The Influence of the ADA Laws

Laws have an important and powerful impact on society, for laws codify the values and determine the behavior patterns of the people within the culture. The need for a prohibitive law that forbids certain detrimental actions indicates that the given society was engaging in those actions prior to the establishment of the law. Throughout the 20th century, many disabled people received abusive treatment and discriminatory restrictions that prevented them from being able to participate in society and enjoy the same equal opportunities as all other individuals, which harmed the disabled people and diminished the progress of the country. As a result, in 1990 the American with Disabilities Act was established to redress these detrimental problems and to correct the harmful disability discrimination against people with handicaps. The ADA serves the important function of protecting disabled people from discrimination, maximizing their ability to utilize the resources of society, and ensuring that they possess equal opportunities to thrive with prestigious positions of employment.

The struggle for the ADA law to be passed began during the second half of the 20th century. After the civil rights movement achieved equal rights for minorities and the women’s rights movements ascertained equal rights for women, disabled people began to protest for equal rights as well. With the help of disabled people expressing grievances about discrimination, politicians vocalizing the issue, and powerful organizations advocating for the rights of handicapped people, in 1990 the United States government officially established and passed the Americans with Disabilities Act into legislation (A Guide to Disability Rights Laws, 2009). The ADA provides many restrictions that protect handicapped individuals from being victimized by abusive discrimination and provides many rights that increase the opportunities available to disabled people (Goren, 2006). Although people can experience many different types of handicaps, the ADA attempts to comprehensively address every disability. Thus, the ADA applies to the needs of people with a record of physical and mental conditions, and the law incorporates many provisions into the Act to most effectively address various situations that disabled people commonly encounter.

The education provisions of the ADA provide regulations to ensure that disabled individuals have sufficient access to educational resources. Because education provides knowledge to strengthen our thinking skills so we can overcome challenges and become great at a particular craft, the ADA ensures that handicapped people can receive high-quality educations to maximize their contribution to society. The ADA mandates that all public schools must provide all eligible children with disabilities with an education in an environment that is most appropriate for their particular handicaps. Public schools also must provide an Individualized Education Program (IEP) for each child with a learning disability by enabling a teacher to specialize in a program that is suitable for the needs of the child (Wright, 2008). Additionally, the infrastructure of public schools must be designed in a manner that accommodates physically disabled children who require wheelchairs.

Workplace issues regarding employment discrimination is one of the most important issues addressed by the Americans with Disabilities Act. The ability to obtain employment with positions that relate to various skills allows people to fulfill important jobs, work with crafts that they are most passionate about, and maximizes the impact people can assert on society. Thus, the ADA assures that handicapped individuals have equal opportunities to obtain employment and to fulfill jobs that they can successfully perform. To ensure these employment rights, the ADA prohibits any company or organization from discriminating against disabled people and from refusing to hire qualified individuals just because of their handicapped condition (Facts About the Americans with Disabilities Act, 2008). If the handicapped applicant possesses the advanced knowledge and superior skills required to competently perform the obligations of the job, the company must hire the individual and cannot refrain from hiring a qualified person on the basis of the disability.

Businesses must also provide reasonable accommodations for employees with disabilities. The accommodations required by the ADA are intended to ensure that the handicapped employee can adequately access the building, utilize the facility of the company, and perform the necessary operations of the job. For example, businesses must have accessible building entrances for people in wheelchairs and must allow for deaf people to have interpreters when necessary. The only exception is that employers do not need to provide the accommodation if doing so would require excessive amounts of effort or be dramatically expensive costs (Facts). However, if the accommodation can be supplied to assist the disabled employee without significant effort or expensive costs, the employer is required to provide or allow the given accommodation.

A provision regarding public accommodations and infrastructure is also established by the ADA. According to the law, all public buildings and commercial buildings must provide accommodations that allow people with disabilities to conveniently and effectively access their buildings, maneuver around the facility and utilize the various areas of the building. For instance, buildings must be equipped with wheelchair ramps, sensor doorways and accessible entrances. Additionally, buildings at least three stories tall must have an elevator or lift, and all owners must remove barriers that are obstructive to handicapped people and that would prevent them from successfully entering or maneuvering through the building. For all buildings constructed after the 1990 passing of the ADA, handicap accessibility plans must be incorporated into the building design, and the plans must adhere to the measurement specifications and safety standards established by the ADA (OCR, 2006). Owners of buildings that were built before the 1990 ADA law are required to develop and implement construction projects to fulfill the particular structural adjustments or building modifications that are necessary to meet the standards of the ADA and to facilitate easy accessibility for people with handicaps.

The ADA also establishes laws regarding public transportation accommodations. This is important because the handicaps that many disabled people experience prevent them from being able to drive and require them to instead rely on public transportation methods to get to work or socialize with friends and family. Thus, the ADA mandates that all public transportation vehicles must provide convenient access for people with disabilities, and this law maximizes the ability of handicapped people to participate in society, attend professional positions, and fulfill social endeavors. For instance, all buses manufactured after the 1990 ADA Act must be constructed in a manner that facilitates accessibility for individuals with disabilities, and transit organizations must also provide alternative para-transit transportation services for people whose disabilities restrict their ability to utilize fixed-route bus services. Additionally, bus stations must also be equipped with features that allow disabled people to access and utilize the stations, such as handicap accessible walkways and paths for entrances, drinking fountains, telephones and bathrooms (OCR, 2006). Although new bus stations must be designed in adherence to ADA regulations, bus stations that precede the law must also perform reasonable alterations that are conducive for disabled people and that would meet the ADA obligations.

Rail vehicles must also accommodate individuals with disabilities. Because there are many different types of railway vehicles, specific details have been incorporated into the ADA transportation regulations to ensure that each type of railway vehicle is accessible to handicapped people. For instance, all rail systems must have at least one accessible car, and the requirement applies to all existing trains, intercity stations, Amtrak stations, commuter rail, rapid rail and light rail systems (OCR, 2006). Aviation companies, airports, and airlines must also provide adequate accommodations that allow handicapped individuals to access and utilize aviation services. Additionally, the public transportation regulations of the ADA also require that private modes of transportation services must also be equipped to support people with disabilities, such as the vans of transportation companies or new buses for small companies.

The ADA also requires telecommunication services to accommodate people with disabilities. This crucial regulation enhances the equality of individuals with handicaps by enabling disabled people to enjoy and benefit from the same advanced technological communication devices as everybody else in society. For instance, many people who suffer from speech impediments or hearing deficiencies would be disadvantaged by an inability to utilize cell phone technologies to communicate with other people, conduct business and talk to family. Thus, the ADA asserts that telephone transmission companies and carriers that provide interstate communication services by wire or by radio must also provide accommodations that allow people with speech or hearing disabilities to effectively utilize the communication devices (Title IV of the ADA). This regulation requires telephone companies to provide “interstate and intrastate telecommunications relay services,” at all times, and the TRS devices must provide features that enable callers with hearing or speech disabilities to effectively communicate with other people using the phones. Additionally, the telecommunication regulations associated with the ADA also require television organizations to include closed captioning services for all publicly funded programs or federally funded public service announcements (Title IV of the ADA).

The ADA also establishes provisions to ensure that people with disabilities share equal opportunities regarding housing. The fair housing regulations of the ADA prohibit homeowners, landlords or realtor companies from refusing to sell or rent to a person exclusively because of the disability that the individual experiences. Landlords of housing facilities are also required to provide adjustments to accommodate the needs of disabled individuals. For instance, landlords must allow tenants with vision disabilities to possess a guide dog in the unit, regardless of a particular pet policy of the given building. Landlords must also allow people with disabilities to develop and implement modifications to their private unit if the modification would enhance the accessibility of the unit (A Guide to Disability Rights Laws, 2009). Additionally, owners and landlords of multifamily housing complexes that contain at least four units must design the complex in a manner that is conducive for handicap accessibility, including accessible building entrances, unit doors that are sufficiently wide enough to support wheelchairs, and spacious kitchen and bathroom areas that allow people in wheelchairs to maneuver conveniently.

To ensure that the many regulations are properly enforced, the ADA includes procedures to address situations in which a person or organization has violated the law and has discriminated against a disabled individual. The specific action to take when a violation has occurred varies depending on the nature of the discrimination and the organization responsible for the transgression. A disabled person who has been discriminated against according to the ADA can file a personal lawsuit to correct the discriminatory behavior. However, the disabled individual or group can also submit official complaints to various governmental agencies that possess the appropriate resources required to redress ADA violations, establish financial penalties against the offenders and stop the discrimination. Violations related to employment can be reported to the Equal Employment Opportunity Commission, transgressions in the transit industry can be reported to the Department of Transportation, and public building violations can be reported to the Department of Justice (Disability Resources). Furthermore, transgressions that involve telecommunication services can be addressed by the Federal Communications Commission.

Every member of society has the powerful ability to perform a craft with excellence, help alleviate problems for other people, and contribute to the improvement of the country. Thus, the Americans with Disabilities Act serves the essential function of ensuring that people with disabilities can enjoy the same equal opportunities as every other member of society. The ADA provides laws that have changed the behavior pattern of the country and have maximized the ability of handicapped people to participate in the operations of society, for the law enables each disabled individual to access buildings, utilize public transportation methods, receive an exceptional education, and fulfill various positions of prestigious and meaningful employment.

References

A Guide to Disability Rights Laws. (2009). US Department of Justice. <http://www.ada.gov/cguide.htm#anchor63109>.

Disability Resources. (n.d.). U.S. Department of Labor. <http://www.dol.gov/dol/topic/disability/ada.htm>.

Facts About the Americans with Disabilities Act. (2008). US Equal Employment Opportunity Commission. <http://www.eeoc.gov/facts/fs-ada.html>.

Goren, W. D. (2006). Understanding the Americans with Disabilities Act. 2nd ed. Chicago, IL: ABA, General Practice, Solo and Small Firm Section.

OCR- Americans with Disabilities Act (A Guide to Disability Rights Laws, 2009). (2006). US Department of Education. <http://www2.ed.gov/about/offices/list/ocr/docs/hq9805.html>.

Title IV of the ADA. (n.d.). Federal Communications Commission. <http://www.fcc.gov/encyclopedia/title-iv-ada>.

Wright, P. (2008). Section 504, the Americans with Disabilities Act, and Education Reform, prepared by the PEER Project - Wrightslaw. WrightsLaw. <http://www.wrightslaw.com/info/section504.ada.peer.htm>.