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ClasssectionADA.pptGS 420: Disability & Society: 9/13
Class session 3
- Assignment #1 due 9/20 by 11:59 p.m.
Be sure to self-score your rubric cover sheet, complete student profile, and include your picture along with your biography.
- Assignment #2 due Sunday, 10/8:
History of Dis/Ability
- What are your plans for community service?
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Why Community Service is important….
“The best way to find yourself
is to lose yourself
in the service of others.”
Mahatma Gandhi
Community Service: Check Blackboard for more info!
- Opportunities added weekly…
Go to Assignment #6: Community service link
- Therapeutic Recreation Services (TRS) : Check September events on blackboard
- Join Student Disability Services Student Advisory Board (First meeting on September 15)
- ASL Club
- Aztec Adaptive sports!
Community Service posted on Blackboard
- Special Olympics
- SDSU Adaptive Fitness Clinic
- Challenged Athlete Foundation (Nico Marcolongo)
- Jesse Billauer: Life Rolls On
- IDEAL and Isidore Niyangabo (10/4)
Assignment #1: All About Me
- Due Wednesday 9/20
- RED ID and/or Student number on the Rubric
- Complete Rubric, Student Profile, Your story and a photo or picture that represents you!
- Upload on blackboard for assignment #1
Upcoming Assignments
- Be sure to read the directions for the upcoming assignments:
- Assignment 2: Due 10/8
- Assignment 3: Due 10/15
- Assignment 4: Due 10/29
- Assignment 5: Due 11/19
Assignment #2: History of
Dis/Ability
- Read the directions for Assignment 2 on blackboard
- Choose one of the “Parallels in Time” website and review the sections listed
- A minimum 500 word summary is required for at least 3 or more of the sections – (ONE SUMMARY that includes the 3 sections)
- An additional one page personal reaction to the information
- Two questions you ask about the information read
- How does this information relate to our course?
Assignment 2
- Self score the cover sheet (rubric)
- Upload on blackboard – due on 10/8, at 11:59 p.m. LATE papers will lose points.
- Use person-first language in your write up, even though the information in PIT does not do so…
- Or, use quotation marks for labels and terms that are not current and correct…..
Lives Worth Living
- Response prompt following the Video
- You can use this video for your project assignment #4 (see project options)
- No talking during the video! Open computer screens and phones make it difficult for students to view the film.
- Be respectful!!!!
A global perspective of the disability experience…..
http://www.ilo.org/public/english/disability/countusin/main.html
Legislation for Diversity
“The great law of culture is: Let each become all that he was created capable of being; expand, if possible, to his full growth; resisting all impediments. . . and show himself at length in his own shape and stature, be these what they may.”
Thomas Carlyle, scholar
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Legislation
Interest in promoting the rights
of all people in general
leads to attention to the rights of specific groups
- 1930’s - labor movements - improved quality of working environment of children
- 1950’s & 1960’s - Civil Rights -social changes needed for African Americans
- Civil rights movement expanded to guarantee rights to all
- Legislation protects civil rights through enforcement and provision of services
Laws of Human Diversity.
- Age: Older Americans Act of 1965; Age Discrimination in Employment Act of 1978
- Communication: Bill of Rights, Article 1; Equal Educational Opportunities Act of 1974
- Culture: Universal Declaration of Human Rights
- Gender: Title VII of 1964 Civil Rights Act
- Race, Color, Ethnicity: Title VII of 1964 Civil Rights Act
- Socioeconomic: Equal Protection Clause of 14th amendment; Federal Social Security; Commodities Distribution Act; Food Stamp Act of 1904; Job Training and Partnership Act of 1982
- Religion: Title VII of 1964 Bill of Rights
- Websites:
The Human Rights Campaign
Women’s Suffrage
Hate Crimes
Disability LAWS
- Rehabilitation Act of 1973: barrier-free environment
- Americans with Disabilities Act (ADA) of 1990: “Civil Rights Bill”
- Air Carrier Access Act: prevents discrimination in air transportation
- Civil Rights of Institutionalized Persons Act: investigation of conditions in institutions
- Architectural Barriers Act: physical accessibility
- Education: Individuals with Disabilities Education Act (IDEA) - special education
Vocational Rehabilitation Act of 1973
Section 504 (P.L. 93-112)
“Barrier-Free Environment”
Regulations requiring accessibility not only to jobs, education, and housing, but to virtually all public facilities
“Wheelchair Law”
Vocational Rehabilitation
Act of 1973
Section 504 - (P.L. 93-112)
- No otherwise qualified handicapped individual in the United States. . . shall, solely by reason of . . . handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Vocational Rehabilitation
Act of 1973
Section 504
- “Pre-Civil” Rights Bill for Persons with Disabilities
- Intent was for a “Barrier-Free Environment,” and vocational opportunities
- Contains regulations requiring accessibility not only to jobs, education, and housing, but to virtually all public facilities
- “Wheelchair Law”
Vocational Rehabilitation
Act of 1973
Section 504
- Who is “handicapped?” Anyone with a physical or mental impairment that substantially impairs or restricts one or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Vocational Rehabilitation
Act of 1973
Section 504
- Terms used in the law:
- “physical or mental impairment” - physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems
Vocational Rehabilitation
Act of 1973
Section 504
- “mental or physiological disorder” - speech, hearing, visual and orthopedic impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, diabetes, heart disease, mental retardation, organic brain syndrome, emotional or mental illness (including addiction to alcohol or drugs**), and specific learning disabilities.
Vocational Rehabilitation
Act of 1973
Section 504
- “major life activities” - functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
- “has a record of such impairment” - has a history of or has been classified as having a mental or physical impairment that substantially limits one or more major life activities
Vocational Rehabilitation
Act of 1973
Section 504
- “is regarded as having an impairment” - 1) having a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient of federal funds as constituting such a limitation and 2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment or 3) has none of the impairments listed above but is treated by a recipient of federal funds as having such an impairment.
Vocational Rehabilitation
Act of 1973
Section 504
- Federally assisted programs:
- Employers of 15 or more persons
- Two standards in determining accessibility of buildings: Existing facilities as of June 3, 1977 were given some time consideration in remodeling for accommodation. Those buildings constructed after June 3, 1977 were expected to meet the new building code standards.
Vocational Rehabilitation
Act of 1973
Section 504
- ** Although alcoholism and drug addiction are handicapping conditions, the 1978 amendments to the Rehabilitation Act of 1973 (PL 95-602) clarified the status of alcohol and drug abusers as they relate to employment by stating that the term handicapped “does not include any individual who is an alcoholic or drug abuser and whose current use of alcohol or drugs prevents such individual from performing the duties of the job in questions, or whose employment by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.”
Americans with Disabilities Act (ADA)
P.L.101-336
1. The Purpose of ADA and why it is needed:
- Signed into law July 26, 1990, bans discrimination
- Civil Rights Act of 1964 does not cover disabilities
ADA, cont.
2. How is disability defined by the ADA?
- physical or mental impairment that substantially limits one or more of the major life activities (Sec.504 - Rehab Act)
What Does ADA Cover?
Title 1: Employment
- Employers with 15 or more employees must comply (no discrimination)
- Employers can ask about ability, but not about disability
- Employers must provide reasonable accommodations
Title II: Public Services and Accommodations- State & Local Governments
- All government facilities, services, and communications must be accessible and in compliance
- State and local agencies can not discriminate
- Public transit buses, rail cars, bus, and train stations must be accessible
Title III: Public Services - Private Entities
- Restaurants, hotels, and retail stores may not discriminate
- Physical barriers must be removed
- All new construction must be accessible
- Auxiliary aids and services must be available to ensure effective communication
Title IV: Telecommunications
- Companies offering telephone service to general public must offer telephone relay services to allow communications access for people with speech and hearing impairments who cannot use telephone
Title V: Miscellaneous Provisions
- Basically provides that nothing in ADA will be of a lessor standard than is required under Rehab Act of 1973
- Protects individuals from retaliation for exposing noncompliance or for refusing to engage in activities that are out of compliance
ADA Video Response
Ten Small Business Mistakes
- Write down two – three “mistakes” that are presented on the video. Respond to ADA’s requirements to these “mistakes”
- http://www.ada.gov/videogallery.htm
Use quick time: High Speed Internet/Open Caption
Highly recommend this site for other video examples!
“Myths” Listed on
ADA video site
It is just too much trouble!
I have to hire unqualified workers.
No one with a disability can do this job.
Once I hire them I can’t fire them.
My other employees will be upset if people with disabilities get special treatment.
People with disabilities are unreliable.
My insurance costs would go through the roof.
I don’t want to say anything wrong in an interview.
People with disabilities make my customers uncomfortable.
The accommodations that they would need would bankrupt me.
Myths and Facts
Myths are roadblocks that interfere with the ability of persons with disabilities to have equality in employment. These roadblocks usually result from a lack of experience and interaction with persons with disabilities. This lack of familiarity has nourished negative attitudes concerning employment of persons with disabilities.
Here are a few. . .
Something to think about. . .
- Myth: Hiring employees with disabilities increase workers compensation insurance rate.
- Fact: Insurance rates are based solely on the relative hazards of the operation and the organization’s accident experience, not on whether workers have disabilities.
- Myth: Employees with disabilities have a higher absentee rate than employees without disabilities.
- Fact: Studies by firms such as DuPont show that employees with disabilities are not absent any more than employees without disabilities.
- Myth: Persons with disabilities have problems getting to work.
- Fact: Persons with disabilities are capable of supplying their own transportation by choosing to walk, use a car pool, drive, take public transportation, or a cab.
- Myth: Persons with disabilities need to be protected from failing.
- Fact: Persons with disabilities have a right to participate in the full range of human experiences including success and failure. Employers should have the same expectations of, and work requirements for, all employees.
- Myth: Persons with disabilities are unable to meet performance standards, thus making them a bad employment risk.
- Fact: In 1990, DuPont conducted a survey of 811 employees with disabilities and found 90% rated average or better in job performance compared to 95% for employees without disabilities. In 1981 and 1973, similar studies were conducted and the percentage was higher for people with disabilities.
The big one. . .
- Myth: Considerable expense is necessary to accommodate workers with disabilities.
- Fact: Most workers with disabilities require no accommodations and the cost for those who do is minimal or much lower than many employers believe. Studies by JAN, show that 15% of accommodations cost nothing, 51% cost between $1 and $500, 12% cost between $501 and $1000, and 22% cost more than $1000.
Repeat:
- The cost to accommodate over 50% of people with disabilities who are employed is $600 or less!!!
- More good info: Resources in class on blackboard
- Myth: Persons with disabilities are inspirational, courageous, and brave for being able to overcome their disability.
- Fact: Persons with disabilities are simply carrying on normal activities of living when they drive to work, go grocery shopping, pay their bills, or compete in athletic events.
Summary
- Continued efforts needed to secure full participation in society for all people
- New sources of concern: HIV/AIDS, other contagious diseases, drug abuse, increasing social violence, technology, on-going preservation of human rights
Other info on ADA
Latest supreme court rulings affecting ADA litigation outcomes
- July 2017 marks the 27th anniversary of The ADA.
For further information
- Web info
Accessiblesociety.org
National Council on Disability (NCD) www.ncd.gov
Report “Promises to Keep” which criticizes federal agencies’ track record in enforcing ADA citing “agencies being ‘overly cautious’ in enforcing the law and ‘poor leadership’ has significantly weakened the law’s impact.
