An Overview of and Comments on the Americans with Disabilities Act (ADA)

Abstract

The authors overview the key components of the ADA in this article. A discussion is offered on why and how persons with disabilities are discriminated against. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented suggesting this federal agency is attempting to protect persons with disabilities against discrimination. Finally, the authors deal with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected.     

An overview of and comments on the Americans With Disabilities Act (ADA)

The authors overview the key components of the ADA in this article. A discussion is offered on why and how persons with disabilities are discriminated against. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented suggesting this federal agency is attempting to protect persons with disabilities against discrimination. Finally, the authors deal with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected.     

An Overview and Comments on Recent Americans With Disabilities Act Court Rulings

Abstract

The American with Disabilities Act (ADA) is designed to protect persons with disabilities from discrimination in nearly every aspect of American life. This commentary focuses on a number of recent United States Supreme Court decisions that help to clarify the intent of the ADA. It is critical for social workers to be aware of these recent court rulings because they affect social work practice and have important policy implications.     

United States Supreme Court Decisions Summary

Abstract

This summary of United States Supreme Court decisions offers social workers and other human services professionals information on the impact that these decisions have on the Americans with Disabilities Act (ADA). Each court decision is noted followed by the question presented, the holding, and the implication of the decision. The reader will observe that a number of these decisions have restricted the impact of the ADA.     

Knowledge,Tasks and Strategies for Teaching About Persons with Disabilities

Abstract

Persons with disabilities are a distinct and insular minority group within the United States. Given the fact that social workers offer critical social services to this group, it is important for social work programs to offer meaningful curriculum content on persons with disabilities. This article presents key issues that social work educators should find useful for teaching about persons with disabilities. Specifically, a discussion is offered on the disability civil rights movement, the culture of disability, models for defining disability, knowledge areas on disability issues, teaching tasks and strategies for focusing on persons with disabilities.     

The National Protection and Advocacy System

Abstract

Many in the profession of social work are unfamiliar with the national system of protection and advocacy services that were set in place by Congress. The system provides advocacy and legal representation to protect the civil rights of all persons with disabilities, with a particular emphasis on persons with developmental disabilities and persons with mental illness. The article describes this system of resources, its method of operation, and shows its compatibility with the purpose and mission of social work.     

Direct Threat Issues in the Employment of Persons with Disabilities

Abstract

In the decade since initial implementation of the Americans with Disabilities Act in the United States, many questions have arisen pertaining to the rights of employers and employees in light of the employment of and services that must be provided to persons with disabilities. One of the most controversial aspects of the legislation is the issue of direct threat. This relates to the concern that workers or clients with disabilities may be a threat to others due to their condition. Integral to this fear is the employer's ability to protect persons within the work environment from such a threat, while remaining in compliance with the ADA. This paper considers the issue of direct threat and its pertinence to the social work profession, and provides recommendations for employers and supervisors in the field.     

A Youth Perspective on Life with a Disability

Abstract

A momentous piece of legislation, the Americans With Disabilities Act (ADA) of 1990 provided for the elimination of discrimination against individuals with disabilities and more significantly is aimed toward improving their employment opportunities. There is, however, evidence that the ADA implementation has not moved fast enough in increasing employment opportunities for persons with disabilities. This article reviews the literature on disability and employment barriers, federal statutes, societal attitudes and biases, and human relations misconceptions associated with disabilities. It discusses social work roles, advocacy for social justice, implications for rehabilitation counselors, and issues related to disabilities and employment.     

A Commentary on the Admission and Retention of Students with Disabilities in Social Work Programs

Abstract

Section 504 of the Rehabilitation Act of 1973 is the federal law upon which the Americans With Disabilities Act (ADA) is built. Both laws are designed to prevent discrimination against students with disabilities. This commentary offers a comparison of section 504 with the ADA. An analysis of the case law under Section 504 is also presented; this analysis provides guidelines that universities and colleges will have to follow under the ADA. The implications of the ADA are offered for social work programs in the areas of admission and retention of students with disabilities.     

Three Recent United States Supreme Court Decisions for Professionals Who Testify in Child Sexual Abuse Cases

This article provides a basic review of the most recent United States Supreme Court decisions that directly relate to child sexual abuse. These cases are Maryland v. Craig, Idaho v. Wright, and White v. Illinois. More specifically, the article illustrates how the legal principles of these cases practically affect professionals who treat and counsel sexual abuse victims when and if they are called to testify in court proceedings. After a brief introduction, a background section succinctly explains the basic legal principles of confrontation and hearsay which underpin the recent Supreme Court decisions. The rest of the article then analyzes each of the three recent cases and focuses on citing examples of testimony that was or was not admissible. This article is not intended to be an exhaustive legal analysis nor a commentary on the appropriateness of the case holdings, but rather a practical review with specific examples of what the United States Supreme Court has held to be acceptable as of this writing.     

Whose rights are they anyway?: The supreme court and the rights of Juveniles

This article examines selected United States Supreme Court decisions from 1923 through the 1984 term of the Court. The selection, which includes Wisconsin v. Yoder, In re Gault, In re Winship, and Schall v. Martin, traces and illustrates the triangle of interest among parent, child, and state as parens patriae, when the issue raised is the interest of children. The focal question is: Have children been recognized as having their own individual Constitutional rights, or have their rights been merged with those of their parents and/or the state standing in the place of the parents?     

Citizens with learning disabilities and the right to vote

This paper asks, in the context of recent legislative changes, what can be done to support more citizens in England and Wales with learning disabilities to vote in national elections? This issue is addressed through (i) a review of recent disability access campaigns that have reported discrimination against, and the under‐representation of, adults with disabilities in UK elections; (ii) a review of recent research undertaken in the USA into the assessment of competence to vote and research undertaken in England that conclusively documents the under‐representation of voters with learning disabilities in the 2005 general election. It is proposed that a ‘functional approach’ to developing an individual's capacity to vote could help to fulfil Article 29 of the United Nations' Convention on the rights of persons with disabilities that gives all people the same political rights.     

'We Won't Go Back': the ADA on the grass roots level

The Americans with Disabilities Act (ADA) is a civil rights statute protecting people from discrimination based on a disability in both the private and the public sectors. Using interviews with grass roots persons with disabilities across the USA-many of whom are experienced activists-and using other sources this article describes the reaction of the disability community in the United States to the passage of the ADA and its impact. Largely people with disabilities feel empowered by the ADA. However, a strong amount of cynicism is also found at the grass roots level regarding it. A revealing example of the empowerment felt by people with disabilities is the conflict in New York City over a proposal for non-accessible public toilets. Other reactions and developments are discussed including the possibility of the repeal or weakening of the ADA. A fundamental change occurred in the US with the passage of the ADA and the disability community will not allow that change to be undone.     

The Rights of Graduate Psychology Students with Disabilities

Abstract

Students with disabilities in graduate school have requirements additional to those of non-disabled students, and face barriers to retention and graduation. This paper addresses the issues facing students with disabilities in clinical graduate programs, and outlines a dozen specific rights for students with disabilities. The legal and social contexts for considering these rights are examined. Three legal tenets (separate is not equal; equality versus equity; assumption of innocence until proven guilty) are discussed as they apply to disability. Twelve suggestions for making the application process more accessible to persons with disabilities are offered.     

The Co-Evolution of Marriage and Parental Rights of Gays and Lesbians

ABSTRACT

Historically, federal and state legislation placed different conditions on same- and opposite-sex couples' ability to marry, adopt, or exercise their parental rights. Given the historical intertwining of marriage and parenting, legal issues remain hinged on differing conceptions of marriage and what constitutes a legal family in the United States, especially for same-sex partners compared to their different-sexed couple counterparts. This article provides a historical review of decisions that serve as the foundation for queer parenting rights in the United States. A key focus is on the impact of the U.S. Supreme Court Obergefell v. Hodges (2015) marriage decision on queer parenting and its relevance to researchers and practitioners whose work involves queer families. State discrepancies continue to exist for the treatment of parental rights in spite of the legalization of same-sex marriage. Finally, suggestions are provided for future directions for the field.     

The Americans with Disabilities Act: A Tool to Combat Poverty

Abstract

Statistics consistently demonstrate that people with disabilities are the poorest, least educated, and largest minority population in America. This article examines the employment provisions of Title I of the recently enacted Americans with Disabilities Act (ADA) and its use in combating poverty for individuals with disabilities. The ADA in its entirety, and Title I in particular, is useful both as an advocacy and pedagogical tool to understand and alleviate poverty, oppression, and discrimination. Suggestions for infusing this content into the professional foundation curriculum are included.     

Embracing the new disability rights paradigm: the importance of the Convention on the Rights of Persons with Disabilities

In 2008 the United Nations Convention on the Rights of Persons with Disabilities (CRPD) commenced operation. The CRPD has created a dynamic new disability rights paradigm that empowers disability people’s organizations and creates a new paradigm for disability scholars. This paper analyses the impact of the CRPD and provides practical guidance as to how this convention can be used to drive change. Prior to this convention, persons with disabilities were protected by a range of general human rights conventions. Despite receiving nominal protection under general human rights conventions, persons with disabilities have had many of their human rights denied to them. The CRPD goes further than merely re-stating rights. It creates a new rights discourse, empowers civil society and renders human rights more obtainable for person with disabilities than any time in history.     

Ensuring That Course Websites Are ADA Compliant

SUMMARY

This paper explores how social work course websites can meet recommendations for ADA compliance. It addresses the current and expected rules for compliance, the types of disabilities that require accommodations and the accommodations that each requires. It discusses the software and hardware features and options available to students with disabilities. It also discusses software available to web authors to create accessible websites and identify noncompliant features. Following these guidelines will enable students with disabilities to fully benefit from online courses-and will offer benefits to users who do not have disabilities, as well.     

Social Work Admissions and Academic Accommodations for Students with Disabilities

ABSTRACT

The Americans With Disabilities Act of 1990 (ADA) protects students wth disabilities from discrimination by academic and professional programs in higher education. A student with a disability cannot be denied admission to an educational program because of his or her disability if the student is otherwise qualified. This means that a student with a disability who is qualified for an academic or professional educational program cannot be denied admission to a program based solely on the student&s disability. This educational requirement mandated by the ADA applies to all educational fields including social work education. The purpose of this study was to explore how social work programs are dealing with these requirements in their admission and academic accommodation procedures. Twelve social work programs located in the mid-western United States participated in the study. Representatives of each of these programs were given an in-depth interview focusing on their admissions process, academic accommodations, and general topics related to social work education and disabilities. All programs taking part in the research were accredited by the Council on Social Work Education (CSWE). The CSWE is the national accreditation body for social work education within the United States.