Celebrating the 34th Anniversary of the ADA
We are celebrating the 34th anniversary of the Americans with Disabilities Act (ADA) this week. It is perhaps the most meaningful civil rights legislation for people with disabilities in our nation’s history. For me the beginning of the ADA is the most powerful statement of the entire document. It moved me the first time I read it, and it continues to move me today. Section 2 (a) 8-9 of the Findings states:
Congress finds that:
(8) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
When it says, “the Nation’s proper goals.” It puts the document completely in perspective. It makes a promise. It is the responsibility of the entire Nation to assure that individuals with disabilities have equal access across all areas of life. It is hard to imagine anything more powerful than this stated view by the Congress.
Before the ADA
After almost 47 years in the field as a vocational rehabilitation counselor, administrator, and educator, I have seen how opportunities for people with disabilities have existed prior to the ADA, how these opportunities changed after the ADA, and finally as a person who now benefits from the ADA. Prior to the ADA, I travelled with a colleague who used a wheelchair who used the subway system. He was able to get an elevator at certain stops (not all), but often did not have access to bathrooms (sometimes for several stops). I had another colleague who I would go out to dine with. We had a favorite restaurant, but to get in we had to go to a back door and take a service elevator. At other restaurants we simply had to carry him up and down the steps. For him it was the way things had to be done, but something he always found frustrating because he could not get in these places independently. I also had a colleague who was deaf who completed her doctorate degree at a major university in special education. They refused all accommodations. It was only her persistence that got her through. The ADA has changed access to employment, education, housing, and in many buildings (still not at all places). For many the ADA has increased independence. Although some employers worked with vocational rehabilitation agencies and community rehabilitation programs, many employers were often unwilling to work with vocational rehabilitation counselors and others to support the employment of people with disabilities. Access to employment has improved, but not as dramatically as is needed.
After the ADA
When the ADA passed in 1990, I was working as a vocational rehabilitation counselor in the private sector helping individuals return to work after injuries in the workplace. We spent much of the first two years educating employers about how the law applied to them and their need to accommodate workers. Employers were afraid they would have to hire unqualified individuals and that accommodations would be too expensive. Both proved to be false. Even with the legislation we experienced employers who were unwilling to accommodate their workplace for people with disabilities to enter work or return to work. Many employers fought the legislation in court. People with disabilities, advocates, and vocational rehabilitation counselors worked diligently in their communities to assure that the full effect of the ADA was applied in their communities to ensure equal access to housing, education, employment, and all phases of life. Employment First advocacy and community rehabilitation programs have been able to drive success in supported employment, transitional employment, and competitive integrated employment because of the ADA. Over time the ADA has increased access and opportunity in each of these areas. I have travelled with many individuals with disabilities who now have much easier access to transportation, restaurants, housing and employment, but it is still not without challenge. Universities and colleges now provide greater accommodations and access. Employment opportunities have increased, but the unemployment percentage for people with disabilities is still twice that of people without disabilities.
Personal Experience
In 2010, I developed a visual impairment and hand tremors that affected my ability to work. I was no longer able to drive. I required large screen monitors and initially Dragon Naturally Speaking technology to complete email, notes and reports. Employers have also provided me with drivers when needed, large screen monitors to meet my needs, and software as accommodations for my work. Although many software companies have created access, I have benefited from Microsoft Office having built in screen readers for Word, Excel, and Adobe. In every case, the ADA has been essential, and employers have readily worked with me to create accommodations that give me the opportunity to be successful at work.
Strengthening the ADA
The ADA has not been a panacea. Initially employers, housing entities, businesses, and postsecondary institutions fought many of the tenets of the ADA. With the decisions from the Supreme Court, the definition of disabilities and access became more restricted. At one point, employers were winning almost 90% of the legal challenges. Fortunately, Congress intervened with the Amendments to the Americans with Disabilities Act in 2008 (ADA II). They clarified who was to be included as a person with a disability and expanded the definition. They reinforced their definitions of what they meant by access. They strengthened the requirements of the ADA.
Let’s Celebrate and Go to Work!
This week should be a celebration! The 34th Anniversary of the ADA signifies the expectation that it is our Nation’s responsibility to insure full inclusion and opportunity for people with disabilities in American society. The ADA should be considered the beginning of full access for people with disabilities. It is not the end and work remains to be done. Even with ADA II, we still do not have complete access to employment, housing, transportation, higher education, and independence. It remains the responsibility of vocational rehabilitation counselors, vocational rehabilitation agencies, advocates, community rehabilitation programs, people with disabilities, and our Nation to ensure that the full intent and possibilities of ADA are fulfilled. It is a time to celebrate, but also to roll up our sleeves and continue the hard work required to fulfill this promise.
