The Civil Rights Template and the Americans with Disabilities Act: A Socio-Legal Perspective on the Promise and Limits of Individual Rights

2015 ◽  
Author(s):  
Thomas F. Burke ◽  
Jeb Barnes
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.


1991 ◽  
Vol 22 (4) ◽  
pp. 19-23 ◽  
Author(s):  
Carol A. Fowler ◽  
John S. Wadsworth

Culturally shaped attitudes towards persons with disabilities pose significant barriers to full participation in employment. Even with the enactment of the Americans with Disabilities Act of 1990, implementation of the law will occur within the culturally defined stereotypes and assumptions which exist within society. A significant task for rehabilitation professionals will be the inclusion of positive perceptions of persons with disabilities into the conceptual ideology of individualism and equality.. This paper reviews the cultural difficulties of implementing civil rights legislation and addresses the role of rehabilitation professionals in promoting attitudinal changes in society.


1999 ◽  
Vol 30 (2) ◽  
pp. 19-24 ◽  
Author(s):  
Corey L. Moore ◽  
Sonja Feist-Price

The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) are evidence of the progress, in relation to civil rights, made in the disability public policy arena. Similarly, much progress has been made in changing negative attitudes that sometimes prevail in the organizational workforce. Although much progress has been made for persons with disabilities, there remains much work to be accomplished. An abundance of concerns have recently surfaced regarding whether the previously noted legislation effectively address the rights of persons with disabilities in the organizational workforce. In light of recent concerns, the authors advocate the minority group model as a catalyst for creating public policy that will effectively address the rights of persons with disabilities. Thus, the purpose of this paper is to support the hypothesis that the organizational workforce's perception of persons with disabilities as a minority group will change societal attitudes resulting in a more progressive public policy.


1990 ◽  
Vol 3 (2) ◽  
pp. 8-9
Author(s):  
Jennifer Nedelsky

Most Americans take for granted the notion that the powers of government are circumscribed by individual rights. But this commonplace notion is, in fact, very complicated conceptually and poses difficult problems institutionally. This course explored both the conceptual and the institutional problems, from their origins to their contemporary manifestations. We began with the formation of the Constitution: the writing of the document in the Constitutional Convention of 1787, its ratification, the addition of the Bill of Rights in 1789, and the establishment of judicial review. As a starting point, I offered my own perspective through excerpts from my forthcoming book, Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. My central argument is that the Framers' concern with protecting the rights of property distorted both their understanding of constitutionalism and the institutions they designed to implement that understanding. The Framers wanted to design a republican form of government based on the notion of consent by the governed, and thus some form of democratic (as we would call it today) representation. But the Federalists, whose views dominated the convention, also wanted to ensure that civil rights would be secure in the new republic. Property became the focus of their efforts to make the political rights implicit in republican government compatible with the security of civil rights. Unfortunately, their focus on the protection of unequal property, the property of the minority as threatened by the (future) propertyless majority, distorted their vision of the basic problem of protecting individual rights in a democracy. Their fears of the propertyless bred a focus on containing the political power of the people.


1989 ◽  
Vol 76 (1) ◽  
pp. 300
Author(s):  
Fred D. Ragan ◽  
John Braeman

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