Disability Rights DBQ

The Americans with Disabilities Act, or ADA, was officially created after a long

withstanding movement for disability rights, which was brought about by communities all across

the United States (Source 1). As defined in the Guide to Disability Rights Laws, the ADA

“prohibits discrimination on the basis of disability in employment, state and local government,

public accommodations, commercial facilities, transportation, and telecommunications” (Source

3). According to the U.S. Department of Justice, over 50 million Americans have disabilities,

represented as 18% of our population (Source 6). Under the ADA, there are two basic parts to

having a disability, which include that one “must actually have what is considered to be a

‘physical

or mental impairment’” (Source 4) as well as that “the impairment must ‘substantially

limit one or more of your major life activities’” (Source 4). It was not until 1988 that the first

version of the ADA was introduced in Congress, and then in 1990 the act was signed at an

official ceremony that took place at the White House (Source 1). The purpose of this particular

act is to change the stereotype and encourage the acceptance of individuals with disabilities,

allowing them to live and thrive within their community instead of becoming segregated. Along

with this growing movement for disability rights, the independent living movement

“…challenged the notion that people with disabilities needed to be institutionalized…” (Source

1). Because of this, many groups of people began to fight for those with disabilities in order to

provide services and accommodations for them to live comfortably within their communities.

There is no single individual that can be credited for birthing the ADA, as it was an

overall group effort that was brought to light through many years of work including organizing,

protesting and drafting legislation in the United States (Source 1). Throughout the last few

decades, the disability rights movement has “…made the injustices faced by people with

disabilities visible to the American public and to politicians” (Source 1). Considering the fact

that the ADA has only officially been a part of our legal system for a little over 25 years, it is

easy to figure that the segregation of disabled individuals was often swept under the rug – rarely

mentioned or discussed by public figures in American society. Similar to the vast civil rights

movements that peaked in the 1960s, Americans with disabilities also experienced similar,

discriminatory treatment due to their visible disability, rather than the color of their skin. And

just like the action taken by those in the realm of civil rights, the disability rights movement

“sought justice in the courts and in the halls of Congress” (Source 1).

According to an essay from

the Boston University Law Review, there were a number of similar tactics used when comparing

the civil rights movements to the disability rights movements, as stated:

Like the Civil Rights Act of 1964, the ADA was intended to express a national sentiment

that people with disabilities were to be brought into full citizenship. It required employers

and privately owned places of public accommodation to think about disability inclusiveness

in different ways, and it asked them to make certain accommodations and changes, at their

own expense, in the name of bringing people with disabilities into the fold (Source 2).

In terms of legal perspective, a shift in disability public policy occurred with the passage

of Section 504 of the 1973 Rehabilitation Act (Source 1). The 1973 Rehabilitation Act prohibits

discrimination on the basis of disability regarding programs that exist in part with federal

agencies; including those “…conducted by federal agencies, in programs receiving federal

financial assistance, in federal employment and in the employment practices of

federal

contractors” (Source 3). Specifically, for Section 504, the rule states that “no qualified individual

with a disability in the United States shall be excluded from, denied the benefits of, or be

subjected to discrimination under any program or activity that receives federal financial

assistance…” (Source 3). This section of the act paved way to even more growth within the area

of disability rights, leading to the ultimate creation of the ADA as its own separate entity.

When breaking down the ADA into its separate components, one will find that the act

currently has four titles – Title I: Employment, Title II: State and Local Government Activities

along with Title II: Public Transportation, Title III: Public Accommodations and Title IV:

Telecommunications Relay Services (Source 3). Title I covers employment, and is the one that

relates most closely to aspects of business and hiring practices. Under Title I, there is a

requirement that employers with 15 or more employees must “provide qualified individuals with

disabilities an equal opportunity to benefit from the full range of employment-related

opportunities available to others” (Source 3). This is where hiring practices fit in most closely, as

“discrimination in recruitment, hiring, promotions, training, pay, social activities and other

privileges of employment” (Source 3) is strictly prohibited. Due to this Title, there is a restriction

on questions being asked in the job applicant process that have to do with any physical or mental

disability (Source 3). This is important to keep in mind, so no hiring decisions are made on the

basis of the disability or where any limitations may lie for the potential candidate. Therefore, if a

qualified individual is hired, has a disability and is eligible for accommodations under the ADA,

employers are required to make reasonable accommodation, unless in the case of undue hardship

(Source 3). This would mean that the accommodation places a significant fee or expense on the

employer, or is difficult to acquire.

Title II involves two separate parts, the first being protection under State and local

government activities. It requires that State and local governments give those with disabilities an

“equal opportunity to benefit from all of their programs, services and activities” (Source 3).

Some examples of these services include public education, health care, social services, courts,

voting, and town meetings, among others (Source 3). Tuning in more closely, the next part of

Title II focuses on public transportation – that is, coverage of public transportation services, such

as city buses and public rail transit (Source 3). This part of the ADA states that public

transportation authorities “may not discriminate against people with disabilities in the provision

of their services” (Source 3). The title also states its compliance with requirements for

accessibility in newly purchased vehicles, making efforts to purchase or lease accessible used

buses, remanufacture buses in an accessible manner, and provide paratransit (Source 3).

Paratransit is “a service where individuals who are unable to use the regular transit system

independently are picked up and dropped off at their destinations” (Source 3).

Under Title III, public accommodations are covered for individuals with disabilities. This

includes private entities who own, lease, lease to, or operate facilities such as restaurants, retail

stores, hotels, zoos, private schools, doctors’ offices, and homeless shelters, just to name a few

(Source 3). This ultimately means that these public accommodations must comply with basic

nondiscrimination requirements, prohibiting exclusion, segregation and unequal treatment of

those who have disabilities (Source 3). Title III a common one that people refer to in terms of

addressing requirements “related to architectural standards for new and altered buildings”

(Source 3), that being accommodations that include elevators, ramps, lights and speakers as well

as things like door and building signs that feature braille (Source 3). For a building such as a

commercial facility or a place where “educational, professional, or trade-related courses and

examinations are taken” (Source 3) there must be compliance with ADA regulations and

standards.