policyproject

 

AmericansWithDisabilities

Page history last edited by God 3 yrs ago

*Please keep this organized; it helps everyone. >:/ And add to it! :] (0 Hr)

 

*For database links such as Ebsco or Lexis Nexis, type instructions to find an article if you want others to be able to access it from home. Links won't work if you're not on a school computer. (IP addresses have to be confirmed for charged services).

 

*If you put a link to an Ebsco site, nobody can access that link, so please put more information about the site or directions to the webpage, thanks!

 

*READ THE DISABLED. It has lots of good information about ADA. kthxbye.

 

General Information:

Wikipedia: Americans with Disabilities Act of 1990

includes: Groups who worked to pass the ADA (+list), Controversy over ADA (Inherent Flaws & Criticism) & References

 

  • Stage 1: Problem Recognition

    This article may help with Problem Recognition: link

    check this site out for purpose of policy: http://www.lawguru.com/ada-code.html

    Constitutional basis for ADA -- commerce clause authority given to Congress, as well as its authority under section 5 of the 14th Amendment. Under section 5, Congress has the authority to enact legislation to enforce the 14th Amendment's equal protection or due process clause. However Supreme Court rulings in the years after ADA was enacted challenged the act's constitutionality under both the commerce clause and section 5. In 2001 the Supreme Court ruled in Board of Trustees v. Garrett that Congress could not constitutionally create a private right of action for monetary damages against the state involving employment discrimination under ADA Title I. In other words, a private individual could not bring an employment discrimination action in federal court for back pay or damages due to disability discrimination by the state. Numerous lower courts havve extended that holding to ADA Title II, ruling more broadly that Congress does not have the authority to create a private right of action against the states to remedy disability discrimination in the nonemployment context. The national council on the Handicapped, a panel of thirteen people appointed by President Ronald Regan, proposed the first version of the ADA in 1988.

     

    Major Acts of Congress (refrence book, Volume 1)

  • Stage 2: Policy Formulation and Adoption

     

     

     

    For specifics on the movement of ADA through Congress go to Lexis Nexis, click on Legislation, then US Bill Tracking Reports (use the bill number and a key word to search files). View the full text version to get specifics on which commitees were assigned and what Congress's findings were.

     

  • Stage 3: Policy Implementation

     

    Really good U.S. Department of Labor site saying how all 6 government agencies implement their policies regarding the ADA

    this is a good article discussing ADA implementation NRPA Answers the Call for Comments on ADA Implementation

    The Equal Employment Opportunity Commission (EEOC) recieved more than twelve thousand ADA-related complaints in the law's first year in effect. Lawsuits arose quickly, and courts began interpreting the act fairly broadly. Among early cases were those of an executive forced into early retirement after a diagnosis of inoperable brain cancer, a Little League coach prohibited from stationing his wheelchair at third base, and a construction worker denied insurance coverage because of his HIV status -- al of whchi were decided in favor of the plaintiffs. The ADA has established a truly imposing maze of laws, concepts, figures, and procedures to negotiate; given the long-term costs of lawsuits, many companies have accepted costly short-term changes to their facilities and practices. On the other hand, the ADA has brought much-needed attention to the plight and rights of a segment of the population whose unemployment rate hovers around 66% and who have consistently been excluded from many aspects of public life. A major accomplishment of the ADA has been to jolt corporate America, generally steadily focused on the spreadsheet, into awareness of the needs of thedisabled, and to force creative decision-making and problem-solving at all levels.

    Roth, John K. "Americans with Disabilities Act (ADA)." Encyclopedia of Social Issues. Marshall Cavendish Corporation, 1997.

  • Stage 4: Policy Evaluation

    For information on the continuation and improvement of the Americans with Disabilities Act (phase four) look for the article titled "Fulfilling America's Promise to Americans with Disabilities" on the NewsBank website. It is an address from the Bush White House about his "New Freedom Initiative" plan.

    EBSCO > Find > Americans with Disabilities Act of 1990 (Select Newspapers & Magazine Search; Full Text + (at the bottom: Related Words & Search within full text of article) > #6: The Americans with Disabilities Act: A Decision Tree for Social Services Administrators

    ADA affects Social Services workers but is too vague for them.

    http://www.adata.org/ this is the ADA technical assistance program website

    Controversy: Inherent Flaws and Criticism: link

    a good article here link

    Check out the book called THE DISABLED, published by David Bender...provides multiple arguments as to whether the ADA is effective or not :) Love, 3rd Period

    Supreme Court case Chevron v Echabazal 2002 -- employer may refrain from employing a person out of concern that working conditions would exacerbate his liver disease.

    Grounds on which a person or entity can legally discriminate against an individual with a disability -- "Direct threat" defense. An employer can refrain from hiring an individual not merely because the individual might cause harm to others but because the individual may cause harm to him or herself through the employment in question.

     

     

     

     

    (*cough* So our wiki page is definitely the best. ;) we should lobby Phelps for project points.)- 0 Hr.

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