Americans WITH DISABILITIES ACT-STOPPING DISABILITY DISCRIMINATION AND PROVIDING ACCESS TO JUSTICE!!
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Americans with disabilities, once treated as the &qunot;unknown minorities" of society, are steadily advancing on the road to equal opportunity and equal access through the use and enforcement of the ADA (Americans with Disabilities Act) also referred to as the DDA (Disability Discrimination Act). Historically, since 1964, statutes and regulations have been in place to prevent and make illegal racial, sexual, religious and national origin discrimination. Persons with disabilities were largely ignored and suffered shame, were hidden from society and "just not talked about:. In fact they suffered the indignity of being called "handicapped", a name associated with indignity and exclusion. Because of access barriers, the disabled suffered indignities of ot being able to enter into restaurants obtain a hotel room to accommodate them, inability to ride public transportation, lack of travel comforts and a host of other things that so called "normal" people took for granted.
Disability rights groups and people who supported them joined together and said in the proverbial words "I'm mad as hell and I'm not going to take it anymore". They mobilized, became a huge political force and voting block and got Washington's attention.
On July 26, 1990 President George Bush signed into law the Americans with Disabilities Act (ADA). The long hard fight to gain equal rights for the disabled had produced tremendous results. The ADA is a powerful and far reaching law. It guarantees equal opportunity for individuals with disabilities in public and private sector services and employment. In general the ADA bands discrimination on the basis of a recognized disability. The act was modeled after the Civil Rights Act of 1964 and the Rehabilitation Act of 1973.
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FACTS ABOUT PEOPLE WITH DISABILITIES IN AMERICA:
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There are approximately 54 million Americans -one in five people- with a disability
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The group is comprised of people of all ethnic backgrounds, cultures and ages and represents the largest minority subgroup-20 percent of all Americans-in the U.S.
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Of the nearly 70 million families in the U.S. more than 20 million families have at least one member with a disability.
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The market segment of Americans with disabilities maintains an aggregate income that now exceeds $1 trillion dollars of which more than $175 billion is discretionary spending.
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At least 700,000 people are newly disabled each year.
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61 percent of people with disabilities are of working age, between 16 and 64 years old.
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In the beginning nobody really understood the power and significance of the Americans with Disabilities Act. President Bush said it best when he said just before signing the ADA into law...."Let the shameful wall of exclusion finally come tumbling down". Unfortunately the wall that excluded persons with disabilities in many areas of our society still has not come down. This is due primarily to attitudes of misunderstanding of the law and intolerance toward people with disabilities. The ADA is a federal law that covers the whole nation. It is not voluntary. Compliance with the law is mandatory and access barriers must be removed from places that are open to the public wherever removal of the access barriers is readily achievable. In more than ninety percent of the time access barrier removal is deemed readily achievable. Therefore, attitudes or not, the law must be complied with and those that don't comply are subject to severe penalties, attorneys fees and costs associated with failure to comply with the law.
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THE AMERICANS WITH DISABILITIES ACT COVERS FIVE AREAS
- Title I: Employment - This section addresses the rights of individuals with disabilities in employment settings. The purpose of Title I is to ensure that qualified individuals with disabilities are protected from discrimination on the basis of disability. As long as the individual is qualified for an employment opportunity, the individual cannot be denied that opportunity simply because of a disability and must therefore be given the same consideration for employment that individuals without disabilities are given.
- Title II : Public Services - This part of the ADA addresses the right of access to public services by individuals with disabilities. The purpose of Title II is to prohibit discrimination on the basis of disability in all services, programs, and activities provided or made available by local or state governments and their affiliates agencies. This means federal, state and local government offices open to the public must also comply with the law. Examples of public services covered by the ADA include:
(a) Public bus service
(b) Government meetings
(c) Public schools and universities
(d) Recreation and state parks
(e) Court houses and law enforcement agencies
- Title III: Public Accommodation - This section of the ADA specifies that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of public accommodations. Title III mandates the accessibility of all services to persons with disabilities. Examples of public accommodations include:
(a) Public gathering places (restaurants, bars, movie theaters, etc.)
(b) Places of lodging (hotels, motels,bed and breakfast, etc.(
(c) Retail stores
(d) Social service centers
- Title IV - Telecommunications: The ADA requires telephone companies to provide telecommunication relay services to persons with disabilities affecting their hearing and speech. The relay services must provide speech impaired or hearing-impaired individuals who use TDD's (Telecommunication Devices for the Deaf) or other non-voice terminal devices opportunities for communication that are equivalent to those provided to other customers. Also covered under the ADA Title IV are Closed Captioning services; namely, televisions 13 inches or more in size must have closed captioning capabilities.
- Title V - Miscellaneous Provisions: This section of the ADA contains supplemental regulations that are not explicityly covered in other parts of the ADA.
Examples including a photographic showing of the application of the ADA to restaurants, parking, etc. can be found by clicking here. Contact us for a FREE EVALUATIONof any complaint or concern you may have regarding your or someone else's civil rights under the ADA. You can also call us toll free at (866)-712-1452.
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