Human Diversity and Human Rights Disability Studies

10 Disability and U.S. Politics

Board of Nassau County v. Arline, 480 U.S. 723 (1987). The next section will discuss how these precursors, in turn, laid the foundation for the first incar­ nation of the ADA in 1990. The role of the courts, particularly the U.S. Supreme Court, is further emphasized in the following section, which explores how ADA case history sparked the ADA Amendments Act (AD AAA) of 2008. Then, the chapter will highlight major changes to the federal policy on disability rights. Finally, it concludes with a discussion of how­ despite significant changes from the ADA to the ADAAA-the social con­ struction of a disability as a stigma that distinguishes the disabled and the nondisabled remains a necessary element of proving discrimination on the basis of disability

Overview of the ADA

The ADA is a comprehensive federal law that broadly prohibits discrimi­ nation and ensures equal opportunity for persons with disabilities in employment (Title I), public (state and local government) services (Title II), public accommodations and services operated by private entities (Title III), telecommunications (Title IV), and transportation (Titles II and III). Vari­ ous federal agencies, from the Department of Justice (DOJ) Civil Rights Division to the Equal Employment Opportunity Commission (EEOC) to the Department of Transportation, enact regulations to implement the ADA. Together, they provide clear, consistent, and enforceable standards to address discrimination on the basis of disability

The current ADA is the second reincarnation of the law. The original was passed by Congress and signed by President George H.W Bush in 1990. As the following sections will discuss, that version faced challenges, as relevant court decisions, especially at the U.S. Supreme Court level, seemed to con­ flict with the purported original intent of the ADA. After the ADA of 1990 passed, the courts initially interpreted the definition of disability broadly However, a series of judicial decisions began to adopt more restrictive views of disability, particularly in the role of mitigation measures and what it meant to be "regarded as" disabled. Thus, the fight to restore the legisla­ tive intent began, and in 2008 the ADAAA was signed into law. In order to appreciate the complexities of the story, a brief history of what preceded the ADA in terms of disability rights law in the United States is informative.

History: Precursors to the ADA

In the mid-20th century, the first disability rights law was passed to prohibit discrimination "in any case because of any physical handicap, in