American with Disabilities Act (ADA)

By: Vang MaiYee Moua, Emanuel Villarreal, Olivia Mihos, Mecitli Ortiz, and Jessica Thao p.4

Major Provisions of the ADA

• Title I (Employment)
• Accessibility to the same EMPLOYMENT opportunities/benefits available to those without disabilities
• Title II (State and Local Government)
• Prohibits discrimination against qualified individuals with disabilities in ALL PROGRAMS
• Title III (Public Accomodations)
• Prohibits private places of public accommodations from discriminating
• Title IV (Telecommunications)
• Telephone and internet companies must relay services for those with disabilities
• Title V (Miscellaneous Provisions)
• Provisions relating to ADA as a whole

​

​

​

​

Rationale Behind the ADA

​

RATIONALE: People with disabilities and the parents of children with disabilities protested against discrimination and injustice towards those with disabilities

• For equal opportunities and rights
• Compared with racial minority and women

​

Main Arguments of Proponents for the Legislation

• Those with disabilities lacked accessibility to daily goods/services
• Several states had laws preventing certain rights for those with disabilities
• Medical treatment/attention for those with disabilities were insufficient

Main Arguments of Opponents Against the Legislation

• Businesses ultimately end up spending more money to accommodate for integrations for those with disabilities
• Businesses avoid employing those with disabilities
• Attempts to fix morals in society are beyond the government’s reach
• Discrimination against the disabled is entirely different from discrimination based on sex, religion, or race

Employment rates before and after the ADA was passed

Controversy Involving the ADA

• There was no controversy regarding the ADA, it was passed easily
• Senate signed the proposed bill with an overwhelming result (76-8)
• Was supported by President H.W. Bush

President H.W. Bush signs the ADA on July 26th, 1990

Issues of Federalism

• not above state or local laws
• the 11th amendment does not protect states from lawsuits regarding ADA
• Example of federal law extending civil rights

Major Think Tanks

Liberal (Brookings Institution):

• Supportive
• Celebratory of ADA accomplishments
• “it is easy to see the impact that this groundbreaking law continues to have on American society as a whole. The ADA prohibits discrimination and ensures equal opportunity”

​

Think Tanks ctd.

Libertarian (The Cato Institute):

• Very opposed!
• Lists shortcomings of ADA
• “the ADA imposes significant costs on American business firms and governmental entities. The act fails to balance those costs with the benefits derived from its regulatory mandates”

​

Think Tanks ctd.

Conservative :

• Likely opposed
• [Discussing the passing of the act] “there was plenty of opposition from conservative extremists who back then did not control the entire party apparatus” (Esquire)
• “Republicans tend to oppose federal regulation on the grounds that regulation imposes heavy burdens on businesses. In 1990, opponents to the ADA, such as they were, made precisely this argument” (New Republic)
• In 2012, conservatives downvoted an expansion of the ADA model

​

​

https://newrepublic.com/article/122380/would-republicans-support-americans-disabilities-act-today

​

State and Federal Government Issues with ADA

• In 2004, the National Council of Disability recommended changes to Congress on the ADA
• Congress limited the reach of the act
• Congress needed to fix their definition of what “disabled” meant
• Created the 2008 ADA Amendments Act

Effectiveness of the Act

• The ADA was originally signed in 1990, the employment rate of disabled citizens is still very low compared to the rate of non-disabled.
• Citizens with disabilities tend to earn 35 % less than their non-disabled counterparts in 2014
• In 2019’s report, between 2017-18 there 454,804 jobs* were added

​

How well did the bill do?

(grade A-F)

• The Americans with Disabilities Act Purpose was to guarantee the same opportunities and equal rights as everyone else, and remains one of the most widely supported acts passed by Congress. The ADA did a great job by providing Civil rights protection to those with disabilities. This Act improves those with disabilities daily life by providing accessible transportation, bathrooms, grocery stores and overall ameliorating living standards for those with disabilities. This Act rightfully deserves an A.

​

Works Cited

Beutler, Brian. “Would Republicans Support the Americans with Disabilities Act Today?” The New Republic, 27 July 2015, newrepublic.com/article/122380/would-republicans-support-americans-disabilities-act-today.

Brotman, Stuart N. “Disability Rights Must Evolve with Dynamic Communications Technology.” Brookings, Brookings, 29 July 2016, www.brookings.edu/blog/techtank/2015/09/28/disability-rights-must-evolve-with-dynamic-communications-technology/.

Jr., Robert L. Burgdorf. “Why I Wrote the Americans with Disabilities Act.” The Washington Post, WP Company, 1 Mar. 2019, www.washingtonpost.com/posteverything/wp/2015/07/24/why-the-americans-with-disabilities-act-mattered/.

Mayerson, Arlene B. “The History of ADA.” Disability Rights Education & Defense Fund, Disability Rights Education and Defense Fund, 24 Oct. 2019, dredf.org/about-us/publications/the-history-of-the-ada/.

​

Works Cited ctd.

O'Quinn, Robert P. “The Americans with Disabilities Act: Time for Amendments.” Cato Institute, 14 Dec. 2012, www.cato.org/publications/policy-analysis/americans-disabilities-act-time-amendments.

Pierce, Charles P. “This Republican Scheme Is So Cynical It Takes My Breath Away.” Esquire, Esquire, 23 Aug. 2018, www.esquire.com/news-politics/a22809031/americans-with-disabilities-act-voter-suppression/.

Progress, Work in, et al. “George Bush and the Americans with Disabilities Act.” Social Welfare History Project, 8 Aug. 2018, socialwelfare.library.vcu.edu/issues/disability/george-bush-and-the-americans-with-disabilities-act/.

“Americans with Disabilities Act of 1990.” Americans with Disabilities Act of 1990 - Federalism in America, encyclopedia.federalism.org/index.php/Americans_with_Disabilities_Act_of_1990.

“What Is the Americans with Disabilities Act (ADA)?” ADA National Network, 22 Jan. 2020, adata.org/learn-about-ada.