The History of the Americans with Disabilities Act

Abstract

This paper is to give the reader a brief overview of the history of the Americans with Disabilities Act. The paper should enlighten the reader as to how the ADA began, first as a movement and through time became a law. This law would cover many people who have impairments in the workplace as well as customer access to buildings. We will cover the area of employment, highlight what it is to be disabled and the accommodation required removing barriers to employment. The other area of the ADA deals with public access and should be covered in future papers.

Through research of websites such as the U. S. Equal Employment Opportunity Commission and the Department of Labor, Mountian State Centers for Independent Living, The History of the ADA, and The United States Access Board as well as the textbook of Managing Diversity; People Skills for a Multicultural Workforce,8th ed., many unknown facts were brought forth for inspection. Just who started the movement? And how long did it take to become what it is today? There are many points of view on the history however, they point mostly to the Civil Rights Movement of the 60's. With Grass root movements, several Presidents and Congressional approvals have made the ADA what it is today. It removes many barriers that were once impossible to overcome for most disabled workers and business patrons. The main research is directed towards the workplace, although without knowing the past it would be difficult to understand the laws today.

In conclusion, businesses must understand that diversity in the workplace is important. It can open new avenues for an organization. Suggestions are made in which a company should provide Diversity training to its employees and stakeholders. This can help to remove barriers and change attitudes towards working with disabled workers.

Introduction

It is argued, by many groups, that the civil rights act was set into motion long before the notion was set before Congress. The Americans' with Disabilities Act could not have been possible had it not have been for the enactment of Civil Rights Act of 1964. As Ruffino points out, African-Americans are mostly responsible for the Civil Rights Movement. Their intention was to open the door for disadvantage groups, enabling them equal opportunity work rights (Carr-Ruffino, 2009, p. 261). This can be further illustrated through the introduction from Mountain State; they explain the Civil Rights movement also embraced the equal rights movement for women along with people who were disadvantaged (Mountian State Centers for Independent Living, 2001-2010). Discussed in this paper are the sequence of events which started the movement towards the ADA of today, starting with the movement, to the legal perspective, the act as it is today and conclusions with final recommendations of how to further ready organizations to accept diversity and disabled workers.

The Movement

The movement gained momentum, and in 1964, African-American and various other groups pressured Congress, setting into motion, and later passing the Civil Rights Act. Later in 1973, the Rehabilitation Act, Section 504, was passed which prohibited discrimination toward disabled workers, for both governmental and select private sector employers. This especially applied to private sector companies who acquire government contracts or federal financial assistance. Yet this did not carry over to all of the private sector employers' who had not engaged in such governmental contacts, until the passage of the Americans with Disabilities Act (ADA) of 1990 (Online Highways LLC., n.a.). In July 26, 1990, the ADA law was passed by Congress and signed into law by President George H.W. Bush, however, latter changes were made in 2009 (Online Highways LLC., n.a.).

Findings

It is estimated that some 43 million Americans reportedly have one or more forms of mental or physical disability. The authors of the website U. S. History.com explains that these numbers are increasing as our population grows older (Online Highways LLC., n.a.). History shows these groups of individuals tend to be isolated by society through prejudice and stereotyping. These major issues have been instilled in the thinking of many employers, which even to this day cause serious social issues. Even though many disabled workers are well qualified with experience and education, they have not received the same level of legal protection as other protected groups. Seen as a discrete minority, faced with many limitations and denied equal treatment in the workplace, laws were needed to protect this group from unfair and unnecessary discrimination, providing equal opportunity and equitable respect among society as productive members (Online Highways LLC., n.a.). Not only do they need quality jobs, but access to education to enhance their skills. Laws like the Civil and Rehabilitation Acts could remove barriers enabling these people to become more productive.

Purpose

Like African-Americans and other disadvantaged groups, many people with disabilities found themselves isolated, akin to be productive. The passing of Section 504 of the 1973 Rehabilitation Act was the start to putting people with disabilities to work (Mayerson, 1992). This law was administered by governmental agencies, companies who held contracts or financial assistance from the government. The purpose of the ADA was to provide a clear comprehensive directive eliminating discrimination against disabled individuals, enforceable by governing agencies like the EEOC and DOL. Furthermore, the purpose was also to level the playing field by legally removing barriers for disabled workers who qualify, enabling equal opportunity for them to apply for jobs that would otherwise be unavailable to them (Online Highways LLC., n.a.). It also allowed disabled works' to enhance their purchasing power enabling them to become more independent, access schooling, and become less dependent on other governmental programs. This was seen as contributing to an increase toward economic growth (The U.S. Equal Employment Opportunity Commission, 2008).

Legal Perspective

Disability

As mentioned earlier, ADA grew from the Civil Rights Act, then through the 1973 Rehabilitation Act, Section 504, to the first draft and enactment of the Americans with Disabilities Act signed into