American with Disabilities Act (A.D.A)

Introduction

ADA was signed by President George W. Bush, July 26, 1990. The Act had wide coverage since it applied to the government and the private sector. In essence, ADA reflects the protective provisions of the 1964 Civil Rights Act; prohibiting discrimination against individuals with disabilities in employment. The act focuses on the provision of public services such as education and health services, as well as in public places such as commercial facilities, shops, hotels, restaurants, recreation areas, theaters and stadiums. The act also applies to discrimination against individuals with disabilities in transport and communication.

Although the ADA prohibits discrimination in employment, hiring, promotion, training and pay, one of the main problems that the U.S. government is still trying to resolve is the creation of adequate jobs for disabled individuals. Schools and universities are more accessible to people with disabilities than ever before, however the dropout rate of students with disabilities or refusal to continue studies remains high.

According to the U.S. Census Bureau, there are over 54 million people with disabilities currently residing in the United States. The UN, in accordance with the 2006 Convention on the Rights of Persons with Disabilities, believes that there are approximately 650 million people with disabilities worldwide. This is the world's largest minority since 80% of these disabled people live in developing countries.

The UN Convention on the Rights of Persons with Disabilities recounts the rights of the disabled and requires countries to ensure the provision of these rights. The United States signed the convention in 2009; and is currently preparing for its ratification in the U.S. Senate in 2011.

Discussion

In 2008, 15 million Americans with disabilities (almost as much as African-Americans: 16 million) voted in the U.S. presidential election while more than 4 million voted in the elections of 2000. One of the main reasons was the Help America Vote Act in 2002, which provided accessibility for disabled people of all areas where elections were held.

On January 1, 2009 a new federal law came into force based on the amendments to the ADA. Known as the ADA Amendment Act of 2008-ADAA, this law was passed by Congress and signed by President George W. Bush on 25 September 2008. The new law contained important provisions that strengthened the civil rights of disabled Americans. (DeLeire & Thomas, pp. 693-715)

The Act also repeals a number of existing U.S. Supreme Court decisions and lower courts that restrict those rights, softens overly strict standards of disability established by the court and gives a broader interpretation of the concept of disability, which allows the inclusion of different kinds of mental and physical disorders. ADAA Act abolishes many of the restrictions on disability rights that had been established by the rules of the Governmental Commission on Equal Employment Rights (EEOC).

Supporters of the law argue that the new regulations reduced the degree of protection of rights of disabled persons from discrimination in the workplace and in public life, which Congress originally proclaimed in the Law on the Rights of Persons with Disabilities "The ...