exam 1 Flashcards
what is rehabilitation?
- A phase in medical care (preventive &
curative medicine, followed by
rehabilitative) - A field of medicine (Physical Medicine &
Rehabilitation) - Comprehensive rehabilitation
(Physical, Psychological, & Social functioning)
what is vocational rehabilitation?
a comprehensive sequence of services, mutually planned by the consumer and rehabilitation counselor, to maximize employability, independence, integration, and participation of persons with disabilities in the work place and the community
history of rehabilitation
focuses on treating those who deviate negatively
from the majority in society in regard to
one or more of the following:
◼Physical appearance
◼Physical functioning
◼Intellectual functioning
◼Behavior
disability
a physical or mental impairment that substantially limits one or more major life activites
society’s response to disability
perceived:
1. cause of disability
2. threat of disability (burden to society)
3. responsibility of disability
4. prevailing economic conditions
5. sociocultural philosophy
6. existing medical knowledge
1917 Smith-Hughes Act
retaining needs of dislocated industrial workers
made federal monies available to each state on a matching basis for vocational education programs
Soldier’s Rehabilitation Act 1918
first U.S. federal program for VR of PWD
VR programs for veterans with disabilities
1920: The Smith-Fess Act
First federal Civilian VR Act
Extended vocational education to individuals with physical disabilities
1935: Social Security Act
The vocational rehabilitation program became a permanent
program
1936: Randolph-Sheppard Act
Enabled people who were blind to operate vending stands on
federal property
1938: Wagner-O’Day Act
Created the National Industries for the Blind
Made it mandatory for the federal government to purchase
designated products from workshops for the blind
1943: Barden LaFollette Act
Extended federal-state rehabilitation program services to persons
with mental retardation or mental illness
1954: Vocational Rehabilitation Act Amendments
Expanded services to a larger number of persons with
mental retardation or mental illness
1956: Social Security Act Amendments
Authorized Social Security disability allowance for any
permanently disabled “injured” person age 50 or older
1965: Vocational Rehabilitation Act Amendments
Established 6- and 18-month extended evaluation services
to determine the employment potential of some applicants
1972: Social Security Act Amendments
Made beneficiaries with disabilities eligible for Medicare
health coverage
Rehabilitation Act of 1973
main goals:
- serve people with severe disabilities
- promote consumer involvement
- stress program evaluation
- support research
- advance civil rights of PWD
- prohibit discrimination on basis of disability
section 501
affirmative action
- mandated nondiscrimination by federal government in its own hiring practices
- each department required to submit “an affirmative action program plan for the hiring, placement, and advancement of those with disabilities”
Section 502
Accessibility
Established the Architectural and Transportation Barriers Compliance Board
(ATBCB) to enforce the 1968 Architectural Barriers Act
Section 503
Affirmative Action by Federal Contractors
Affirmative action and nondiscrimination in employment by federal contractors and
subcontractors with contracts of more than $10,000.00
Section 504
Equal Opportunities
No otherwise qualified individual with a disability in the United States . . . shall,
solely be reason of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance . . .
Education for All Handicapped Children of 1975
schools given task to identify children with disabilities and make sure they are provided for
Individuals with Disabilities Education Improvement Act (IDEA) of 2004
children with disabilities are provided with free, public education
- least restrictive environment
reasonable accommodations
modification or adjustment to a job or work environment
- NOT a fundamental alteration in the nature of a program
essential functions
primary duties of job
why the job exists
the fundamental job duties that you must be able to perform on your own with or
without a reasonable accommodation (and that are not marginal
undue hardships or burden
when an accommodation requires significant difficulty or expense
employers are not required to provide accommodations if it causes this
ADA signed in 1990
extended protections of Section 504 in private sector employment settings
purpose is to provide a clear and comprehensive national mandate for elimination of discrimination against PWD
qualified individual under ADA
physical or mental impairment that substantially limits one or more major life functions
- recorded as having or had a disability
- regarded as having a disability
disability is determined…
on an individual basis
Title V: Miscellaneous
retaliation or coercion against PWD seeking to enforce their rights under ADA
Title IV: Telecommunications
Mandated the availability of a dual-party
relay service
Mandated all television public service
announcements using federal assistance
provide closed captioning of the verbal
content of the announcement
- Enforcement = Federal Communication Commission (FCC)
Title III: Public Accommodations
Prohibits discrimination by private entities that own public accommodations by
providing PWD an equal opportunity to receive the benefits of goods and services
in the most integrated settings
- ex) Hotels, restaurants, bars, golf courses, stores,
theaters, and hospitals
- Enforcements = Dept. of Justice
Title II: Public Services
Subtitle A: state and local government services
- access to public entities for PWD
(Provide an interpreter in a city council mtg for those who are deaf)
Subtitle B: public transportation
- Provided by bus, rail, or commuter rail
- Enforcement = Dept. of Justice
Title I: Employment
Applies to private employers with at least 15 employees
Enforcement of Title I = Equal Employment Opportunity Commission (EEOC)
- Requires employers to provide reasonable accommodations to qualified individuals
with disabilities unless to do so would cause an undue hardship on the company
Mitigating Measures
a treatment or device that ameliorates the effects of a disability (such as assistive or
prosthetic devices or medicines)
Direct Threat
No requirement to hire if it poses a direct threat to self or others
ADA Amendments Act 2008
“reinstating a broad scope of protection”
“w/o regard to the ameliorative effects of
mitigating measures”
- Except for ordinary eyeglasses or contact
lenses
- Still considered a disability even if the
disability is episodic in nature
ADAAA 2008
reinstating a broad scope of protection
without regard to the ameliorative effects of mitigating measures
- except for eyeglasses or contact lenses
- still considered a disability even if it is episodic in nature
major life activities and body functions
quality of life
life satisfaction
adaptation to disability
social support
economic well-being
case of Baby Doe
economic arguments
2-4 years to pay back rehab costs (taxes)
PWDs cost billions in Federal disability income support programs
government earns about $11 in taxes for every $1 spent on rehab programs
moral arguments
rehab is provided by a humane society
allows us to be each other’s keepers
decent society is obligated to provide rehabilitation
scarce resources
require us to decide what we value and what is most important
- 15% on transition resources, WIOA 2014
upside-down welfarism
evidence for “creaming the crop”
evidence against order of selection - serve most severe disabilities first
principles for decision making
utilitarianism
egalitarianism
pragmatic approach
humanitarian approach
utilitarian
advocates greatest good for greatest number
egalitarianism
fairness
pragmatic approach
considers usefulness and actual outcome
humanitarian approach
improve general welfare/happiness of people
TABS
temporary able-bodied people
- anyone can develop a disability throughout life
PWDs often have said…
“nothing about us, without us”
Genetic Information Nondiscrimination Act of 2008
This Federal law:
- Sets minimum standards that must be met
by all states
- Covers health insurers
- Covers employers with 15+ employees
