“A sensitive look at the social and political barriers that deny disabled people their most basic civil rights.”—The Washington Post “The primer for a revolution.”—The Chicago Tribune “Nondisabled Americans do not understand disabled ones. This book attempts to explain, to nondisabled people as well as to many disabled ones, how the world and self-perceptions of disabled people are changing. It looks at the rise of what is called the disability rights movement—the new thinking by disabled people that there is no pity or tragedy in disability and that it is society’s myths, fears, and stereotypes that most make being disabled difficult.”—from the Introduction
This casebook examines the development of disability rights law and policy in the United States and abroad and can be used as either a law or graduate school teaching tool. It gives a complete and current treatment of the Americans with Disabilities Act and the recently passed ADA Amendments Act, including the background of the statute's passage, definition of disability, discrimination in employment, public services, and public accommodations. It also gives in-depth coverage of other important federal disability discrimination statutes like the Individuals with Disabilities Education Act, Rehabilitation Act, and Fair Housing Amendments Act. This book is unique in that it offers extensive coverage of the rapidly developing area of international disability law, through discussion of the new UN Convention on Rights of Persons with Disabilities and related developments. The authors also discuss state-level disability discrimination law, as well as current policy issues involving taxation, health policy, and technology.
The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
This report is based on the public hearing on the Americans with Disabilities Act which the U.S. Commission on Civil Rights held on November 12-13, 1998 to "investigate how the ADA was accomplishing its objectives of ensuring equality, independence, and freedom for people with disabilities"--P iii
Spread out over many years and many different publications, the late author and activist Marta Russell wrote a number of groundbreaking and insightful essays on the nature of disability and oppression under capitalism. In this volume, Russell’s various essays are brought together in one place in order to provide a useful and expansive resource to those interested in better understanding the ways in which the modern phenomenon of disability is shaped by capitalist economic and social relations. The essays range in analysis from the theoretical to the topical, including but not limited to: the emergence of disability as a “human category” rooted in the rise of industrial capitalism and the transformation of the conditions of work, family, and society corresponding thereto; a critique of the shortcomings of a purely “civil rights approach” to addressing the persistence of disability oppression in the economic sphere, with a particular focus on the legacy of the Americans with Disabilities Act of 1990; an examination of the changing position of disabled people within the overall system of capitalist production utilizing the Marxist economic concepts of the reserve army of the unemployed, the labor theory of value, and the exploitation of wage-labor; the effects of neoliberal capitalist policies on the living conditions and social position of disabled people as it pertains to welfare, income assistance, health care, and other social security programs; imperialism and war as a factor in the further oppression and immiseration of disabled people within the United States and globally; and the need to build unity against the divisive tendencies which hide the common economic interest shared between disabled people and the often highly-exploited direct care workers who provide services to the former.
An approachable guide to being a thoughtful, informed ally to disabled people, with actionable steps for what to say and do (and what not to do) and how you can help make the world a more inclusive place ONE OF THE BEST BOOKS OF THE YEAR: NPR, Booklist • “A candid, accessible cheat sheet for anyone who wants to thoughtfully join the conversation . . . Emily makes the intimidating approachable and the complicated clear.”—Rebekah Taussig, author of Sitting Pretty: The View from My Ordinary, Resilient, Disabled Body People with disabilities are the world’s largest minority, an estimated 15 percent of the global population. But many of us—disabled and nondisabled alike—don’t know how to act, what to say, or how to be an ally to the disability community. Demystifying Disability is a friendly handbook on the important disability issues you need to know about, including: • How to appropriately think, talk, and ask about disability • Recognizing and avoiding ableism (discrimination toward disabled people) • Practicing good disability etiquette • Ensuring accessibility becomes your standard practice, from everyday communication to planning special events • Appreciating disability history and identity • Identifying and speaking up about disability stereotypes in media Authored by celebrated disability rights advocate, speaker, and writer Emily Ladau, this practical, intersectional guide offers all readers a welcoming place to understand disability as part of the human experience. Praise for Demystifying Disability “Whether you have a disability, or you are non-disabled, Demystifying Disability is a MUST READ. Emily Ladau is a wise spirit who thinks deeply and writes exquisitely.”—Judy Heumann, international disability rights advocate and author of Being Heumann “Emily Ladau has done her homework, and Demystifying Disability is her candid, accessible cheat sheet for anyone who wants to thoughtfully join the conversation. A teacher who makes you forget you’re learning, Emily makes the intimidating approachable and the complicated clear. This book is a generous and needed gift.”—Rebekah Taussig, author of Sitting Pretty: The View from My Ordinary Resilient Disabled Body
