October 02, 2007
National Council on Disability Says Americans with Disabilities Act Findings Encouraging
WASHINGTON—The National Council on Disability (NCD) today released two reports on the Americans with Disabilities Act (ADA) that show that ADA implementation is not only possible and practicable, it is also good for business.
The first,The Impact of the Americans with Disabilities Act: Assessing the Progress toward Achieving the Goals of the ADA, describes a retrospective study and review of the impact the ADA has had on the lives of Americans with disabilities during the first sixteen years since its passage, with particular focus on the four major goals of the ADA—equality of opportunity, full participation, independent living, and economic self-sufficiency. Progress toward the goal of economic self-sufficiency appears to be the goal having the least success.
The purpose of the ADA is "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." This report describes a two-year retrospective study and review of the impact the ADA has had on the lives of Americans with disabilities over a sixteen-year period, with particular focus on the four major goals of the ADA—equality of opportunity, full participation, independent living, and economic self-sufficiency. NCD-funded researchers consulted disability experts and ADA stakeholders from around the country through interviews, public forums, and focus groups, and analyzed existing data and information sources to gather information about the impact of the ADA. The findings are encouraging but far from complete.
The provisions of the ADA addressing architectural, transportation, and communication accessibility have changed the face of American society in numerous concrete ways by enhancing the independence, full participation, inclusion, and equality of opportunity for Americans with disabilities. People with disabilities report having greater access to goods and services from businesses, state and local governments, and their local communities. People with mobility impairments have experienced substantial improvements in physical access to transportation, businesses and government agencies. As workers, people with disabilities are more likely to receive accommodations and less likely to be terminated due to their disabilities. However, obtaining employment remains difficult for people with visible and severe disabilities. Disparities still exist in access to health insurance, health care, and financial assets for people with disabilities, as compared to people without disabilities. Access to information, particularly the Internet, is inconsistent, at best, for people who are visually impaired. Progress toward the goal of economic self-sufficiency appears to be the goal having the least success.
The ADA impact report contains recommendations for addressing the barriers that are preventing full achievement of the overarching goals of the ADA.
The second report, Implementation of the ADA: Challenges, Best Practices, and New Opportunities for Success, highlights many strategies for ADA implementation that have been successful, as well as obstacles that are preventing ADA implementation. This report reflects the experiences and ideas of ADA stakeholders from around the country, including small and large businesses, employers, judges and legal professionals, governmental entities, and individuals with disabilities, concerning ADA implementation. Through this extensive stakeholder input, NCD learned of the many strategies for ADA implementation that have been successful, as well as obstacles that are preventing ADA implementation.
One important finding is that meaningful ADA implementation is both possible and practicable. Some effective ADA implementation practices were identified that can serve as models and that illustrate how diverse covered entities are going about making the promise of the ADA a reality. However, in many areas, the ADA remains unimplemented, and gaps in information, knowledge, and interest in compliance with the ADA still exist. Therefore, this study also focused on understanding why certain sectors of our society have made little progress in ADA implementation and on developing recommendations to address those implementation gaps.
The ADA implementation report contains extensive recommendations for improving ADA implementation, and NCD remains committed to working with the Administration, Congress, and the public to achieve the promise of the ADA for all Americans—the elimination of disability-based discrimination in all aspects of society.
Despite extensive ADA technical assistance and training available from federal agencies, however, people with disabilities report widespread failure to comply with the ADA by small businesses, especially those in small towns and rural areas. Input from small businesses revealed that many in the small business community still do not understand the specific requirements of the ADA. Some mistakenly believe the ADA does not apply to them, while others believe the ADA requires much more than it does. NCD's ADA implementation report contains an ADA public awareness campaign prototype targeting small businesses, and calls for Congress to provide specific funding to DOJ and all technical assistance organizations, such as the ADA & IT Technical Assistance Centers, for outreach to chambers of commerce, Rotary Clubs, and other small business organizations. NCD also recommends that building renovation requests trigger an ADA compliance review.
According to NCD chairperson John R. Vaughn, "It is 17 years since the ADA was enacted and yet public awareness and societal attitude issues are still factors that inhibit the full promise of the ADA to truly level the playing field for people with disability. NCD conducted this ADA implementation project to learn from the successes, best practices and to bring together people with disabilities and covered entities to develop recommendations to advance ADA implementation. This dialogue resulted in 167 recommendations. So, there is much to do, and we look forward to working with all ADA stakeholders to further the progress toward a fully accessible America."
NCD is an independent federal agency and is composed of 15 members appointed by the President, by and with the advice and consent of the Senate. It provides advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability and to empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.
For additional information, please contact Mark S. Quigley or Julie Carroll at 202-272-2004 (V) or 202-272-2074 (TTY).
NCD #07-540
July 26, 2007
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov
Posted by Nancy at 09:22 AM | Comments (0)
April 30, 2007
EEOC's Employment of Health Care Workers with Disabilities Fact Sheet
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a new question-and-answer (Q&A) fact sheet on the application of the Americans with Disabilities Act (ADA) to job applicants and employees in the health care industry. The new publication is part of a series of Q&A documents about specific disabilities in the workplace and specific industries.
The new fact sheet provides practical information about applying ADA employment rules in health care jobs, in a variety of settings — from public and private hospitals and nursing care facilities to doctors' and dentists' offices and diagnostic laboratories. The occupations within the health care field are many and varied, including physicians, surgeons, dental hygienists, nurses, workers, physical therapists, medical records clerks, laboratory technicians, paramedics, home health aides and custodial and food service workers in medical facilities.
Although the rules under Title I of the ADA are the same for employers and individuals with disabilities in all industries, this fact sheet explains how the ADA applies to some unique situations that may arise in health care settings. Many of the real-life examples in the fact sheet are based on cases that have been decided by courts or settled by the EEOC.
For more information about the ADA and other laws that protect people with disabilities, visit the Civil Rights section of DisabilityInfo.gov.
Posted by Nancy at 06:03 PM | Comments (0)
November 13, 2005
EEOC Explains Employment Rights Of Persons Who Are Blind or Visually Impaired
New Document Answers Frequently-Asked Questions, Challenges Stereotypes
WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a question-and-answer document on the application of the Americans with Disabilities Act (ADA) to people in the workplace who are blind or who have vision impairments. The new publication, is available on EEOC's web site at
http://www.eeoc.gov/facts/blindness.html.
The latest Q&A document is the fifth in a series of fact sheets issued by the EEOC for persons with disabilities, and/or focusing on the ADA and specific disability issues, in accordance with President Bush's New Freedom Initiative. It is the second ADA document made available by the Commission in the past two weeks, in observance of National Disability Employment Awareness Month.
"This publication will help eliminate unfounded fears and stereotypes that lead to employment discrimination against so many people who are blind or visually impaired," said EEOC Chair Cari M. Dominguez. "As with prior ADA fact sheets, our goal is twofold: first, to make clear that all people with disabilities are protected from workplace discrimination and, second, to educate employers and promote access and inclusion."
Among the issues the new Q&A document addresses are:
- When a vision impairment is a "disability" within the meaning of the ADA;
- What questions employers may ask job applicants or employees about their vision impairments and when employers may conduct medical examinations that test vision;
- What accommodations people who are blind or visually disabled may need to apply for a job, to perform a job's essential functions, or to enjoy equal benefits and privileges of employment, such as the ability to take advantage of training and other opportunities for advancement; and
- How employers should handle safety concerns they may have about applicants or employees with vision impairments.
at www.eeoc.gov.
In addition to enforcing Title I of the ADA, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments, and the Rehabilitation Act's prohibitions against disability discrimination in the federal government, EEOC enforces laws prohibiting race, sex, color, national origin, religion, and age discrimination in employment.
Posted by Karen Thomas at 10:26 AM | Comments (0)
October 24, 2005
New ADA Transportation Guidance from the Department of Transportation
Recently, four new guidance documents interpreting the Department of Transportation (DOT) Americans with Disabilities Act Regulations were released by DOT. These four guidance documents faithfully carry out the intent of the ADA and its regulation to protect the civil rights of people with disabilities.
For example, one of the documents states that transit agencies must provide paratransit service in a way that goes beyond "curb-to-curb service" if necessary to actually get the passenger from his or her point of origin to his or her destination.
The documents are entitled:
- Origin to Destination Service
- Full-Length, Level-Boarding Platforms in New Commuter and Intercity Rail Stations
- Paratransit Requirements for '5311-Funded Fixed-Route Service Operated by Private Entities
- Use of "Segways" on Transportation Vehicles
www.fta.dot.gov/ada under the first heading, "DOT Disability Law Guidance." A current direct link is http://www.fta.dot.gov/14531_17511_ENG_HTML.htm.
Note that the first link has a number of other important ADA transportation tools for advocates, including:
* The FTA ADA complaint form at
http://www.fta.dot.gov/14531_14889_ENG_HTML.htm
* A growing list of FTA ADA assessments of transit agencies at http://www.fta.dot.gov/14531_16159_ENG_HTML.htm
Marilyn Golden Policy Analyst Disability Rights Education and Defense Fund (DREDF)
mgolden@dredf.org
Home office: 1629 Ward Street Berkeley, CA 94703
USA Voice (510) 549-9339
FAX (510) 549-9449
Posted by Karen Thomas at 01:17 PM | Comments (0)
October 02, 2005
New Media Training Resources On JAN Web Site
The Job Accommodation Network has recently added several videos and PowerPoint presentations on their website.
The materials include an 8 minute video designed to demonstrate to employers JAN’s services, an 11 minute video addressing Substance Abuse in the Workplace,
and a 40 minute video on personal assistance in the workplace. Visit:
http://www.jan.wvu.edu/ppt/.
Posted by Karen Thomas at 11:46 AM | Comments (0)
DOJ Offers On-Line Course on Reaching the Disability Market
The U.S. Department of Justice Disability Rights Section recently released an online course for businesses, “Reaching Out to Customers with Disabilities,” The course explains how the ADA applies to businesses in ten short lessons. Putting these lessons into practice enables businesses to both comply with the ADA and attract the disability market. The course is at
http://www.ada.gov/reachingout/intro1.htm.
Posted by Karen Thomas at 11:36 AM | Comments (0)
August 16, 2005
Yes, You Can
By John Hockenberry, Published: July 24, 2005 PARADE
http://archive.parade.com/2005/0724/0724_disabilities.html
Posted by Karen Thomas at 02:59 PM | Comments (0)
August 08, 2005
ADA Paper
On July 26, the National Council on Disability (NCD) released its latest paper NCD and the Americans with Disabilities Act: 15 Years of Progress, which describes NCD’s role in the passage of
the ADA and the continuing efforts of the Council in evaluating the implementation, effectiveness and impact of the ADA. The paper can be found at
www.ncd.gov/newsroom/publications/2005/15yearprogress.htm.
Posted by Karen Thomas at 06:37 PM | Comments (0)
August 01, 2005
A Proclamation by the President on the Anniversary of the ADA
The White House Office of the Press Secretary
For Immediate Release
July 26, 2005
Anniversary Of The Americans With Disabilities Act, 2005
By The President Of The United States Of America
A Proclamation
On July 26, 1990, President George H. W. Bush signed into law the Americans with Disabilities Act (ADA). This historic legislation provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The ADA reflects our Nation's faith in the promise of all individuals and helps to ensure that our Nation's opportunities are more accessible to all.
The ADA has been a great success in expanding opportunity for disabled Americans. By reducing barriers and changing perceptions, the ADA has increased participation in community life and given greater hope to millions of Americans.
Because of the ADA, individuals with disabilities are better able to develop skills for school, work, and independent living. Our Nation has more to do to further the goals of the ADA. Through the New Freedom Initiative, my Administration is building on the progress of the ADA to increase the use of technology and expand educational and employment opportunities. We are promoting the development and dissemination of assistive and universally designed technology. We have launched DisabilityInfo.gov, an online resource of programs and technology relevant to the daily lives of people with disabilities and their families, employers, service providers, and other community members. We also require electronic and information technologies used by the Federal Government to be accessible to people with disabilities. To ensure that no child with a disability is left behind, I have requested $11.1 billion for the Individuals with Disabilities Education Act in my FY 2006 budget $4.7 billion above the FY 2001 level. The Department of Education is seeking new and effective ways for students with disabilities to learn. My Administration is also working to educate employers on ADA requirements and further assisting persons with disabilities by implementing the "Ticket to Work" program and strengthening training and employment services at One-Stop Career Centers. Through all of these efforts, we are helping individuals with disabilities have the opportunity to live and work with greater freedom.
On the 15th anniversary of the Americans with Disabilities Act, we celebrate the progress that has been made and reaffirm our commitment to fulfilling the ADA's mission of bringing greater hope and opportunity to our Nation's disabled Americans.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim July 26, 2005, as a day in celebration of the 15th Anniversary of the Americans with Disabilities Act. I call on all Americans to celebrate the many contributions individuals with disabilities have made to our country, and I urge our citizens to fulfill the promise of the ADA to give all people the opportunity to live with dignity, work productively, and achieve their dreams.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of July, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth.
Posted by Karen Thomas at 11:40 PM | Comments (0)
Hoyer Awarded George Bush Medal for the Empowerment of People with Disabilities
Posted on July 26, 2005:
Hoyer Received Award at the National Council on Disability's 15th Anniversary Observance of the ADA
WASHINGTON, DC - Congressman Steny H. Hoyer (D-MD) was awarded the George Bush Medal for the Empowerment of People with Disabilities last night at the National Council on Disability's 15th Anniversary Observance of the Americans with Disabilities Act (ADA). Former President George H.W. Bush presented him with the award. As failed the lead sponsor of the Americans with Disabilities Act of 1990 in the House of Representatives, Congressman Hoyer shepherded the ADA to overwhelming approval. Over the past 15 years, Hoyer has fought to ensure that the promise of the ADA is fulfilled for all people with disabilities.
Congressman Hoyer released the following statement today, on the 15th Anniversary of the ADA's enactment:
"I am deeply honored to receive this award, joining the ranks of dedicated champions of the disability movement, such as the late Justin Dart, Jr., former Attorney General Dick Thornburgh, disability activist Patricia Wright, and several others.
"Fifteen years ago today - the day President George H.W. Bush signed the bipartisan Americans With Disabilities Act into law - was one of my proudest moments in public service.
"For far too long, people with disabilities suffered the cold chill of exclusion. But with the enactment of the ADA - the world's first comprehensive declaration of equality for people with disabilities - the warm breeze of inclusion began to sweep across America.
"Over the last 15 years, there is no doubt that the physical landscape has changed for people with disabilities. Ramps, curb cuts, Braille signs, captioned televisions and chair lifts are just a few examples.
"However, despite our progress, it is clear that the promise of the ADA remains unfulfilled for too many Americans with disabilities. Only about one-third of people with disabilities are employed. They are three times more likely to live in poverty. And, the Supreme Court, in several decisions, has failed to give the ADA the broad interpretation that Congress intended when we passed it.
"Today, we must renew our commitment to the principles and spirit of the ADA, and recognize that our work is not done. The ADA allowed us to tear down the wall of exclusion and pour a strong foundation for the house of equality. But that house is still being built.
"The promise of the ADA remains unfulfilled, but is still within reach."
The George Bush Medal Committee was established by the disability community in 1992 and is intended to reinforce the nation's commitment to keeping the promise of the ADA to all Americans and to encourage the spirit of ADA throughout the world.
NCD is an independent federal agency making recommendations to the President and Congress on disability policy issues and representing people with disabilities on policy matters. It was established as an independent agency in 1984, and the Council drafted early versions of the ADA.
Posted by Karen Thomas at 10:40 PM | Comments (0)
July 24, 2005
ADA Anniversary Celebrations
AAPD Lists Upcoming ADA Anniversary Celebrations by State
For a celebration near you visit
http://www.aapd-dc.org/ADAcelebration/adacel05/stateadacel.html.
Posted by Karen Thomas at 11:04 PM | Comments (0)
November 16, 2004
The Lawsuit Dilemma
Today, lawsuits for social change are widely condemned. Yet they're the only real means we have for achieving access. The Americans with Disabilities Act has no federal enforcement mechanism.
To get the ADA enforced requires a lawsuit. Is a lawsuit over inaccessible toilet paper a frivolous one? Is a lawsuit over an inch -- or two -- a frivolous one?
Along California's central cost, a few disabled people, filing many lawsuits, are loudly condemned in local newspapers and on TV. Ragged Edge editor Mary Johnson takes a look at what's behind the furor.
Read her story at
www.raggededgemagazine.com/focus/molski1104.html
Posted by Jim at 07:18 PM | Comments (1)
October 27, 2004
The Future of the ADA and the Employment of People with Disabilities
First Annual Tony Coelho Lecture in Disability Employment Law & Policy took place on Thursday, October 21, 2004 at New York Law School.
Hon. Steny Hoyer was the guest speaker. Congressman Hoyer is the Democratic Whip of the U.S. House of Representatives. He helped guide the Americans with Disabilities Act to passage in 1990.
A transcript and a video webcast of Congressman Steny Hoyer's address are now available on New York Law School's web site at www.nyls.edu/pages/2786.asp.
Posted by Nancy at 12:10 PM | Comments (1)