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Students for Disability Awareness |
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Americans with Disabilities ActBy: Danielle Dickson and Mikaela Gronseth Published on August 17, 2008 Viking Union Box 222 info@wwusda.org Part 1: The American’s with Disabilities Act, ADA, became official and law abiding in 1990. The National Council on Disability (NCD) made their first draft proposal of the ADA in 1988. Two years later, the ADA was put into affect, and is still used in today’s society as a standard for protecting those with disabilities. The ADA mainly protects people with disabilities. However, the ADA is not solely limited to protecting and advocating for this group of people. A person protected under the ADA would be a person in which one or more of the following ideas apply to: 1) he or she has a physical or mental impairment that substantially limits one or more of his/her major life activities, 2) he or she has a record of such an impairment, or 3) he or she is regarded as having such an impairment (Job). The ADA also protects to some extent the parents of these individuals as well as their caretakers. The American’s with Disabilities Act is separated into five main parts. These parts are called titles. The five main Titles that make up the ADA are: 1) Employment 2) Public Services 3) Public Accommodations 4) Telecommunications and 5) Miscellaneous (Job). With these five different titles in place it insures that for the most part the needs of the disabled population are met by their communities. The first title making up the ADA is Employment. This title is in place to insure that the disabled population is treated fairly in a work setting. The employment title states that employers must not discriminate against the disabled population. When selecting an employee, employers must not choose an abled person simply out of convenience if there is a disabled person equally as qualified. It ensures that when it comes to the work place that the disabled population is not discriminated against simply because of their disability. However this title is only required for employers who employ over fifteen people. The second title making up the ADA is Public Services. This title ensures that public transportation is made just as easy for the disabled person as it is for the abled person. This includes, but may not be limited to, city bus systems and train systems. This title is in place to make travel, short term or long term, easier for the disabled population. So that they would not be inconvenienced when they have to use public transportation, but would rather use it because of the convenience that it provides. The third title of the ADA is Public Accommodations. This title states that all new buildings must be equipped with certain disability requirements. These requirements will ensure that all new facilities are disability accessible. The requirements in place range from a specific size of doors, to ensuring that bathroom stalls are a certain size. These standards are not extremely high; however they do make it slightly easier for people with disabilities to be able to get into, around and out of new buildings much easier than before. The fourth part of the ADA is Telecommunications. This title requires that all phone services provide services for the disability population. This could range from making sure that the numbers on the phone are large enough for the blind to see to making sure there is a text screen for the deaf to be able to read what is being spoken on the phone. This is required so that everyone is able to communicate over the phone at any time. The fifth and final part of the ADA is the Miscellaneous. This title protects the disabled population as well as their caretakers from being put in harms way or from being threatened by others in any way. This title was designed to ensure the safety to the disabled as well as their caretakers. These five titles make it easier for people to live with their disabilities. This act is in place in order to make items accessible and available to the disabled. With the exception of the employment title, which only applies to employers who have over fifteen employers, all other titles apply to any person having a disability, as defined earlier. Part 2: There are always efforts to improve the Americans with Disabilities Act. As our society is constantly in change, we must always be changing as well as accommodating laws so that they will best fit our changing society. One of the biggest struggles of the ADA is the change that has recently been made by the government in the definition of a person having a disability. The government has recently made the definition of a person with a disability to be stricter, meaning that less people are now being qualified as disabled. This is causing problems because it is meaning that people who may need help from the ADA are technically unable to be qualified for it. This is one of the most recent issues that the ADA is dealing with. They are trying to make the ADA more accessible to the people that need it but may not be qualified as disabled. The ADA is also looking for ways in which they are able to recognize people with invisible disabilities. “On July 26th, House of Representatives Majority Leader Steny Hoyer (D-Md.) and Congressman Jim Sensenbrenner (R-Wis.) introduced the Americans With Disabilities Act (ADA) Restoration Act of 2007 (HR 3195)” (What). Though this has been presented to the congress, it has yet to be passed. There are several other suggested changes that people want to make to improve the ADA as well.
Part 3 There are many things that both individuals and organizations can do to see implementation of the ADA, along with helping advocate disability rights, helping to get a restoration act passed in congress. One of the biggest things anyone can do is to write congress people. If the congress people do not know what the citizens want supported, they cannot properly represent us. We need to bring disability rights and the ADA restoration act to their attention, letting them know we want them to support the passing of this bill and other similar ones. Lobbying is another way to get this across. Individuals need to write testimonials of what it is like living with a disability now, what has worked and what more needs to be done from their perspective. Organizations can also go to the government for a chance at grants for funding of restorations, since organizations only have to renovate public venues if they have the means to do so. As a club, we need to form allies with other clubs and ROP offices on campus. We also need to work to get more members. The more people we have fighting for change, the more likely we are to get it. We need to prove that this is a large enough issue for the government to look at. As a group, we can also go to business owners, urging them to do what they can to comply with ADA standards and make their businesses accessible to everyone. If this doesn’t work, then people need to talk to lawyers. The only way to force someone to become compliant against their will is to sue them, and a lawyer can help figure out the best strategy. It may seem like a drastic step, but if it can make life better for all the disabled in the community, it may just be worth it. Bibliography Job Accommodation Network. Retrieved May 27, 2008, from http://www.jan.wvu.edu/links/adasummary.htm ADA Accessibility Guidelines. Retrieved May 27, 2008, from http://www.access-board.gov/adaag/html/adaag.htm What Do You Hear What Do You Say.Com. Retrieved May 27, 2008, from http://whatdoyouhearwhatdoyousay.blogspot.com/ Newadalogo.gif 356x347 pixels. Retrieved May 27, 2008, from http://www.broward.org/images/arts/general/newadalogo.gif |