Rehabilitation Act of 1973 Americans with Disabilities Act

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Rehabilitation Act of 1973Americans with
Disabilities Act
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Rehabilitation Act

• Granted money
• to states and agencies to run rehabilitation
  programs to prepare people for work
• for research/demonstration programs
• to states and agencies for a variety of
  rehabilitation services
• for research related to the act
• Created a Bill of Rights

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Rehabilitation Act

• Most important provision - Section 504
• makes it illegal for any federal agency, public
  universityor any other institution or activity
  that receives federal funding to discriminate
  against anyone solely by reason of handicap.

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Section 504

• Dept. of HEW estimated compliance would cost
  billions - stalled distribution and
  implementation of final regulations
• Carters administration tried to rewrite them
• Numerous protests - marches, sit ins
• April 28, 1977 - Finally signed the regulations,
  without changes
• Many believe that implementation costs were
  overestimated

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Section 504

• Is a civil rights law - purpose is to protect
  individuals with disabilities from discrimination
  for reasons related to their disabilities
• Who is protected?
• Impact on schools - compared to IDEA

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Americans with Disabilities Act

• Employment -
• Employers with 15 or more employees may not
  discriminate against qualified individuals with
  disabilities
• Employers must provide reasonable accommodations
  for qualified applicants or employees unless
  undue hardship would result

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Americans with Disabilities Act

• Public Services
• State and local governments may not discriminate
• Newly constructed state and local government
  buildings must be accessible
• Alterations to existing state and local buildings
  must be accessible

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Americans with Disabilities Act

• Public Accommodations
• Places of public accommodation may not
  discriminate on the basis of disability
• Physical barriers in existing public
  accommodations must be removed if readily
  achievable
• New construction must be accessible

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Americans with Disabilities Act

• Telecommunications
• Telephone companies must provide
  telecommunications relay services for hearing
  impaired and speech impaired individuals 24 hours
  per day

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Definition of disability

• Persons who have physical or mental impairments
  that substantially limit one or more major life
  activities
• Persons who have record of such impairments
• Persons who are regarded as having such
  impairments

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ADA

• First step - determining whether a physical or
  mental impairment exists
• Will be considered a disability only if it
  substantially limits one or more major life
  activities
• What are major life activities?

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ADA

• Disability is determined by the effect of the
  impairment on the life of the individual rather
  than the type of disability
• When is someone substantially limited?

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Reasonable accommodations

• Determine essential functions of the job - can
  the individual with a disability perform these
  functions either with our without a reasonable
  accommodation
• Employers must modify - so long as the change is
  reasonable
• Covers interviewing process, work environment,
  and job itself

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Examples of reasonable accommodations

• Making facilities accessible
• Modified work schedules
• Acquire or modify equipment
• Provide interpreters
• Allow use of accrued paid leave or provisions of
  additional unpaid leave for treatment

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Ending prejudice and discrimination

• Can these laws (Section 504, ADA, and IDEA) end
  prejudice and discrimination against individuals
  with disabilities?
• Why or why not?
• If not, what else can be done?