave precedent for giving disabled individuals rights as a minority group under the Civil Right Act of 1964 such as the Rehabilitation Act of 1973 and the Fair Housing Act of 1988. In order for individuals with disabilities to fully participate and engage in society they need some form of support and reassurance. The push for equality and fair treatment resulted in the creation of the Americans with Disabilities Act. On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in employment, transportation, public accommodations, commercial facilities, telecommunications, and state and local government services. The problem that individuals with disabilities face is from external factors. People with physical and mental disabilities are often discriminated because of this, in the workforce, from the government, and in everyday life. Some factors that have created the problem is that people with these disabilities are considered lesser, or inadequate. Because of this, many organizations and businesses do not want to be bothered with this people, and push them onto others. The Americans with Disabilities Act (ADA), has helped to sustain and improve the negative connation associated with having a disability. The ADA protects people with mental disabilities, including people with mental illnesses. The ADA protects people who have a current mental illness or who are discriminated against because they have a history of such impairment or are regarded as having such an impairment. The Act prohibits discrimination in employment, in the activities of state and local government, and by private businesses. By implementing this Act, the government can make sure all people are being treated fairly and have equal opportunities to succeed in life.
C. Social Work Speaks, is a compilation of policy statements, and the collective thinking of many social workers and policy makers. The text highlights the positives of the ADA, the removing of discrimination from the workforce, and community, creating employment locations handicap accessible, and the governments force in enforcing the equality of the policy. However, these social workers believe the policy could create more benefits in the form of support outside the employment sector. For example, as noted in the text, many adults and children with disabilities are denied or cut off from benefits and live in poverty. (Axin & Levin, 1992) The poverty rate for people with disabilities is twenty-eight percent in comparison to 8.3 percent of the general population. These social workers have been behind the push for the equality in the workforce but now want to see a push for equality in other aspect of their lives.
D. The First policy written at a federal level regarding the discrimination of those with disabilities was the original Americans with disabilities Act of 1990 which prohibits discrimination and ensures equal opportunity for people with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. Since 1990, the policy has been modified twice and now helps not only the physically disabled but also those with mental disabilities, and those who were affected by major life events, in the employment sector. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities. The first part of the policy makes clear that the ADA applies to people who have impairments and that these limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, or learning disability is covered. The second part of the policy protects individuals with a record of a disability for example, a person who has recovered from cancer or mental illness.
E. The Americans with Disabilities prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. The eligibility requirements for receiving benefits are having an impairment that substantially limits a major life activity may mean that a person has a disability. But that alone still does not mean that individual is entitled to protection under the ADA. A person with a disability must also qualify for protection under the policy. A “qualified individual with a disability” is someone who meets the essential eligibility requirements for a program, service or activity with or without reasonable modifications to rules, policies, or procedures; removal of physical and communication barriers; and, providing auxiliary aids or services for effective communications. Although the policy cannot help every single person with disabilities due to funding, it attempts to help as many people as possible.
F. The policy is administrated and funded by both the state and federal government. The government is at a point in their development where they are not providing much supplemental and monetary benefits to the disabled community, instead enforcement for the equality of employment. Because of this, the policy does not rely heavily on funding but on support of the government to enforce the policy.
G. As of now, there are not many issues with funding due to the fact that most of these people are also receiving benefits from SSI, which is a different policy. The federal and state government use money from taxes to provide the local network sites, which are non-profit organizations that help both the disabled and employers. Although there are no apparent funding problems, I do think once the policy develops and grows into a more extensive policy there will be a demand for cash benefits, housing placements, and more in depth societal needs. When this occurs there will be a push for more funding from the government.
H. The Americans with Disabilities Act was originally very successful, however in recent years, employment for these individuals has declined. “Analysts have noted a decline in the employment rate of people with disabilities in recent years, and some evaluations of the ADA indicate that, rather than increasing employment, the Act may have reduced employment for those with disabilities,” noted the November 2008 edition of the Monthly Labor Review published by the U.S. Bureau of Labor Statistics (BLS). “Although the ADA was intended to increase employment opportunities for people with disabilities by prohibiting discrimination in the workplace and by requiring employers to accommodate the needs of workers with disabilities, economic theory is more ambiguous,” the BLS publication continued. “The major argument economists have made is that if employers perceive the costs of accommodation to be high, they will refrain from hiring workers with disabilities.” As of June 2010, less than 22 percent of people with disabilities of working age were employed, compared to 70 percent of people without disabilities.
I. ADA has helped to raise awareness of the challenges faced by people with disabilities and establish guidelines that help businesses better understand what is expected from them. But more work is needed and that HR professionals need to take the lead in addressing and eliminating the unconscious biases that exist in our work environments that sometimes impede the hiring of people with disabilities. This means holding leaders accountable for recruiting people with disabilities, as well as challenging leaders’ perspectives about people with disabilities. The policy created an open door for the employment opportunity for people with disabilities. Creating a more well rounded and intensive policy that does more for these people then just end discrimination may be a way to improve the policy. By providing societal support, housing opportunities, etc., this will give these individuals a better chance at integrating into society and feeling like they are apart of the community.
J. People all want to feel as if they are apart of a community, and want to be recognized. I personally would advocate for people with disabilities to receive more benefits and support from the government. Many individuals with disabilities want to live a normal life, and have the potential to, they just need an extra push. I believe the ADA does an adequate job with pushing these people into the workforce, but only that. I would provide vocational trainings, monetary assistance, housing placements, and awareness to the treatment of these people. I think it is important to not only help people with disabilities, but also help employers understand the importance of employing people with disabilities.
K. The Americans with Disabilities Act has created their own network sites and partnered with other organizations to allow for the support of the act. Some of these organizations include the ADA local network and regional cites, The ARC, Disability Power & Pride PA, and the American Association of People with Disabilities. These groups mentioned above are from all different walks of life, social classes, and parts of the country, however they share a common goal; to better the working conditions, living situations, and social aspects of those dealing with intellectual, physical, and mental disabilities. These groups are comprised of many different types of people, some advocating for loved ones, some groups are advocating for themselves, and some like me are advocating for the people as a whole. These groups and I all share similar vibes, in that we do not agree with how these people get treated, and something needs to be done. Many of these groups use basic political techniques to get awareness out. The groups hold fundraisers and charity events to not only bring in money and resources, but also create a sense of sympathy. The groups are constantly creating new policies amendments to ADA, in an attempt to better the act and also get the word out. Many states have made it a priority to provide individuals the resources needed whether it is training, counseling, or advocating.
The Americans with Disabilities Act has had mixed results and reviews since created in 1990. Millions of Americans are diagnosed and living with a disability, and face outside discrimination and turmoil because of it. The ADA breaks down these barriers and provides these individuals the equal opportunity they deserve. The main goal was to break down the barrier employers displaced onto people with disabilities looking to be employed. I believe this policy did the best it could have given the previous disposition people have of those who are disabled. Although the policy did not eliminate discrimination completely, it has taken our country to the next level, and can only improve from here.
References
The Americans with Disabilities Act: 25 Years Later. (2015, July 23). States News Service. Retrieved December 4, 2015, from http://www.highbeam.com/doc/1G1-423022932.html?
O'brien, G., & Ellegood, C. (2005). The Americans with Disabilities Act: A Decision Tree for Social Services Administrators. Social Work, 271-279.
Stewart, L. (2011). Americans with Disabilities Act. Encyclopedia of Human Services and Diversity.
Social work speaks: National Association of Social Workers policy statements, 2009- 2012 (8th ed.). (2009). Washington, D.C.: NASW Press.
Prestes, B. (2009). Disciplining the Americans with Disabilities Act's Direct Threat Defense. SSRN Electronic Journal SSRN Journal.
Pardeck, J. (2001). An Updateon the Americans with Disabilities Act. Journal of Health & Social Policy, 1-15.