M2: Disability Rights Movement Flashcards
Rehabilitation Act of 1973
1) Original idea: authorization of $1.55 billion dollars in
federal aid to individuals with disabilities
2) Disability rights leaders largely ignored the bill at first
3) Civil rights component “tacked on” at the last minute
4)Prohibits discrimination on the basis of disability
5) Much of the language came from the Civil Rights Act
of 1964
6) Vetoed twice by President Richard Nixon-Too costly
Protests leading up to Rehabilitation Act of 1973
1) Multi day protests and occupation of the Department of Health, Education and Welfare (HEW)
-protestors occupied the San Francisco office for 25 days
-lead by Judy Heumann
2) Bill was finally implemented in 1977
-unique challenges of this protest: attendant could not always assist, isolating protesters, used sign language, using unique aspects of disability to fig
Limitations of the Rehabilitation Act of 1973
1) Not strongly enforced due to costly renovations that
were required
2) People often overestimated costs
3) Little actual change was seen in the community
**was not a law, would just not receive government funding if not complying
**if caused hardships, did not have to do it
Disability Rights Movement
1)response to a growing sense of oppression
2) federal legislation did little to end isolation -> rehabilitation Act of 1973 laws was not well enforced
______% of persons with disabilities were afraid to go out of their home for fear of being mistreated
59%
_____% reported that access to public places was restricted by physical barriers
40%
_____% reported that transit systems were inaccessible
49
_____ were unemployed
66%
2/3 wanted to work
Brown v. Board of Education
1954
Separate schools for black and white children is unconstitutional
-Catalyst for the Disability Rights Movement
-Encouraged people with disabilities to also demand equal rights
Demands of the Disability Rights Movement
-disability rights movement took more time to develop and did not fully manifest itself to 1970s-1980s
1) accessibility and safety in transportation, architecture,
and the physical environment
2) equal opportunities in independent living, employment,
education, and housing
3) freedom from abuse, neglect, and violations of patients’
rights.
4) Effective civil rights legislation is sought in order to
secure these opportunities and rights.
-varying disabilities. not one large leader
the disability rights movement created a separation between _____
the police community and disabled activist
v Shift from the idea of disability as personal tragedy to
broader social critique of ‘abled-bodied’ society
-Medical Model -> Social Model
-People with disabilities should take a more active role vs.
responding to how society treats them
-Greater interest in initiating social change
Shift from administration ___ disabled people by “experts” to administration ___ disabled people
for
by
** Central philosophy for the Independent Living Model
American Disabled for Public Transport (ADAPT)
-Founded by Wade Blank in 1983
-Purpose: Engage disabled people in
direct action protest
-Focused on having equal access to
public transportation
-Members of the group were arrested
frequently and protests were extensive
-Continue to be a strong organization
protesting various issues(Now focused on other issues)
“Deaf President Now” Protests
-Defining moment of the disability rights movement
-Issue: In 1988 Students and faculty wanted a person
with a hearing impairment to run the school
-After several days of protest, faculty and staff voted to
support student demands
- I. King Jordan was named as President
-Several other hearing impaired individuals were
appointed to positions of power
Despite many family members living with disabilities,
________ was opposed to the act
George H.W. Bush
-Convinced by Evan Kemp that individuals with disabilities wanted empowerment, not handouts
George H.W. Bush was the first president to?
acknowledge the needs of individuals with disabilities
_________ national disability organizations endorsed the ADA
> 180
-still many arguments between individuals with different types of disabilities
Americans with Disabilities Act
1) Signed into law in 1990 by George
H.W. Bush
2) Most extensive civil rights legislation
since 1964
3) Legislation was much more forceful
compared to the Rehabilitation Act of
1973-Official law vs. requirement to receive
reimbursement
4)Legislation helped to bring together
people with a variety of disabilities
Effects of ADA
1) Businesses would have to make substantial
changes to infrastructure
2) Transportation systems would require a complete
overhaul to accommodate wheelchairs
3)Telecommunication systems were required to
make services available to those who are deaf/hard
of hearing
Title I ADA: Employment
1) Prohibits discrimination on the basis of disability in
employment.
2) Title I requires employers with 15 or more employees to
provide qualified individuals with disabilities an equal
opportunity to benefit from the full range of employmentrelated
opportunities available to others.
3)Prohibits discrimination in recruitment, hiring, promotions,
training, pay, social activities
4) Restricts questions that can be asked about an applicant’s
disability before a job offer is made.
5) Requires that employers make reasonable accommodation
to the known physical or mental limitations of otherwise
qualified individuals with disabilities, unless it results in
undue hardship.
ADA Title II: State and Local Governments
1) Must provide equal opportunity to benefit from programs, services,
and activities (e.g. public education, employment, transportation,
recreation, health care, social services, courts, voting, and town
meetings).
2) Must follow specific architectural standards in the new
construction and alteration of buildings.
3) Relocate programs or otherwise provide access in inaccessible
older buildings, and communicate effectively with people who have
hearing, vision, or speech disabilities.
4) Public entities are not required to take actions that would result in
undue financial and administrative burdens.
5) They are required to make reasonable modifications to policies,
practices, and procedures where necessary to avoid discrimination,
unless they can demonstrate that doing so would fundamentally alter
the nature of the service, program, or activity being provided.
Title III: Public Accommodations
1) Includes restaurants, hotels, theaters, private schools, doctors’ offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities. Transportation services provided by private entities are also covered by Title III.
2) must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment must comply with specific requirements related to architectural standards for
new and altered buildings;
v reasonable modifications to policies, practices, and procedures;
v effective communication with people with hearing, vision, or speech
disabilities; and
v other access requirements.
v public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation’s resources
3) Courses and examinations related to professional, educational, or
trade-related applications, licensing, certifications, or credentialing
must be accessible.
Bragdon v. Abbott
1998
- A women with AIDS was denied treatment by a dentist
-Court ruling: Individual with AIDS was protected under the ADA
Sutton v. United Airlines
1990
-Twin sisters with visual impairments (able to be corrected with
eye ware) were denied jobs with United Airlines as pilots
-Court ruled in favor of United Airlines. A disability that easily corrected is not covered under the ADA
