Enforcing Title I of the Americans With Disabilities Act: Horton Hears A Who

2005 ◽  
Vol 36 (1) ◽  
pp. 12-19 ◽  
Author(s):  
Sandra LeBlanc

The Americans With Disabilities Act (ADA) became law in 1990. Disability advocates were certain that the ADA would make a positive difference in the lives of those with disabilities and in some cases it has. Inasmuch as work is highly valued in American Society, Title I of the ADA becomes a significant indicator of acceptance or non-acceptance of the rights of people with disabilities and the continuing stigma they experience as they attempt to find and hold jobs. Title I and its enforcement is particularly relevant to the work conducted by Rehabilitation Counselors. As people with disabilities and their advocates attempted to enforce Title I of the ADA, an unexpected pattern developed. This paper outlines the processes and pitfalls of ADA enforcement, including court interpretations and decisions; the media's negative portrayal of the ADA; and suggestions for rehabilitation counselors to consider in their role as advocates for people with disabilities.

2001 ◽  
Vol 32 (1) ◽  
pp. 45-50 ◽  
Author(s):  
Rebecca Spirito Dalgin

This article describes the intricacies of Title I of the ADA for people with psychiatric disabilities. Due to the complexities of the law it is important that rehabilitation counselors understand the specific dilemmas Title I presents for this population. Concerns about the ADA's definition of disability, qualification for the job, requesting accommodations, and disclosure will be discussed. Additionally, recent case law is provided on the impact of Title I for people with psychiatric disabilities. Rehabilitation counselors will gain critical and current information about ADA issues for people with psychiatric disabilities.


2005 ◽  
Vol 99 (8) ◽  
pp. 453-463 ◽  
Author(s):  
Darlene D. Unger ◽  
Phillip D. Rumrill ◽  
Mary L. Hennessey

A comparison of Americans with Disabilities Act (ADA) Title I case resolutions by the Equal Employment Opportunity Commission (EEOC) involving people who are visually impaired with those involving all other people with disabilities between 1993 and 2002 revealed that people who are visually impaired are more likely than are other complainants to receive settlement benefits from their employers, to withdraw their complaints after they receive benefits without intercession from the EEOC, and to receive administrative closures. In addition, they are less likely than other complainants to have charges resolved by the issuance of a right-to-sue letter from the EEOC and to receive other closures.


2021 ◽  
pp. 104420732110231
Author(s):  
Carli Friedman ◽  
Laura VanPuymbrouck

The Americans with Disabilities Act (ADA) opened the doors to access and enhanced the civil rights of people with disabilities. However, a lack of accessibility to all segments of society continues throughout the United States and is frequently described by people with disabilities as a leading cause for limited participation. Beliefs and attitudes regarding disability can affect critical decisions regarding inclusion and people with disabilities’ civil rights. Therefore, the purpose of this study was to explore support and opposition to the ADA among nondisabled people. We had the following research questions: (a) What is the relationship between disability prejudice and support for the ADA? and (b) When controlling for disability prejudice, what other factors lead people to support the ADA? To do so, we examined secondary data from approximately 13,000 participants from all 50 states and the District of Columbia. Findings from this study revealed that people who oppose the ADA are significantly more prejudiced toward people with disabilities than people who support the ADA. Understanding and becoming aware of attitudes and prejudice toward persons with disabilities can be a first step toward dispelling such beliefs and possibly a priori step to achieving the intent and spirit of the ADA.


PEDIATRICS ◽  
1996 ◽  
Vol 98 (1) ◽  
pp. 146-148
Author(s):  

In this statement, the American Academy of Pediatrics reaffirms the importance of the Americans With Disabilities Act (ADA), which guarantees people with disabilities certain rights to enable them to participate more fully in their communities. Pediatricians need to know about the ADA provisions to be able to educate and counsel their patients and patients' families appropriately. The ADA mandates changes to our environment, including reasonable accommodation to the needs of individuals with disabilities, which has application to schools, hospitals, physician offices, community businesses, and recreational programs. Pediatricians should be a resource to their community by providing information about the ADA and the special needs of their patients, assisting with devising reasonable accommodation, and counseling adolescents about their expanded opportunities under the ADA.


2021 ◽  
pp. 104420732110369
Author(s):  
Peter Blanck

This article offers a glimpse of the Americans with Disabilities Act (“ADA”) of 1990, as amended by the ADA Amendments Act of 2008 (“ADAAA”), at its 30th anniversary. It considers current issues before the courts, primarily legal cases from 2020 and 2021, and new questions in light of the COVID-19 pandemic, such the latitude of the ADA’s antidiscrimination protections and its definition of disability. It provides a quick primer on the basics of the ADA: employment discrimination under Title I, antidiscrimination mandates for state and local governments under Title II, and commands to places of accommodation offering services to the public under Title III. The ADA at 30 remains a beacon for a future in which all people, regardless of individual difference, will be welcomed as full and equal members of society.


2019 ◽  
pp. 0739456X1984456
Author(s):  
Lynn McCormick ◽  
Alex Schwartz ◽  
Chiara Passerini

Although some scholars have discussed the serious shortage of appropriate housing for people with disabilities, planners and housing policy makers have been largely silent on this issue. We summarize the literature, to date, about the housing needs of people with disabilities in the United States. We investigate what progress states have made in addressing these needs since the Americans with Disabilities Act (1990) by examining recent court-ordered state Olmstead plans and their U.S. Department of Housing and Urban Development (HUD) Consolidated plans. We find that states are mostly aware of the size and housing needs of people with disabilities but have not yet developed sufficient programming.


2017 ◽  
Vol 48 (2) ◽  
pp. 5-14
Author(s):  
Benson Kinyanjui ◽  
Veronica I. Umeasiegbu ◽  
Malachy L. Bishop

The global instability caused by natural and human-made disasters has resulted in increased numbers of refugees who seek shelter in other countries. The United States admits refugees and provides services that enable these refugees to resettle in a new environment. Among these refugees are individuals with various disabilities who require specialized rehabilitation services. This paper reviews the challenges faced by refugees with disabilities before, during and after their resettlement in the US and explores how counselors can better serve this population in order to facilitate more effective and timely integration into American society. Implications for research and practice are discussed.


2009 ◽  
Vol 40 (1) ◽  
pp. 44-49 ◽  
Author(s):  
Irmo Marini ◽  
Madhuri V. Bhakta ◽  
Noreen Graf

A content analysis was conducted of letters to the editor of two physical disability-related magazines: New Mobility and Paraplegia News. Over 160 letters to the editor published from February 2001 through March 2007 were reviewed. Results indicated that despite the over 18 year old Americans with Disabilities Act, the most frequently categorized issue addressed in the letters pertained to accessibility. Adaptive aid equipment was the second most frequently cited issue, with contributors inquiring or providing information regarding low- and high-end cost adaptive aids/assistive technology. The third most frequent concern was health issues, with letter writers inquiring or providing information about treating secondary conditions for persons with physical disabilities. The implications for these and other related concerns for persons with physical disabilities are explored. Recommendations to rehabilitation counselors for engaging in advocacy efforts are provided.


1997 ◽  
Vol 28 (2) ◽  
pp. 21-25 ◽  
Author(s):  
Regina Pernice

Employment attitudes and mental health of long-term unemployed people with disabilities were investigated in a cross sectional study. During an interview, people selected themselves into four employment attitude groups, those who wanted employment (28%), those who were not able to work (35%), those who had alternatives to employment (30%) and those who were interested in training (7%). Mental health was assessed by the General Health Questionnaire (GHQ-12) and the Rosenberg Self-Esteem Scale (RSE). The results indicated that mental health was low with high distress and low self-esteem scores evident in the four groups. Implications for rehabilitation counselors are discussed.


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