UW Madison disability resources training module one disability law policy and the Civil Rights Movement the struggle for civil rights for people with disabilities is deeply intertwined with the Civil Rights movements for other disenfranchised communities including people of color and women many of the earliest civil rights laws governing citizenship and basic human rights are applicable in the struggle of people with disabilities to enjoy an equal opportunity to fully participate in Society in the early 20th century initial legislation focused on Vocational Rehabilitation and return to civilian employment for World War I disabled veterans this 1918 legislation followed
by the Social Security Act of 1935 paved the way for broader protections and governmental assistance to all individuals with disabilities in the early 1970s three significant milestones in the disability Civil Rights Movement were reached first a federal court rule that every child no matter the nature or severity of the disability was entitled to a free appropriate public education second a new federal law provided that no handicapped individual could be excluded from denied the benefits of or discriminated against under any program or activity receiving federal financial assistance finally Public Law 94142 required a free and appropriate
public education in the least restrictive environment which led to the inclusion of students with disabil abilities in mainstream K12 educational settings these laws and other landmark civil rights laws providing protection against discrimination on the basis of race and gender laid the groundwork for the Americans with Disabilities Act in 1990 the Ada provided protection from discrimination on the basis of disability and the rights to inclusion and participation in public programs and services the Ada also broaden protection to include private entities and led to such significant changes as the requirement for all public and private transportation to
be accessible the development of telecommunication systems for the DEA and the establishment of minimum accessibility standards for the design construction and alteration of buildings and facilities in 1998 section 508 of The Rehabilitation Act was enacted to eliminate barriers in Information Technology open new opportunities for people with disabilities and encourage development of technologies that will help achieve these goals the web accessibility initiative develop strategies guidelines and resources to help make the web accessible to people with disabilities this initiative is part of the worldwide Web Consortium an International Community that develops Open Standards to ensure the long-term
growth of the web another Ada amendment in 2008 averted a trend toward narrowing the legal definition of disability instead the Ada is amended expanded the protections of the original Ada to include more individuals with less severe impairments it clarifies the original anti-discriminatory intent of the law and makes it easier to determine disability status additionally current law considers even impairments that are in remission or are episodic to be disabilities if the impairment would substantially limit a major activity when active for example cancer epilepsy or post-traumatic stress disorder not everyone with an impairment or medical condition is
protected by the law to be protected a person must show that he or she has a disability in one of three ways first there must be a physical or mental condition that substantially limits a major life activity including walking talking seeing hearing learning reading concentrating communicating and thinking under current law disabilities may also include substantial limits to Major bodily functions such as functions of the immune system cell growth digestive bladder and bowel functions neurological and brain functions respiratory and circulatory functions endocrine functions or reproductive functions second a person may be disabled if there is a
history of a disability such as cancer that is in remission and third a person with even a minor impairment is disabled as long as the impairment lasts or is expected to last 6 months or more once disability status is confirmed an individual is protected from discrimination on the basis of disability following the disability determination a separate assessment of a need for accommodation is conducted the purpose of an accommodation is to provide the individual with an equal opportunity to participate in the same programs services or activities available to others in the community accommodations may be provided
specifically to an individual for example a sign language interpreter or an accommodation may be incorporated into the environment as in the cases of curb Cuts accessible web pages and automatic door openers adaptations and accommodations that are intentionally built into the environment are examples of Universal Design Universal Design makes products and environments that are usable to the greatest extent by the widest array of users the benefits of Universal Design are not limited to individuals with disabilities there are many examples of Universal Design in daily use by the general population for example curb Cuts benefit parents with
baby strollers and open cap is commonplace in venues such as a sports bar where multiple TV screens are provided for simultaneous viewing accommodations for Disabilities are intended to be outcome neutral that is an accommodation should create equal access the laws for disabled Americans are not intended to confer Advantage lower performance standards or guarantee success but when the accessibility rights of the individual are balanced with the essential function of the task or activity all people then have an equal opportunity to fully participate in society [Music]
