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Thanks to the ADA, We’ve Come A Long Way,
but the Journey Continues
By Rick Fitzgerald
Every July 4th, Americans celebrate the
birth of their nation, the sacrifices made by the Founding Fathers and the
courage of the Continental Army, which helped free the colonists from British
rule. When Thomas Jefferson declared that all men were created equal and had
the right to pursue life, liberty and happiness in 1776, he paved the way for
the freedoms we enjoy today. But equality and freedom haven’t always been
extended to every member of our society. For many years, millions of citizens
were denied some of most basic rights won at the end of the Revolutionary War
and spelled out in the U.S. Constitution.
 On July 26, 2006, people throughout the nation
will celebrate the 16th anniversary of the signing of the Americans
with Disabilities Act. The purpose of this legislation was to establish a clear
and comprehensive prohibition of discrimination on the basis of disability.
Some of its main themes focused on establishing equality for everyone in terms
of employment, transportation and public accommodations. The passage of this
law in 1990 has given the disabled community the chance to become a much bigger
part of society as a whole. All workplaces must now make reasonable
accommodations for any current or potential employee with a disability. Because
transportation and public buildings must be available to everyone, people with
disabilities now can leave their homes to go to work, school, shopping or
wherever is necessary to improve their lives.
But the benefits the ADA provides aren’t
limited to people with disabilities. One of the reasons the law is so important
is that it does away with architectural barriers such as curbs and stairs. Now
everyone can use the newly created curb cuts and ramps. In addition, people
with hearing impairments who often found it hard to enjoy watching television
with others now can do so, thanks to closed captioning.
Now that more people
with disabilities are able to leave their homes and be more social, they
realize how expensive things have become. One sure way to afford a night out is
to be employed. A job not only increases one’s self-esteem, but it reduces
the need for outside support. To a newly employed worker, knowing that he has
made a positive contribution to society produces a great feeling of
accomplishment.
But there are some sobering statistics: The unemployment rate for
people with disabilities is the highest of any group in America. According to a
2005 U.S. Census Bureau report, roughly 70% of those eligible for work with a
significant disability aren’t working. In addition, a Harris survey
commissioned in 2004 by the National Organization on Disability found that only
35% of people with disabilities were employed full or part time, compared with
78% of the non-disabled population.
Because the percentage of employed members of the
disabled community is so low, a combination of state and federal funds pays for
a program called Supported Employment, which has both "job coaches" and "job
developers" who help ensure that workers with disabilities keep their status.
VARISE, the independent living center in Syracuse, N.Y., employs eight such
coaches.
Elaine Fellows of ARISE has been assisting her clients attain the
skills needed to retain their jobs. Her duties include showing them the best
way to do their job, stressing the importance of punctuality, and explaining
how to get to a job using public transportation. Through her regular visits to
job sites, Fellows makes sure that her consumers have whatever they need to do
the job to the best of their abilities. "Thanks to the ADA, people with
disabilities can earn a living," Fellows said. "In my six years as a job coach,
I’ve helped many people make a difference in both their lives and the
lives of others."
ARISE also employs job developers who assist consumers in
all aspects of the job-search process. Since 1999, Chris Kennedy has been
helping people prepare resumes, sharpen interviewing skills, and comb the
classifieds to find the right job. The ADA, he said, "gives plenty of people
the opportunity to be considered for positions thanks to reasonable
accommodations that they might not otherwise be considered for."
The Americans with
Disabilities Act also ensures that everyone has the opportunity to safely use
public transportation. Despite recent problems at airports, air travel now is
easier for passengers with special needs. The ADA, however, does not extend to
aircraft covered under the Air Carriers Access Act. The latter states that an
airline may exclude anyone from their planes if carrying the person would
threaten the safety of the flight. Airlines may not require advanced notice of
passengers with disabilities but may seek up to 48 hours notice for special
circumstances, such as the need for a respirator or transportation of an
electric wheelchair if the plane has 60 or fewer seats. Airlines may not limit
the number of certain passengers on a given flight, but they may require an
attendant to fly with a passenger even if the latter doesn’t believe one
is necessary. If so, the attendant would fly at no cost.
Planes ordered before
April 5, 1990, or delivered after April 5, 1992, are considered new and must
have removable armrests on 50% of the aisle seats and accessible lavatories.
New planes with 100 or more seats must have space to store folding wheelchairs
in the cabin.
Commuter trains must have at least one accessible passenger car available. If a
bus isn’t accessible, suitable paratransit (accessible transportation
services, such as specially equipped vehicles) must be provided in a reasonable
amount of time. This applies to private transportation as well.
The ADA has done a lot
to improve the lives of people with disabilities. But it is obvious that there
is room for much more to be accomplished.
*****
Rick Fitzgerald is a free-lance writer from ARISE
in Syracuse, N.Y.
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