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Includes index. ; "October 1991." ; Shipping list no.: 91-723-P. ; Running title: ADA handbook. ; Item 1059-A-1 ; Includes bibliographical references. ; PARTIAL CONTENTS: Title I. Equal employment opportunity for individuals with disabilities -- Title II. Nondiscrimination on the basis of disability in state and local government services -- Title III. Nondiscrimination on the basis of disability by public accommodations and in commercial facilities -- Resource list -- PARTIAL APPENDICES: Public law 101-336. The Americans with Disabilities Act of 1990. ADA accessibility guidelines. Unity-related tax provisions applicable to businesses. ; Mode of access: Internet.

Introduction and overview of statute -- Legislative history -- What is a statutory disability? -- Employer obligations -- Government obligations under Title II -- Requirements under Title III for public accommodations and services operated by private entities -- Transportation and communications system requirements under Title IV -- Rehabilitation Act of 1973 -- Procedural and evidentiary issues -- Forms and procedures for Title I complaints -- Complaints under Titles II and III -- Post-complaint motions, supporting memoranda, and answers

"This series explores disability in a comprehensive, honest, and age-appropriate way. This book explores the historic landmark legislation of the Americans with Disabilities Act and its implications today. Engaging inquiry-based sidebars encourage students to LOOK, THINK, MAKE A GUESS, ASK QUESTIONS, and CREATE. Books are authored by writers with disabilities and the series has been developed in partnership with Easterseals who is leading the way to full equity, inclusion, and access through life-changing disability and community services. Books include table of contents, glossary, index, author biography, and sidebars"-- Provided by publisher.

President George Bush, noting that "statistics consistently demonstrate that disabled people are the poorest, least educated, and largest minority in America," signed the Americans with Disabilities Act ("ADA") into law in 1990. The ADA prohibits private employers from discriminating against a "qualified individual with a disability" in employment decisions. The Act defines a disability in one of three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded by others as having such an impairment. The ADA also prohibits employers from inquiring into an applicant's disability during the pre-employment stage, and places restrictions on medical examinations before extending an employment offer. Once the applicant becomes an employee, the employer still cannot require medical exams unless it can show that the concerns are "job-related and consistent with business necessity." The ADA followed the legislation of the Civil Rights Act of 1964 and more specifically, the Federal Rehabilitation Act of 1973. The Rehabilitation Act prohibits discrimination against individuals with handicaps by federal contractors, federal agencies, recipients of federal grants, and participants in federal programs. Title I of the ADA parallels most of the substantive provisions from the Rehabilitation Act and applies them to private employers. Thus, when the ADA was signed in 1990, it became the most comprehensive piece of disability civil rights legislation ever enacted in America." Congress noted that the Act would cover more than forty-three million peoplel and would "provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." People with disabilities today are still disproportionately poor. Fifty-nine percent of disabled Americans live in households with in- comes less than $25,000, and the poverty rate for adults with disabilities triples that of the rest of the ...

In 1990, a bill was enacted into federal law with the purpose of protecting people with disability from discrimination. Essentially it dictates that "no covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment". The employer must also "make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business". The bill was aimed primarily at employers but also carries weight concerning public accommodations. All public buildings must reasonably accommodate handicapped individuals in respect to stairs, public transportation, entrances, water fountains, toilets, curbs, Automatic Teller Machines, parking and many, many other facilities. This does not even bring into account that there are thousands of other instances that have never been defined. In fact, the very definition of "disability" is extremely vague. On the surface the Americans with Disabilites Act does legitimately protect the general public from unfair discriminatory practices, but it opens another door in the long list of ways unethical people may take advantage of "the system". In fact, many of the routes people follow to take advantage of the ADA can be equated to welfare fraud. Coupled with the fact that the United States is becoming a much more litigious society, the ADA is recognised by some as just another pathway to unearned income.

Before turning our attention to the recent developments in employment of the disabled and becoming familiar with these developments, it is important to define what the words disability and handicap mean in general. The majority of us use these two words interchangeably. There is, however, a difference in the meanings that should be understood before any further examination into the topic is made. Disability is the functional limitation within the individual that is caused by physical, mental, or sensory impairments; handicap is the loss or limitation of opportunities to take part in the normal life of the community on an equal level with others due to physical and social barriers [5]. Until the end of 1992, over 251,000,000 persons were classified as disabled in the United States. Males account for 49%, while females make up 51% of this population. There is also a strong relationship between age and the likelihood of a disability. Persons 65 years and over made up 12.2% of the total population, but they accounted for 33.8% of all persons with a disability. Persons with low incomes are more likely to have disabilities than persons with high incomes. As far as employment goes, the employment rate among both sexes for persons with no disability was 80.5%, but the rate was 24.1% for disabled persons [5]. People with disabilities have unfortunately not been part of the American mainstream and are still excluded from full participation in society. Millions are seeking employment so they too can earn a living and become socially and economically independent. Such employment statistics brought about the Americans with Disabilities Act (ADA). The ADA is the most significant federal civil rights legislation that has affected and will continue to affect private employers since the passage of Title VII of the Civil Rights Act of 1964. It was signed by President Bush on July 26,1990. For employers with 25 or more employees, the ADA went into effect July 26, 1992; and for employers with 15–24 employees, it went into effect on July 26,1994. Companies with less than 15 employees are exempt from the job‐bias rules. Stated in the most simple terms, the ADA will prohibit discrimination in employment and in access to public services based upon disability. Employers must now provide reasonable accommodation to disabled employees and applicants as long as this does not inflict undue hardship on the business. Three major barriers currently exist for working‐aged disabled people: discrimination, lack of employment opportunities, and places with reasonable accommodations for the disabled.

The doctrine of contractual incapacity allows people with mental disabilities to avoid their contractual liability. Its underlying premise is that the law has an obligation to protect people with such disabilities both from themselves and from unscrupulous people who would take advantage of them; mental incapacity provides this protection by rendering certain contracts unenforceable. The Disability Rights Movement ("DRM"), however, has challenged such protective legal doctrines, as they rest on outmoded concepts about people with mental disabilities. This essay argues that the mental incapacity doctrine undermines the goals of the DRM and the legislative goals of the Americans with Disabilities Act. First, the doctrine reinforces stereotypes about people with mental disabilities, contributing to the negative social construction of disability. Second, it contributes to the social exclusion of people with mental disabilities, as the threat of contract rescission discourages commerce with people with mental disabilities. Third, the doctrine unjustifiably imposes a requirement of rationality upon transactions entered into by people with mental disabilities. Finally, the doctrine demeans people with disabilities by shielding them from the risk-taking that is an integral part of life. To mitigate the harm caused by contractual incapacity I propose that the doctrine be restricted to people who were subject to a plenary guardianship when they entered into the contract. Such a restriction is an imperfect proposal, but it strikes a better balance between the rights of people with mental disabilities and the mental incapacity doctrine than currently exists.

At the onset of this project, I aimed to compile the work done by disability activists to pass legislation, demand accessibility, and offer feedback on the outcomes of their labor. I hoped to learn about the disability community and understand their experiences. My older sister, Kathleen, has Down syndrome, so I have lifelong connections to the disability community. However, I recognize I do not have a disability diagnosis myself, and I have many layers of privilege that skew my understanding of the disability community. I am a white woman and the daughter of two lawyers who speak English as their first language. My family has always been aware of my sister�s rights and how to access them. I know this is not the case for all people, and I wanted to understand the wide range of experiences of people with disabilities. While working with Dr. Harris to narrow down the topic for my thesis, I came across the documentary �Crip Camp� on Netflix. I watched it immediately before our weekly thesis meeting and had an intense emotional response. This documentary detailed the work of the activists in passing Section 504 of the Rehabilitation Act and, eventually, the Americans with Disabilities Act (�Crip Camp,� 2020). On my walk down campus to meet with Dr. Harris, I noticed the ramps, wheelchair access on buses, and cutouts in the sidewalk that I walk past multiple times every day. I realized that those were not there a few years earlier. I understood a glimpse of the work activists contributed to making these infrastructural changes possible. I realized just how impossible daily activities were for individuals with disabilities only a few decades ago. The people who fought for these rights are still alive, and many of these individuals are still working. This documentary helped me understand why my sister has access to the rights she does. I realized that the Americans with Disabilities Act revolutionized the country for people with disabilities, and I wanted to learn more. To express these findings, I introduce the ...

The Americans with Disabilities Act (ADA) has often been described as the most sweeping nondiscrimination legislation since the Civil Rights Act of 1964. As stated in the act, its purpose is "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." This report discusses recently proposed regulations that would adopt accessibility standards consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board.