American Disability Act Unit 10

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1 The American Disability Act-Federal Policy Analysis and Recommendations Cassandra Roach Capella University Dr. Sandi Barberis SWK 5002 12/14/2022

2 Introduction The Americans with Disabilities Act (ADA) is a piece of legislation that was enacted in 1990 to protect the civil rights of those who have some impairment. The Americans with Disabilities Act (ADA) makes it illegal to discriminate against people who are disabled in any facet of public life (Payne, 2018). This includes employment, education, transportation, and access to both public and private facilities. The Americans with Disabilities Act (ADA) contains accessible design requirements for newly constructed and altered structures. The ADA can be broken down into five sections, often known as titles. Title I of the Rehabilitation Act prohibits employment discrimination against eligible people with disabilities. In all of the programs, activities, and services that state and local governments provide, it is against the law to discriminate against qualifying individuals with disabilities under Title II. In public accommodations and commercial facilities, it is against the law to show prejudice toward eligible people who have impairments under Title III. Title IV requires companies in the telecommunications industry to make their services accessible to customers who have disabilities. Title V comprises different provisions. The Americans with Disabilities Act (ADA) is policed by the Department of Justice (DOJ) of the United States of America and the Equal Employment Opportunity Commission of the United States of America (EEOC). The Department of Justice enforces Title II (the programs and services offered by state and local governments) and Title III (public accommodations and commercial facilities). The EEOC is in charge of enforcing Title I. (employment). The Americans with Disabilities Act has significantly contributed to improving the quality of life for those who are disabled (Butler et al., 2022). It has opened up new opportunities for employment,

3 education, and full participation in society. The Americans with Disabilities Act has also encouraged the development of novel products and services that make buildings and transportation networks more accessible to people with disabilities. Social Justice Analysis The Americans with Impairments Act is connected to the social justice problem of discrimination against people who have disabilities in several different ways. The Americans with Disabilities Act (ADA) makes it illegal to discriminate against people who are disabled in any aspect of public life. This includes employment opportunities, transportation, and public accommodations. This provides access to work opportunities, educational opportunities, transportation options, and public and private facility options (Perin, 2019). This guarantees that people with disabilities have equal access to the opportunities available to the general population. Second, the ADA specifies rules for the accessible design of newly created buildings as well as those that have previously been constructed. These guidelines apply to newly constructed buildings and buildings that have already been built. As a direct consequence of this change, it will be much less complicated and easier for people with disabilities to enter buildings and participate in social activities. The Americans with Disabilities Act is also broken into five separate sections or titles, each addressing discrimination against people with disabilities. This is important because the problem of discrimination is multifaceted. This all-encompassing approach ensures that every facet of life is considered by considering its aspects. In summary, the Americans with Disabilities Act (ADA) is overseen and enforced by the United States Equal Employment

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4 Opportunity Commission and the Department of Justice in the United States. As a result, it is assumed that persons who are disabled will not face any discrimination. Federal Policy Connection The ADA offers a variety of programs and services to individuals with disabilities. These programs and services include, but are not limited to: Title I: Employment Discrimination- This title of the ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment. This includes, but is not limited to, recruitment, hiring, promotions, wages, benefits, and termination (Hill, 2021). Title II: State and Local Government Programs and Services- This section of the ADA makes it illegal for state and local governments to discriminate against people with disabilities who are qualified to participate in any of the programs, activities, or services they offer. This includes, but is not limited to, public housing, public transportation, public schools, and other similar services. Title III: Public Accommodations and Commercial Facilities- Under this section of the ADA, discrimination against qualifying individuals who are disabled are outlawed in all public accommodations and commercial establishments. This includes, but is not limited to, restaurants, movie theatres, stadiums, and other public gathering places. Title IV: Telecommunications- This section of the ADA requires companies in the telecommunications industry to make their services accessible to individuals with disabilities. This includes, but is not limited to, ensuring that those who are deaf or hard of hearing have access to telephone services and other forms of communication.

5 Title V: Various Provisions- This section of the ADA has several different provisions. These provisions include but are not limited to, the establishment of the National Council on Disability and the production of an accessible format for papers produced by the federal government. However, it should be noted that these provisions do not apply to all disabilities (Terwin, 2018). Historical Issues and Context The ADA was enacted in response to the need to safeguard disabled individuals against discrimination. The Americans with Disabilities Act was passed to give people with impairments the same civil liberties and chances. On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law by President George H. W. Bush (Shapiro, 2020). The Americans with Disabilities Act (ADA) is a landmark piece of legislation that guarantees basic protections for people with disabilities in the United States to ensure that people with disabilities have equal access to mainstream American culture. The ADA covers a wide range of conditions that can be considered disabilities, including hearing, vision, and mobility impairments, as well as conditions such as cancer, diabetes, epilepsy, and mental health disorders. The ADA also covers individuals with a history of disability, even if they do not currently have a disability. Several years were spent working on the development of disability regulations. The 1973 Rehabilitation Act was the first legislation to pave the way for the Americans with Disabilities Act (ADA). The Rehabilitation Act made it illegal to discriminate against people with disabilities in activities or programs that received funding from the federal government (Stern & Axinn, 2017). The Americans with Disabilities Act was passed in 1990, which expanded the protections provided by the Rehabilitation Act and extended them to all aspects of public life. This law came into effect 20 years after the original law (Strauser et al., 20200.

6 The Americans with Disabilities Act (ADA) was implemented due to a long history of discrimination against those with impairments. This was done as a direct result of discrimination. This discrimination presented itself in several ways, including denying labor and school opportunities and access to public services. People with disabilities were usually treated with less respect than others and were denied access to the same options. Ultimately, this led to a movement that fought for the civil rights of people with disabilities. The passage of the Americans with Impairments Act (ADA), a landmark piece of legislation that protected the civil rights of people with disabilities, served as the movement's climax and finale. The ADA was known as a landmark piece of legislation. The ADA resulted from many years of advocacy by people with disabilities and their allies. The disability rights movement began in the 1950s with people like Ed Roberts, one of the first students with severe disabilities to attend the University of California, Berkeley (Danforth, 2020). In the 1960s and 1970s, the movement gained momentum with the passage of landmark legislation like the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975. In 1988, Congress passed the Americans with Disabilities Act Amendments Act (ADAAA), which made several significant changes to the ADA. The ADAAA was signed into law by President George W. Bush in 2008. The ADA has profoundly impacted the lives of people with disabilities. It has helped to improve access to education, employment, transportation, and other areas of public life. The ADA has also been a powerful tool in the fight against discrimination.

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7 Effectiveness of the Policy The ADA has effectively ensured that people with disabilities have the necessary equipment and facilities at the workplace. For example, the Americans with Disabilities Act mandates that businesses make "reasonable accommodations," such as providing a wheelchair- accessible work environment or adapting machinery for employees who need them (Blanck, 2021). The ADA also requires schools to make accommodations for students with disabilities, such as supplying Braille books or allowing extra time for tests. Because of the ADA, more public spaces are now accessible to people with disabilities. For example, the ADA requires that all new or renovated public buildings be accessible to people with disabilities. The ADA also requires that all public transportation be accessible, such as providing wheelchair-accessible buses and trains. The ADA has been effective in improving the lives of people with disabilities. However, more needs to be done to fully implement the ADA and guarantee that people with disabilities enjoy full participation in society. The ADA has significantly impacted disabled people's lives since it was passed. For people with disabilities, it has expanded access to employment, education, transit, and public accommodations. (Campbell et al., 2021). It has also helped to increase awareness of the rights of people with disabilities and has resulted in incorporating disability rights into other areas of civil rights law. The ADA has been essential for people with invisible disabilities, such as mental illness, as it has helped to break down the stigma associated with these conditions; however, success in this area has not been achieved to the fullest. The ADA has also positively impacted the economy, as businesses have been required to make their products and services accessible to people with disabilities. This has resulted in the development of new products and services, as well as the creation of employment.

8 Policy Feasibility The ADA is a practical policy that has positively impacted the lives of millions of Americans with disabilities. The law has paved the way for disabled persons to have equal access to education, employment, and all the other rights and privileges that come with being a legal resident of the United States. The ADA has also been instrumental in changing attitudes about people with disabilities and fostering a more inclusive society (Robbins et al., 2022). The ADA is a law with good intentions that has benefited the lives of many persons who are disabled. There are some difficulties with the process, however. Incomplete application and enforcement of the ADA is a significant obstacle. Many businesses still don't make appropriate accommodations for their employees who need them because of impairments. Many public spaces remain inaccessible to those who rely on wheelchairs or other mobility aids. Another challenge is that the ADA does not always provide clear guidance on how to comply with the law (Stromquist, 2022). This can make it difficult for people with disabilities to know their rights and businesses to understand how to comply with the law. Many persons in the United States with disabilities have been excluded from the public education system due to preconceived notions, prejudice, and inaccessible buildings. Furthermore, many persons in the United States who are disabled have trouble accessing public services like transportation and health care, as well as the technology they need to participate in modern society fully. The right to vote and participate in public life has been denied to some disabled Americans in the United States. Overall, the ADA is a helpful policy that has made progress in improving the lives of people with disabilities, but there is still room for improvement.

9 Current State of Policy Implementation The Americans with Disability Act main purpose is to make American Society more accessible to people with disabilities. Title 1 prohibits discrimination in private employers, state and local Government, employment agencies and labor unions. It protects individuals with disabilities during job application procedures, hiring and firing, advancement and compensation, job training and other privileges of employment. In addition, Title 1 also covers other terms and conditions, recruitment, advertising, tenure, layoff, leave and fringe benefits. Individuals can be considered having a disability if they have a limit on one or more major life activities, has a record of such an impairment or is regarded as having an impairment. Qualified individuals for employment meets the skill, experience, education or other requirements and can perform essential job functions with or without accommodations. The most vulnerable group of workers that need reasonable accommodation includes the disabled. Reasonable accommodation simply implies ensuring that employees are provided with the support they need for them to deliver impeccably (Blanck, 2021). However, the concept of reasonable accommodations relative, and there is a need for employers to act in a tolerant manner. For instance, some people cannot manage to stand for long at work due to issues with their legs. Such people should be supported and given the necessary to perform their duties. It is evident from the case that one could be having experience, but disability limits them or may lead to loss of their job. The Americans with Disabilities Act helps people with various problems cope up within the job market. Employers are obliged to respect and treat people with disabilities in accordance with the requirements of the ADA. However, the Employer is free to select the most qualified applicant available and make decisions not based solely on disability.

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10 Title 2 of the Act is based on public services. State and local government agencies cannot deny services to people with disabilities or deny participation in programs or activities that are available to people without disabilities. In addition, public transportation must be handicap accessible. Title 3 focuses on public accommodations. It prohibits discrimination on the basis of disability in the activities of places of public accommodations. Facilities such as restaurants, hotels, grocery stores and retail stores must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. Title 4 focuses on telecommunications. Telephone services provided by companies must have telephone relay services to individuals who use telecommunication devices for the deaf (TTYs) or similar devices. It requires telephone companies to provide continued voice transmission services that allow people with hearing and speech impairments to communicate over telephone through teletypewriter. In addition, it requires that federally funded television public services messages be close captioned for viewers with hearing impairments. Title 5 of the Act includes a provision prohibiting either coercing or threatening or retaliating against individuals with disabilities or those attempting to aid people with disabilities in asserting their rights under ADA. Effectiveness Conclusions While the ADA has achieved much success thus far, much more remains to be done to guarantee that all people with disabilities enjoy full participation in society. The biggest challenge facing the ADA is that it is not always fully implemented or enforced. Another challenge is that the ADA does not always provide clear guidance on how to comply with the

11 law. This can make it difficult for people with disabilities to know their rights and businesses to understand how to comply with the law. The ADA is a helpful policy that has made progress in improving the lives of people with disabilities, but there is still room for improvement. Recommendations The ADA needs laws in place to cover all types of disabilities, especially mental illness. For example, the ADA does not cover mental illnesses, a common disability. One of the main criticisms of the ADA is that it does not do enough to protect individuals with mental disabilities (Dong et al., 2021). The ADA only requires that employers make reasonable accommodations for employees with mental disabilities, but it does not mandate that employers hire individuals with mental disabilities. This means that people with mental impairments still face immense drawbacks in finding employment, even if they are qualified. The ADA needs to do more to protect disabled individuals from discrimination. For instance, the Americans with Disabilities Act (ADA) allows discrimination in housing or privately owned establishments like restaurants and shops. In addition, the Americans with Disabilities Act (ADA) needs to offer people with disabilities complete protection. For instance, employers might be able to argue that providing a reasonable accommodation would amount to undue hardship and is therefore exempt from the requirements of the Americans with Disabilities Act (ADA) (Elliot & Carnes, 2022). In addition, people with disabilities might not be able to obtain all the necessary accommodations to participate in society in the same capacity as others, which is unfair, this law needs major adjustments. The ADA needs to implement more laws to end discrimination against those with disabilities. Some have argued that the Americans with Disabilities Act (ADA) does not go far

12 enough to end discrimination against those with physical or mental impairments. Even while the ADA was passed to protect the rights of persons with disabilities, it does not require businesses to take any specific steps to ensure that their products and services are accessible to those with impairments. In addition, the Americans with Disabilities Act should include a provision for a private right of action. This means that people with disabilities could file a complaint with the court of law instead of only being able to file a complaint with the Department of Justice of the United States of America.

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13 References Stern, M. J., & Axinn, J. (2017). Social Welfare: A History of the American Response to Need (9th ed.). Pearson Education (US) Blanck, P. (2021). On the importance of the Americans with Disabilities Act at 30. Journal of Disability Policy Studies , 10442073211036900. https://journals.sagepub.com/doi/abs/10.1177/10442073211036900 Dong, S., Eto, O., & Spitz, C. (2021). Barriers and facilitators to requesting accommodation among individuals with psychiatric disabilities: A qualitative approach. Journal of Vocational Rehabilitation , (Preprint), 1-12. https://content.iospress.com/articles/journal- of-vocational-rehabilitation/jvr211157 Elliott, T., & Carnes, K. A. (2022). The Americans with Disabilities Act Amendments Act: What About Reasonable Accommodation? Where Are We Now? Touro Law Review , 38 (2). https://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi? article=3393&context=lawreview Iezzoni, L. I., Rao, S. R., Ressalam, J., Bolcic-Jankovic, D., Agaronnik, N. D., Donelan, K., ... & Campbell, E. G. (2021). Physicians’ Perceptions Of People With Disability And Their Health Care: The study reports the results of a survey of physicians' perceptions of people with disability. Health Affairs , 40 (2), 297-306. https://www.healthaffairs.org/doi/abs/10.1377/hlthaff.2020.01452 Robbins, C. R., Huskin, P. R., & Kwon, S. (2022). Millennial attitudes toward disability in three social contexts. The Social Science Journal , 1-18. https://www.tandfonline.com/doi/abs/10.1080/03623319.2022.2105592

14 Shapiro-Lacks, S. (2020). Rights and Obligations: Commemorating the 30th Anniversary of the Americans With Disabilities Act of 1990. Touro L. Rev. , 36 , 1101. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/touro36&section=59 Strauser, David R., Mykal J. Leslie, Phillip Rumrill, Brian McMahon, and Chelsea Greco. "The employment discrimination experiences of younger and older Americans with cancer under Title I of the Americans with Disabilities Act." Journal of Cancer Survivorship 14, no. 5 (2020): 614-623. https://link.springer.com/article/10.1007/s11764-020-00867-x Stromquist, Matthew O. "Developments in Website and App Accessibility Litigation and Compliance Under the Americans." The Business Lawyer 77 (2022). https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/busl77&section=33 Hill, H. (2021). A thematic analysis of library association policies on services to persons with disabilities. Journal of Documentation. https://www.emerald.com/insight/content/doi/10.1108/JD-10-2020-0183/full/ html&hl=en&sa=X&d=8334418213040262133&ei=Pe3pYP6hE_PJsQLyyaqIBA&scisig =AAGBfm3_g8hgXSKAT47O8NmGowQMIGa0aw&nossl=1&oi=scholaralrt&hist=qK ZvzmoAAAAJ:10796349581820224476:AAGBfm2COibv7a2vFI2dsRx3R9C1EtlffQ&h tml=&folt=kw Perrin, P. B. (2019). Diversity and social justice in disability: The heart and soul of rehabilitation psychology. Rehabilitation Psychology, 64(2), 105. https://psycnet.apa.org/doiLanding?doi=10.1037/rep0000278 Trewin, S. (2018). AI fairness for people with disabilities: Point of view. arXiv preprint arXiv:1811.10670. https://arxiv.org/abs/1811.10670

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