Mrs. Wells and Buddy Wells Mod 26-28 I’m Just a Policy Mrs. Wells and Buddy Wells Mod 26-28

American’s with Disability’s Act (ADA)-1990 Nation’s 1st comprehensive civil rights legislation Related to Disabled Americans and protecting Access employment, public services, public accommodations, and telecommunications

What existed in the United States that prompted Congress to pass the ADA? Discrimination has existed in the US in regards to Equal Protections of liberties and rights. Many groups have had to fight for the application of this clause of the 14th amendment to them. Race Religion Gender Socio-Economic Status Age Individuals with a diverse array of disabilities have been just one other group that has fought for equality in the US. 14th amendment Equal Protection AND Due Process Clause Civil Rights Act of 1964 Rehabilitation Act of 1973

Background… the players of the Iron Triangle Interest Groups Disabilities Rights Education and Defense Fund (DREDF) National Council on Disability Congressional committees and Congressmen House - Education and Labor; Energy and Commerce; Public Works and Transportation; Judiciary Sponsor: Anthony Lee Coelho (D-CA) Senate-Committee on Labor and Human Resources Sponsor: Tom Harkin (D-IA) Bureaucratic Agencies Equal Employment Opportunity Commission (EEOC) Department of Transportation Department of Labor- Office of Disability Employment Policy (ODEP) Federal Communications Commission (FCC) Department of Education- Disability Discrimination and Civil Rights Department of Justice- Disability Rights

House: Education and Labor; Energy and Commerce; Public Works and Transportation; Judiciary Senate: Committee on Labor and Human Resources   American’s with Disabilities Act (ADA)Became Public Law No: 101-3360 (7/26/1990). Equal Employment Opportunity Commission (EEOC) Department of Transportation Department of Labor- Office of Disability Employment Policy (ODEP) Federal Communications Commission (FCC) Department of Education- Disability Discrimination and Civil Rights Department of Justice- Disability Rights Disability Rights Education and Defense Fund (DREDF) National Council on Disability US Chamber of Commerce National Federation of Independent businesses  

Interest Groups: Groups that lobbied for/against the creation of the ADA Supporters of ADA Disability Rights Education and Defense Fund (DREDF) https://dredf.org/news/publications/the-history-of- the-ada/ Actively lobbied, filed amicus curiae briefs, attended hearings for the introduction, formulation and implementation. https://dredf.org/2016/08/08/dredf-letter-opposing-hr-3765/ Continue to lobby congress over bills that positively or negatively impact ADA National Council on Disability- created as part of Department of Education to research impact of disability on equality of education NCD recommended enactment of an Americans with Disabilities Act, and then drafted the first version of the bill introduce in the House and Senate in 1988. http://www.ncd.gov/about Continue to provide an advisory support to President, Congress and other stakeholders Against ADA US Chamber of Commerce  https://www.uschamber.com/timeline/index.html https://www.uschamber.com/press-release/us- chamber-lauds-senate-action-americans-disabilities- act-ada Actively lobbied and still lobbies for Congress to be mindful of Business interests and effective implementation/transitions for business to comply with regulations National Federation of Independent Businesses Lobbied and still lobbies for Congress to be mindful of Small Business interests and effective implementation/transitions for business to comply with regulations Provides information to Congress on cost/benefits of policy http://www.nfib.com/Portals/0/PDF/AllUsers/ADApape r.pdf

Congressmen and Committees that created the ADA. Senate-Committee on Labor and Human Resources Sponsor: Tom Harkin (D-IA) House - Education and Labor; Energy and Commerce; Public Works and Transportation; Judiciary Sponsor: Anthony Lee Coelho (D-CA)

Bureaucratic Agencies that enforce the ADA Title I: Employment - Prohibits discrimination by a covered entity (any employer, employment agency, labor organization, or joint labor- management committee) against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. EEOC (Equal Employment Opportunity Commission) Title II: Public Services  Subtitle A: Prohibition Against Discrimination and Other Generally Applicable Provisions  Subtitle B: Actions Applicable to Public Transportation Provided by Public Entities considered Discriminatory - Part I: Public Transportation Other Than by Aircraft or Certain Rail Operations  Part II: Public Transportation by Intercity and Commuter Rail - Department of Transportation

Bureaucratic Agencies that enforce the ADA Title III: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Department of Labor Department of Transportation Department of Education Title IV: Telecommunications Federal Communications Commission

Bureaucratic Agencies that enforce the ADA Title V: Miscellaneous Provisions - Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal or State court for a violation of this Act. Department of Justice

What is the ADA? What does it specifically try to accomplish for the Disabled Americans of the US? Congress enacted five separate titles to prohibit the discrimination enumerated in the ADA’s findings Article I Article II Article III Article IV Article V https://www.congress.gov/bill/101st-congress/senate- bill/933?q=%7B%22search%22%3A%5B%22americans+with+disability %22%5D%7D&r=2

Current Implementation of ADA (changes from 1990) More defined examples of what is a disability More defined procedures for implementation of law More defined procedures for regulation of areas impacted by law

Resources https://www.eeoc.gov/eeoc/history/35th/1990s/ada.html https://www.ada.gov/ada_intro.htm https://www.opensecrets.org/news/2013/03/powerful-interests-oppose- strengthening-of-disabilities-law/ https://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990 http://www.usccr.gov/pubs/ada/ch1.htm https://www.dol.gov/general/topic/disability/ada https://www.dol.gov/odep/topics/disability.htm AND resources embedded in powerpoint

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