Americans_with_Disabi

The Americans with Disabilities Act Ebony Moore Troy UniversityAbstract The United States of America’s was built upon the concept that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. As this Declaration of Independence was signed and noted in 1776, there would be many more years before all American’s would be treated equally. The struggle ranging from women’s rights, African American’s civil rights to the American Disabilities Act would significantly change and shape American history. The government often asserts that their endeavors are to remedy the inequalities upon all individuals. Particularly, programs such as the Americans with Disabilities Act (ADA), is a noble attempt to eliminate discrimination against individuals with disabilities concerning employment, accommodations and programs that receive federal funds. In this paper I will list and identify the five titles under the Americans with Disabilities Act. On the journey to liberty and equality for all men, another barrier was yet broken on July 26, 1990. The Americans with Disabilities Act was signed into law by the senior President Bush. This law was designed to make the American society more accessible to the more than 50 million Americans with disabilities. Many aspects of life would be conformed to accommodate. This means that access to restaurants, shopping malls; town halls stadiums ballparks and etc. were to be improved for individuals with disabilities. Bus lifts were to be more reliable and Para transit services more widespread. One may notice elevators are wider, public restrooms are equipped with wider doors and grab bars, wheelchair ramps lead into offices, town halls, and buildings. The ADA dictates that people with disabilities gain access to government services and public places. The ADA also made it mandatory that very workplace with 15 or more employees would have to make its facilities accessible to workers, provide them equipment and reserved parking. However, most importantly, the ADA requires businesses to hire qualified people, regardless of disability. As noted, many efforts have been made to accommodate, educate, rehabilitate, and employ individuals with disabilities. Nonetheless, breaking down these barriers, with the Americans with Disabilities Act, allows the American society to benefit from the skills and talents of individuals with disabilities. To have a clear understanding of who exactly is included under this law, the ADA defines the term “disability” into three parts. The ADA states that an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Physical impairment is described in depth by the ADA as "Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, lymphatic, skin, and endocrine.” All physical impairments are not listed given that there are so many possible diseases and impairments to be considered. The definition also mentions mental impairment which is also described in depth as "any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities." The Americans with Disabilities Act is divided into five titles. Employment being the first, states that businesses must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment. Possible changes may include restructuring jobs, altering the layout of workstations, or modifying equipment, Employment aspects may include the application process, hiring, wages, benefits, and all other parts of employment. Medical exams are also highly regulated. For example an employer is not allowed to ask questions that are likely to cause the applicant to reveal a disability. The employer cannot require medical tests and can only ask whether an applicant can perform essential job-related functions, with or without reasonable accommodation. Title two, public services, which includes state and local government, cannot deny services to people with disabilities participation in programs or activities which are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities. In title three, public accommodations are addressed. No person with a disability should be excluded, segregated, denied services, or in so many words treated differently than others without disabilities because there aren’t any available auxiliary aids. Public accommodations include facilities such as restaurants, hotels, college’s grocery stores, health spas, pharmacies, retail stores, zoos and a host of other facilities. Title four which is telecommunications addresses and accommodates telephone and television access for people with speech and hearing disabilities. The ADA states that “telecommunication companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the deaf or similar devices. In order to provide equal and effective communication, aid auxiliary is used. Examples of aid auxiliary for the deaf could be note takers, interpreters, telephone headset amplifiers and a list of their materials. Other forms of auxiliary aids for people with vision impairments could be assistance with locating materials, brailed materials, and audio recordings. The auxiliary aid requirement is amenable. For example, a Braille menu is not required for Title IV also addresses television access for people with hearing and disabilities. It requires closed captioning of federally funded public service announcements. Finally, title five, miscellaneous, prohibits any intimidation upon the disabled. Meaning it is unlawful to coerce them to accept any services and or accommodations. Any forcing, threatening or retaliating against the disabled is unlawful. Also no person can intimidate caretakers or those in effort to aid disabled individuals. Conclusion To this very day, many Americans may have not been aware of the injustices and struggles of the disabled community. The fight for justice and equality did not end with the civil rights movement. Civil rights that was given to individuals on the basis of race, color, sex, national origin, age, and religion was yet to be given to the disabled before the ADA was made law. As previously mentioned, the act has five titles guaranteeing equal opportunity for individuals with disabilities in employment, public services, public accommodation, telecommunications and other miscellaneous protections. As the driving force for equal rights of the disabled, the ADA productively and indefinitely shapes the American society. The ADA has permitted millions Americans to get back into the workforce allowing people to be self-sufficient. We now live in a society where it is not an inconvenience to simply ride the bus, use a public restroom or be served at a restaurant. This law is an enormous accomplishment and although it may not be impeccable, the protection given under this law has at least begun to improve everyday lives of Americans. As the famous writer Marian Wright Edelman once said, “If you don’t like the way the world is, you change it. You have an obligation to change it. You just do it one step at a time.” References Bowman, L. (2011). Americans with disabilities act as amended: Principles and practice. New Directions For Adult & Continuing Education, (132), 85-95. doi:10.1002/ace.434 Concannon, J. (2012). MIND MATTERS: MENTAL DISABILITY AND THE HISTORY AND FUTURE OF THE AMERICANS WITH DISABILITIES ACT. Law & Psychology Review, (36 ), 89-114. Goren, W. D. (2006). Understanding the Americans with Disabilities Act. (Vol. 2, Ed.). Chicago, American Bar Association. Grubbs, J., Brice, B. R., & Jennings, S. (2012). AMERICANS WITH DISABILITIES ACT AND E-COMMERCE: TARGET CORPORATION AND BEYOND. Southern Law Journal, 22(1), 89-114. The Americans with Disabilities Act