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.     

A Commentary on What Social Workers Need to Know About the Individuals with Disability Education Act (IDEA) and the Americans with Disabilities Act (ADA)

Abstract

The Individuals With Disabilities Education Act (IDEA) and the Americans With Disabilities Act (ADA) offer important legal protections for school age children. This commentary outlines those protections for special needs children in both public and private schools. Social workers need to be aware of the rights children with disabilities have under each law. This information is particularly helpful for those practitioners who wish to advocate for the educational needs of children with disabilities.     

An Analysis of the Americans With Disabilities Act (ADA) in the Twenty-First Century

Abstract

In this paper, the author overviews the key components of the ADA. A discussion is offered on why and how persons with disabilities are discriminated against. The standard stereotypes often heard about persons with disabilities are offered. 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. The final part of the paper deals 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 in the 21st century.     

The Americans with Disabilities Act:

In response to finding of pervasive historical discrimination, Congress enacted the Americans with Disabilities Act (ADA), a far-reaching statue which prohibits discrimination in employment, transportation, and telecommunications, by both public and private entities. This article presents the essential principles of the ADA that govern equal employment opportunity and non-discriminatory access to and receipt of services and programs of private and public entities, particularly as they may affect elders and agencies serving elders.     

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.     

The Americans with Disabilities Act: an examination of compliance by state, territorial and local governments in the USA

Title II of the Americans with Disabilities Act (ADA) prohibits public entities in the US from discriminating against people on the basis of a disability. The term 'public entity' includes all state, territorial, and local governments and their instrumentalities. A survey was conducted to determine the extent of compliance by public entities in the US. Based on the survey the conclusion is that the ADA is being implemented on the state, territorial, and local levels in the US to a satisfactory extent.     

The Americans with Disabilities Act: Costly Mandates or Civil Rights?

Some persons in the US view the Americans with Disabilities Act (ADA) as a civil rights act. Others view it as an intrusive and costly mandate imposed upon the state and local governments by the federal government. In an attempt to resolve the issue, the question of costs versus civil rights in the ADA is reviewed. The argument that the ADA is intrusive and costly is analyzed showing that it fails in terms of logic and fiscal impact. A conclusion about costs and civil rights is offered.     

Social work Education and Students with Disabilities: Implications of Section 504 and the ADA

Abstract

This article addresses major educational issues related to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Because students with disabilities are entering higher education in ever larger numbers, and with greater expectations for accommodation than those of a generation ago, social work educators and administrators should be aware of the implications of these two statutes and relevant case law for admissions, classroom accommodations, and field placements.     

The Americans with Disabilities Act in Federal Court: litigating against public entities

This study represents the first systematic inquiry into the outcome of litigation against state and local public entities under Title II of the Americans with Disabilities Act (ADA) of 1990. Because Congress instituted a system of judicial review that established the courts as the final authority of rights and responsibilities under the Act, Title II litigation has a potentially significant impact on the disability policymaking of state and local governments in the United States. The analysis is based on all reported federal court rulings through June 2000 in which the court adjudicated a Title II claim against a public entity. The results show that plaintiffs are moderately successful in their suits against public entities, especially when compared to their record in litigating against private employers. However, the courts, particularly at the appellate level, still exercise restraint about interfering in the disability policies of subnational governments when implementing the ADA.     

Workplace discrimination and diabetes: the EEOC Americans with Disabilities Act research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with diabetes is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with diabetes and persons with other physical, sensory, and neurological impairments. Specifically, the researchers examine demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom complaints are filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the legal outcome or resolution of these complaints. Findings indicate that persons with diabetes were more likely to encounter discrimination involving discharge, constructive discharge, discipline and suspension - all job retention issues. Persons with diabetes were less likely to encounter discrimination involving hiring, reasonable accommodation, non-pension benefits, and layoff. They were also more likely to encounter discrimination when they were older or from specific ethnic backgrounds, or when they worked for small employers or in the Southern United States. Implications for policy and advocacy are addressed.     

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.     

Non‐compliance with India's Factories Act: Magnitude and patterns

While non‐compliance with legislation and regulations is said to be rife in developing countries, there is limited systematic evidence of the magnitude of non‐compliance. The authors quantify non‐compliance with India's Factories Act in 2010 and find that the number of non‐compliant firms is nearly twice that of compliant firms, and much larger than the number of firms “adjusting out” of the legislation. Thus, non‐compliance with the Factories Act is a key feature of India's “missing middle”. The main trends and patterns of non‐compliance are explored, and a number of key issues highlighted for further analytical and policy research.     

The Sexual Maltreatment of Students with Disabilities in American School Settings

This study presents results from the first nationwide survey of students with disabilities who were sexually maltreated in American schools. The Web survey results, which were mostly provided by caregivers, parents/guardians, and professional advocates, illuminate the types of sexual maltreatment committed, the characteristics of the victims and the abusers, where in the school setting the maltreatment occurred, the manner in which the maltreatment was reported, and the school’s response to the maltreatment. More than two-thirds of the maltreated students experienced at least one form of contact sexual maltreatment, and fully 35% of all incidences of maltreatment occurred more than 10 times. The majority of the incidences of maltreatment were committed by school personnel.     

After fifteen years: the response of small businesses to the Americans with Disabilities Act

This study reports findings from field research on the perceptions of small business owners and managers of the impact of the Americans with Disabilities Act (ADA) on their firms. Binary Logistic Regression analyses indicate that the majority of owners have positive attitudes toward the act and exhibit high levels of compliance. Firm support for the ADA and participation in carrying out its requirements is driven by both positive and negative factors and extends well beyond the group of businesses that under the law are required to comply with Titles I and III of the legislation. The results suggest strongly positive impacts of the ADA in the areas of accommodating customers with disabilities and disabled employees who are already on the job. Specific factors influencing compliance decisions and accommodations spending are incorporated in a proposed model of firm behavior.     

Design professionals and the built environment: encountering boundaries 20 years after the Americans with Disabilities Act

This article posits that although it has been 20 years since the passage of the Americans with Disabilities Act (ADA), a continuing tension remains between truly understanding and protecting the rights of people with disabilities and eliminating discrimination via the design of the built environment. Focus group and interview findings document the expressed and contradictory attitudes of practicing interior designers. This article demonstrates that although interior designers apply ADA design and construction guidelines as required by US laws and generally concede its universal benefits, the majority have not adopted the underlying spirit of the landmark civil rights law. Since interior designers ignore the essence of the ADA, the large scale use of non-discriminatory practices in the design of the built environment has progressed little during these two decades.     

Procedural (in)justice,emotions, and compliance

The procedural justice model has become widely recognized as a key crime prevention and reduction strategy, spurring its adoption across police agencies throughout the United States in an effort to address mounting concerns regarding police use of force. Recent critiques, however, have called attention to the need for greater examination of potential contributing factors that are underdeveloped in investigations of the procedural justice model, including the role of emotions. This article takes stock of interdisciplinary advancements to critically examine scholarly investigations exploring associations between procedural (in)justice, emotions, and compliance behaviors within the context of police-citizen interactions. In doing so, continued gaps are identified. Lastly, this article concludes by identifying future pathways and recommendations for the scholarly advancement of our understanding of emotions and their continued relevance to the procedural justice model.     

Using the Americans with Disabilities Act to the advantage of persons with severe and persistent mental illness: what rehabilitation counselors need to know

This article explains central constructs and definitions underlying the Americans with Disabilities Act (ADA) and discusses their implications for persons with severe and persistent mental illness, as well as for rehabilitation counselors working with this population. Focus is placed upon Title I of the ADA, which prohibits discrimination in employment. The article provides a brief review of legislative history relevant to the integration of people with mental illness into public life. It proceeds with a discussion of definitions under Title I of the ADA. Considerations in applying the ADA to assist persons with severe and persistent mental illness in employment are addressed throughout and are discussed in detail in the final section of the article.