American Disabilities Act Essay Research Paper Equal

American Disabilities Act Essay, Research Paper

Equal Opportunities

In 1990 the United States Congress passed the Americans With Disabilities Act. This act, frequently referred to as the ADA, was intended to protect disabled Americans from discrimination and to remove the social and architectural barriers that prevent the disabled from participating in mainstream society (Hoover 137). In the past eight years, the ADA has faced criticism based on complaints that the accommodations it requires businesses and local governments to make are too expensive and difficult (Doherty 49). The accommodations required by the ADA do not unfairly burden businesses or local governments and they are an important part of creating equal opportunities for the disabled. Even though the ADA does require businesses to make accommodations using their own financial resources, most of these accommodations are easy and inexpensive (Baldwin 50). The ADA requires reasonable accommodations that do not cause undue hardship on the part of businesses (Baldwin 48). The ADA is essential in enabling the disabled community to have equal access to employment opportunities and to public facilities. The ADA gives the disabled protection against discrimination and creates opportunities for them to lead productive lives in the workplace and in the general public. The accommodations required by the ADA are not unreasonable, nor are they a form of charity. They are an effective way to protect and ensure the rights of this nation s largest minority, the disabled population (Hoover 137).

Some of the accommodations that the ADA requires are structural. For example, new public buildings are required to have bathrooms with handicapped access. Ramps must be provided that can accommodate wheelchairs, and doorways must be wide enough for wheelchairs to pass through. Also, all new buses and trains must be equipped to accommodate the handicapped (Hoover 340). The ADA also requires accommodations in the workplace. Though some of these are structural, many of them deal with changing work tasks and providing special equipment. The ADA prohibits employers from discriminating against disabled job applicants who are otherwise qualified (Baldwin 48). In April of 1997, the Equal Employment Opportunity Commission issued guidelines to aid employers in making the appropriate accommodations for mentally and emotionally disabled employees. These accommodations include adjustments in work schedules, changing the duties of a worker, and providing special training (Pope 340).

Complaints about the ADA include expense to public organizations. They claim that local governments spend a large amount of money without any real benefit (Hudgins 40). The ADA provides the disabled with the right to full access to all public programs (Reno and Thornburgh 24). Challengers of the act express concern that organizations such as public libraries will have to install expensive elevators so that the disabled have full access to the books on the second floor. However, Reno and Thornburgh contend that these complaints are invalid since that ADA does not require access to the full building, just the services it provides. Therefore, the library need not install elevators as long as the librarians are there to retrieve books for the disabled who can not reach them. She states that many of the complaints over the ADA come from a misunderstanding of the law and that the Department of Justice is focusing on providing assistance and information to help organizations to comply with the ADA (Reno 23).

Private industries also are concerned about the cost of complying with the ADA. In one instance a restaurant owner complained that he was forced to build a wheelchair accessible ramp to a platform in the dining room. Besides the cost of the actual ramp construction, he claimed that the ramp occupied enough space for three more tables in his usually full restaurant (Doherty 48). Other expensive accommodations include flashing fire alarms for the deaf and Braille signs to accommodate the blind (Doherty 48). However, what many critics ignore is that the ADA requires businesses to remove architectural barriers only when it can be done with out too much expense or difficulty. The determination of the extent of accommodations that can be made within reasonable limits comes from the Department of Justice. The Department of Justice does not expect these changes to be made overnight. Reno and Thornburgh claim that the DOJ is willing to work with organizations to encourage voluntary compliance (Reno and Thornburgh 24).

The cost of accommodating a disabled employee is also expensive according to the ADA s critics. Some businesses complain that they can not effectively hire reliable workers if they are forced not to discriminate against disabilities such as mental illness. They complain that they should not have to accommodate an employee who misses workdays due to depression or stress, nor should they have to deal with an employee who is drowsy and unproductive in the morning due to antidepressant medication (Pope 341). Yet many of these complaints are based on ignorance regarding mental illness. Many people who suffer from mental illnesses can lead very productive lives, especially with the help of proper medication. Discrimination based on such disabilities should not deny a person with a mental illness equal opportunities at success. A study by