Jonah Patel
The rights of people with disabilities are protected by a number of federal laws, including the Americans with Disabilities Act of 1990 (ADA), the Individuals with Disabilities Education Act (IDEA), and the Fair Housing Act. While these laws provide a framework for equality, there are still many state laws that discriminate against people with disabilities, limiting their rights in areas such as voting, marriage, and employment. The 14th Amendment's Equal Protection Clause has been used to uphold the rights of women and minorities, but it has not been as effective in protecting the rights of people with disabilities. The American Bar Association supports stronger legislation to prohibit discrimination against people with disabilities, and there are calls for judicial action to ensure equal opportunities for all.
| Characteristics | Values |
|---|---|
| Constitutional Amendments associated with disability | 14th Amendment, 25th Amendment |
| Disability discrimination protections | Equal Protection Clause, Spending Clause, Commerce Clause, Due Process Clause |
| Legislation | Americans with Disabilities Act of 1990 (ADA), Fair Housing Act, Voting Accessibility for the Elderly and Handicapped Act of 1984, Individuals with Disabilities Education Act (IDEA) |
| Court cases | City of Cleburne v. Cleburne Living Center, Inc., Brown v. Board of Education |
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What You'll Learn
The Fourteenth Amendment's Equal Protection Clause
The Fourteenth Amendment to the United States Constitution, which came into effect in 1868, contains the Equal Protection Clause, which states: "No state shall... deny to any person within its jurisdiction the equal protection of the laws." The clause mandates that individuals in similar situations be treated equally by the law.
The Fourteenth Amendment has been a powerful tool in the battle for civil rights in US courts, particularly in landmark cases concerning racial discrimination, reproductive rights, and gender discrimination. For example, in Brown v. Board of Education, it was determined that schools segregated by race were unconstitutional. The amendment has been used to uphold the rights of women and minorities.
However, the Fourteenth Amendment has not been as effective in the disability rights movement. In 1985, the US Supreme Court ruled in City of Cleburne v. Cleburne Living Center, Inc. that a permit for group housing for the mentally disabled should be granted. However, the court did not find that the mentally disabled were a class that had historically faced discrimination and thus did not qualify for stricter scrutiny under the Equal Protection Clause.
Disability rights groups have recently sued the New York City subway system over its lack of accessibility, with less than 25% of stations accessible to people who cannot use stairs. While the courts have not yet recognised that the rights of people with disabilities are fully protected under the Fourteenth Amendment, groups like the American Bar Association support legislation prohibiting discrimination based on disabilities.
The shift in perspective from viewing disabilities as a medical issue to a social issue has led to the recognition that discriminatory treatment of people with disabilities raises significant constitutional issues. This has resulted in the realisation that social norms and infrastructure that fail to accommodate people with disabilities hinder their full integration into society.
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Discrimination protections
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination in recruitment, hiring, promotions, training, pay, and other privileges of employment. It also prohibits excluding or denying equal goods, services, facilities, accommodations, or other opportunities to individuals with disabilities. The ADA defines an individual with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities, someone with a history of such impairment, or someone perceived by others as having such an impairment.
The Fair Housing Act, amended in 1988, prohibits housing discrimination on the basis of disability. It requires housing providers to make reasonable exceptions to afford people with disabilities equal housing opportunities. The Voting Accessibility for the Elderly and Handicapped Act of 1984 mandates that polling places be physically accessible to people with disabilities for federal elections.
The Equal Protection Clause of the Fourteenth Amendment to the Constitution has been used to uphold the rights of women and minorities. However, it has not been as effective in protecting the rights of people with disabilities. The American Bar Association supports legislation that explicitly prohibits discrimination based on disability, similar to existing prohibitions on discrimination based on race, sex, national origin, and religion.
While the Constitution provides avenues for pro-disability federal legislation, the current interpretation of the Fourteenth Amendment's Equal Protection Clause offers inadequate protection for people with disabilities. This is partly due to the view that disability-specific needs can be addressed through varying government services, and stronger protections may threaten the provision of those services. However, the disability community needs strong and long-lasting Constitutional protections to ensure equal rights and opportunities.
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Social norms and accessibility
Social norms and attitudes are critical factors that influence the accessibility and inclusion of people with disabilities in society. While medical issues associated with disabilities are important, it is often the social barriers and discriminatory views that pose the most significant obstacles to equal participation.
One prominent example of how social norms can hinder accessibility is in the built environment. Buildings with stairs at the entrance, rather than ramps, may exclude individuals who use wheelchairs. This is not solely a medical issue but a social one, as it is the design and construction of the building that creates a barrier. Similarly, societal attitudes and stereotypes associated with disabilities can lead to discrimination in employment, education, and other areas. For instance, an employer may deny a job opportunity to a qualified candidate with a disability, deeming the necessary accommodations as "unreasonable".
The shift in perspective, from viewing disabilities solely as medical issues to understanding them as social issues, is crucial for promoting accessibility. This shift has led to the recognition that discriminatory treatment of people with disabilities is a violation of civil rights and raises constitutional concerns.
To address these issues, various pieces of legislation have been enacted to improve accessibility and protect the rights of people with disabilities. The Americans with Disabilities Act (ADA) of 1990, for instance, prohibits discrimination in employment, housing, and other areas. The Fair Housing Act, amended in 1988, also prohibits housing discrimination on the basis of disability, requiring reasonable accommodations to be made. Additionally, the Voting Accessibility for the Elderly and Handicapped Act of 1984 mandates physical accessibility at polling places and the provision of voting aids for disabled voters.
While these laws have made significant strides in improving accessibility, there are still gaps and limitations. The constitutional protections under the 14th Amendment's Equal Protection Clause, for instance, have been deemed inadequate for people with disabilities, as they receive the weakest level of protection compared to other protected groups. This highlights the ongoing need for stronger and more comprehensive legislation to ensure equal rights and accessibility for individuals with disabilities.
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Voting Accessibility Act of 1984
In the United States, the Voting Accessibility for the Elderly and Handicapped Act of 1984 requires polling places to be physically accessible to people with disabilities for federal elections. This Act, also known as the Voting Accessibility Act, ensures that all polling facilities for federal elections are accessible to voters with disabilities and the elderly. Polling places are evaluated on the accessibility of areas such as parking, drop-off areas, entrances, and pedestrian routes to ensure they meet the needs of disabled voters.
The Act mandates that each state and local government conducting elections must ensure that polling facilities are accessible. However, there are limited exceptions during emergencies or when no accessible facilities are available, in which case voters may be assigned to the nearest accessible facility. The Act also requires that a reasonable number of accessible permanent registration facilities be provided by state or local governments, except in cases of mail registration.
Furthermore, the Voting Accessibility Act of 1984 addresses the provision of alternate means of casting ballots. If no accessible location is available as a polling place, an alternative method for casting a ballot on election day must be provided. This can include the use of absentee ballots, where a state cannot require medical certification or doctor documentation for voters with disabilities.
The Act also requires states to make available registration and voting aids for disabled voters, such as telecommunications devices for the deaf (known as TDDs or TTYs). Additionally, it allows polling officials to permit voters with physical disabilities or those over 70 to move to the front of the line upon request.
The Voting Accessibility Act of 1984 has been subject to amendments over the years. In 1999, Senator John McCain introduced an amendment to update the Act, aiming to specify polling regulations, permit voter registration at home, and modernise language by replacing "handicapped" with "disabled". In 2015, an amendment was added to clarify the ability of polling officials to allow disabled or elderly voters to move to the front of the line. Despite these advancements, some states, such as Georgia in 2021, have introduced voting measures that could make voting more difficult for people with disabilities, emphasising the ongoing need for disability rights activists to advocate for accessible voting rights.
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The Americans with Disabilities Act of 1990
The Americans with Disabilities Act (ADA) of 1990 is a comprehensive piece of legislation that provides a wide range of civil rights protections for people with disabilities in the United States. The ADA was enacted to eliminate discrimination against individuals with disabilities and ensure their full participation in all aspects of society.
The ADA prohibits discrimination in employment, public accommodations, and other areas of public life. Title I of the ADA makes it unlawful for employers with 15 or more employees to discriminate against qualified individuals with disabilities in hiring, promotion, pay, and other terms and conditions of employment. Title V contains miscellaneous provisions, including the authority given to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation to issue regulations implementing the definitions of disability.
The ADA also addresses physical accessibility, requiring that public accommodations, such as buildings and transportation, be accessible to individuals with disabilities. This includes the removal of physical barriers, such as providing ramps alongside stairs, to ensure equal access and opportunities for people with disabilities.
The ADA has been amended several times since its enactment, most notably with the ADA Amendments Act of 2008, which expanded the definition of "disability" and extended the law's protections to a broader range of individuals. The ADA has had a significant impact on the rights and participation of people with disabilities in American society, challenging social norms and attitudes that create barriers to equal opportunities.
The legislation has also been the subject of legal scholarship and activism, with legal scholars, historians, and disability rights activists exploring its implications and impact on various aspects of life, including employment, education, housing, and health care. The ADA continues to evolve and shape the discourse surrounding disability rights, accessibility, and inclusion in the United States.
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Frequently asked questions
The 14th Amendment's Equal Protection Clause has been used to uphold the rights of women and minorities, but it has not been as effective for people with disabilities.
The 14th Amendment is a powerful tool in the battle for civil rights. It forbids states from enacting any law or treating citizens in a way that deprives them of "life, liberty, or property" without "due process of law".
The 14th Amendment has been interpreted to offer some protection against disability discrimination, but it is not as strong as protections offered to other groups.
The 14th Amendment has not been recognised by courts as providing full protection to people with disabilities. There are still many state laws that discriminate against people with disabilities, impacting their rights in areas such as voting, marriage, employment, and education.
Yes, there are federal laws such as the Americans with Disabilities Act (ADA), the Fair Housing Act, the Individuals with Disabilities Education Act (IDEA), and the Voting Accessibility for the Elderly and Handicapped Act.
