ADA

generel ADA timeline

-pre ADA: rehabilitation act

-ADA passed 1990

-Supreme Course Olmstead: individuals w/ disabilities have same rights, can’t be held agains their will

-ADA Amendments: 2008

*video 30 year celebration: took longer to get rights and still ways to go; long history of discrimination

who does the ADA cover?

anyone with a physical or mental impairment that would substantially impact their life

-Has a physical or mental impairment that substantially limits one or more major life activities

-Has a history or record of a physical or mental impairment that substantially limited one or more major life activities

-Is regarded as having an impairment

-Has temporary impairment status that alters major life activities (*ex=tore ACL and need more time to get to class)

ADA Amendments Act of 2008

-broadens definition of disability; disability is any impairment that is episodic or in remission that substantialy limits major life activity

-prohibiting consideration of “mitigating measures”=anything that improves a person’s disability (ex those covered under ADA=diabetes and insulin, person w/ prosthetic, medications)

• exception=eye classes

major life activities vs major bodily functions (definitions)

-Major life activities=ADL; Those functions that are important to most people’s daily lives

• include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working

-Major Bodily functions: include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

Regarded as

not a disability but others would think so bc of their physical appearance; things visibly see and have stigma

-Has an impairment that does not substantially limit a major life activity

-Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them

-Does not have any impairment but is treated by an entity as having an impairment.

*does NOT include obesity

Record of

-history of a disability

upstrea/downsream framework

social inequities <-> institutional inequities → living conditions → risk behaviors → disease and injury → mortality

structural ableism + where does ADA fall in framework?

-=any “ism”

-all upstream!

what systemic levels does the ADA effect

-ADA attempts to address ALL levels

-effects policy level directly

ADA 5 Titles

-Title I: Employment

-Title II: State and Local Governments

-Title III: Public Accommodations and Commercial Facilities

-Title IV: Telecommunications for the Deaf

-Title V: Miscellaneous Provisions

ADA Title I

employment

-living conditions: economic and work envionrment

-Employers with 15+ employees

-Includes employment agencies and labor unions

-Prohibits discrimination of a "qualified person with a disability", one able to perform the essential job functions with or without a reasonable accommodation

-Employers cannot ask about existence, nature, severity of a disability

-Can ask about ability to perform specific job functions

-also effects how do interviews, recruiting, etc. (ex: can’t ask or disclose if have disability)

Examples

-Modified work schedules (part time schedule, allowing extended time between patients)

-Providing qualified readers or interpreters

-Making facilities physically accessible (doors, bathrooms, access to another area)

-Modification or acquisition of equipment

True or False

-The ADA forces employers to hire unqualified individuals with disabilities

-Under the ADA, employers must give people with disabilities special privileges, known as accommodations.

-Under the ADA, an employer cannot fire an employee who has a disability

all False!

-#2: no to special previledges, yes to accommodations

How does an employer know if an accommodation is needed?

employee has to speak up!

-Responsibility of the applicant or employee to request an accommodation

-Employer may then ask person for suggestions, or research options

-"Reasonable Accommodation" cost average is under $500 and not required if it would result in undue financial burden

-No pre-employment medical tests or inquiries

-Post-employment medical exams only if done for all

-Cannot pose a direct threat to workplace health or safety

who enforces the ADA?

Equal Employment Opportunity Commission (EEOC)

*timeline to file…

-Individuals who believe they have been discriminated against must file with the EEOC within 180 days from the incident

-In cases where state or local law provides relief for discrimination cases must be filed within 300 days from incident

ADA Title II

State and Local Government

-Institution inequities + Living Conditions

-facilities need to be accessible

ADA Title III

Public Accommodations and Commercial Facilities

-Institutional Inequities + Living Conditions

-Private business, health care facilities

ADA Title II and III

-Applies to state and local health care entities, private sector health care, and service providers.

-The ADA covers any communication that takes place throughout a health care providers’ interactions with a patient and their companion

-The communication must be effective (*healthcare providers!)

-ADA’s effective communication requirement states

misconceptions about Title I-III implementation

-family can’t translate for you, need an interpreter

ADA Title IV

Telecommunications for the Deaf

-Institutional inequities + living conditions

-closed captions on TV

Peerson First Language (PFL)

-use phrases such as “a person who has” instead of “disabeled perosn”

Exceptions

-Visual: Visually impaired, preferred over blind, people who are blind

-Hearing: Deaf, Hard of Hearing preferred over "person with a hearing loss"

-Autism: autistic individual, autistic

-“Disabled people” is an example of identity-first language (in contrast to people-first language). It is the preferred terminology in Great Britain and by a growing number of U.S. disability activists

-Use PFL unless asked to do otherwise