In 1990, the U.S. enacted the Americans with Disability Act (ADA) on a federal level, which proved to be the foundation for all disability protections in the country. But, The Supreme Court case Acheson Hotels v. Laufer has changed things, opening up a larger conversation. This case addressed whether individuals with disabilities who personally assess businesses for ADA compliance have legal standing to sue. While the country has made significant progress, there is more that can be done to provide disability access to citizens.
The ADA protects people with disabilities from discrimination in employment, public services, public accommodations and telecommunications. In 2008, President George W. Bush signed the ADA Amendments Act, clarifying who was protected and expanding public access rights.
Lawsuits due to ADA noncompliance have made disability rights a crucial topic in American society. With the excessive amount of lawsuits, some people worry that organizations can only do so much before compliance becomes burdensome. However, the reality is that compliance is not a suggestion, and disability protections should not be controversial. The law ensures that the vulnerable part of our population has the opportunity to work if they possess the necessary skills to do so.
From one perspective, schools are liable to be taken advantage of due to the act. Behavioral issues or situations that cannot be accommodated require the school to pay. With a diagnosis such as autism, ADHD, dyslexia or other neurological issues, disabilities are all too common and unfortunately often serve as a cop-out for unchecked behavioral issues that later turn into lawsuits due to a school’s failure to prepare a child. On the other hand, in workplaces, the potential economic burden employers may take on has discouraged them from hiring people with disabilities.
However, the alternative perspective is that the ADA and its protections should not be radical. The ADA states that reasonable accommodations include, but are not limited to, ensuring accessible environments, offering flexible work arrangements (such as part-time or remote work), and providing necessary equipment like TTY telephones, screen readers or ergonomic chairs. In testing situations, accommodations may include screen readers or interpreters.
To address cost accommodations for organizations, changes that are being asked are frequently either low-cost or free. Not only do these changes not require funds, they contribute to a more flexible environment for the whole workplace. Additionally, in terms of funding, some states provide state tax incentives that help offset any costs that may have been incurred due to, say, purchasing a braille menu.
On April 8, 2024, the U.S. Department of Justice announced a new rule signed under Title II of the ADA that required state and local governments to ensure that their websites and mobile apps are accessible. Public programs, emergency information, tax payments and transportation are all resources that every person should have access to. This is a long overdue inclusion to the ADA.
The U.S. is a developed country, yet it does not rank among the top five most disability-friendly nations. Given the statistics for disability in the U.S. and recent boasts involving improving the nation’s quality of life, it is not dramatic to state that the country should seek to do better. Companies have had over a decade to adapt to these regulations and ensure their workers’ needs are met. As for school situations, it is fair to say further definition of reasonable accommodation is sensible.
The ADA covers more than just the workplace and school settings: it sets the standard for public accommodations in the U.S., creating a society that is inclusive, just and humane.
Acknowledgment:The opinions expressed in this article are those of the author.