Disability Visibility : First-Person Stories From the Twenty-First Century by 
Backlash Against the ADA : Reinterpreting Disability Rights by
For civil rights lawyers who toiled through the 1980s in the increasingly barren fields of race and sex discrimination law, the approval of the Americans with Disabilities Act in 1990 by a nearly unanimous U.S. House and Senate and a Republican President seemed almost fantastic. Within five years of the Act's effective date, however, observers were warning of an unfolding assault on the ADA by federal judges, the media, and other national opinion-makers. A year after the Supreme Court issued a trio of decisions in the summer of 1999 sharply limiting the ADA's reach, another decision invalidated an entire title of the act as it applied to the states. By this time, disability activists and disability rights lawyers were speaking openly of a backlash against the ADA. What happened, why did it happen, and what can we learn from the patterns of public, media, and judicial response to the ADA that emerged in the 1990s? In this book, a distinguished group of disability activists, disability rights lawyers, social scientists and humanities scholars grapple with these questions. Taken together, these essays construct and illustrate a new and powerful theoretical model of sociolegal change and retrenchment that can inform both the conceptual and theoretical work of scholars and the day-to-day practice of social justice activists. Contributors include Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. Laden, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash Against the ADA will interest disability rights activists, lawyers, law students and legal scholars interested in social justice and social change movements, and students and scholars in disability studies, political science, media studies, American studies, social movement theory, and legal history. Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley.
Capitalism and Disability : Selected Writings by Marta Russell by
Spread out over many years and many different publications, the late author and activist Marta Russell wrote a number of groundbreaking and insightful essays on the nature of disability and oppression under capitalism. In this volume, Russell's various essays are brought together in one place in order to provide a useful and expansive resource to those interested in better understanding the ways in which the modern phenomenon of disability is shaped by capitalist economic and social relations. The essays range in analysis from the theoretical to the topical, including but not limited to: the emergence of disability as a "human category" rooted in the rise of industrial capitalism and the transformation of the conditions of work, family, and society corresponding thereto; a critique of the shortcomings of a purely "civil rights approach" to addressing the persistence of disability oppression in the economic sphere, with a particular focus on the legacy of the Americans with Disabilities Act of 1990; an examination of the changing position of disabled people within the overall system of capitalist production utilizing the Marxist economic concepts of the reserve army of the unemployed, the labor theory of value, and the exploitation of wage-labor; the effects of neoliberal capitalist policies on the living conditions and social position of disabled people as it pertains to welfare, income assistance, health care, and other social security programs; imperialism and war as a factor in the further oppression and immiseration of disabled people within the United States and globally; and the need to build unity against the divisive tendencies which hide the common economic interest shared between disabled people and the often highly-exploited direct care workers who provide services to the former.
Disability As Diversity : A Guidebook for Inclusion in Medicine, Nursing, and the Health Professions by
Administrators and faculty in medical, nursing and health science programs are witnessing a substantial increase in the number of students with disabilities entering their programs. Concurrently, the benefits of diversity in healthcare are becoming increasingly apparent and important. Provider-patient concordance is a known mechanism for reducing health care disparities. By developing a workforce that mirrors the patient population, we can appropriately inform disability care, reducing health care disparities while embracing the tenets of the Americans With Disabilities Act (ADA), namely equal opportunity, full participation, independent living, and economic self-sufficiency for qualified individuals with disabilities. One in five individuals will experience disability at some point in their lives, making this the largest minority in the US. A commitment to disability inclusion for qualified students should be a high-level goal of nursing, medical, and other health science programs. To support this goal, leaders in these areas must develop robust programs and an understanding of the best practices for inclusion. This first-of-its-kind title is designed to help deans, program directors, faculty, student affairs personnel and disability resource professionals thoughtfully plan for the growing population of health-care professionals with disabilities. The content helps stakeholders contextualize disability inclusion in health-care education as a function of social justice and a mechanism of reducing health care disparities for patients. It offers pragmatic advice, grounded in research, best practice, and case law to address the highly nuanced approach to determining and implementing accommodations in a high-stakes clinical environment. Disability as Diversity connects the moving parts necessary to ensure equal access for qualified students and provides a blueprint for crafting policy, proactive messaging, improving climate, adhering to accreditation standards, addressing licensing and board exams, responding to student failure, all while remaining compliant with the Americans with Disabilities Act (ADA), and applicable Federal regulations. This text provides educators with the perspectives and skills they need to bring disability inclusion to the forefront of health education.
Disability Harassment by
Building on the insights of both disability studies and civil rights scholars, Mark C. Weber frames his examination of disability harassment on the premise that disabled people are members of a minority group that must negotiate an artificial yet often damaging environment of physical and attitudinal barriers. The book considers courts' approaches to the problem of disability harassment, particularly the application of an analogy to race and sex harassment and the development of legal remedies and policy reforms under the Americans with Disabilities Act (ADA). While litigation under the ADA has addressed discrimination in public accommodations, employment, and education, Weber points out that the law has done little to combat disability harassment. He recommends that arguments based on unused provisions of the ADA should be developed and new legal remedies advanced to address the problem. Disability Harassment also draws on case law to explore special problems of harassment in the public schools, and closes with an appeal to judges and lawmakers for expanded legal protection against harassment.
The Disability Pendulum : The First Decade of the Americans With Disabilities Act by
Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations. The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress' intentions. The courts have operated like a pendulum, at times swinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.
Disabling Interpretations : The Americans With Disabilities Act In Federal Court by
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy.Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
The Encyclopedia of Sports and Recreation for People with Visual Impairments by
Not long ago, most blind and visually impaired people grew up without ever playing sports; they sat on the sidelines, and kept score during gym-protected rather than included. In the 1980s, few people had ever heard of the Paralympic Games or accessible recreation. Today, promising blind athletes can receive residency at the US Olympic Training Center; runners compete for prize money and national championships, and most ski resorts offer adaptive programs throughout the year where blind people can ski, cycle, and kayak-often for free. The Paralympic movement, the Americans with Disabilities Act of 1990, and ever-increasing expectation for inclusion among the disabled have inspired an explosion of accessible sports, fitness, and recreation programs that accommodate the blind. The Encyclopedia of Sports & Recreation for People with Visual Impairments is the first consumer- focused, action-oriented guide to this new world of accessible activity, profiling the people, programs, and products that are helping move blind and visually impaired people from the sidelines into the game. This groundbreaking guide profiles every accessible blind sport and recreation activity with entries that outline how athletes (both novice and elite) got involved in the sport and how participation has shaped their life. The book also profiles major blind sports organizations and includes chapter and resource listings on camps and accessible recreation providers. Through this book, blind people will be inspired to embrace sports as the rest of society does-as a vital component of personal expression and human interaction that opens paths to adventure, confidence, and lifelong health and fitness.
EQuality : The Struggle for Web Accessibility by Persons with Cognitive Disabilities by
Never before have the civil rights of people with disabilities aligned so well with developments in information and communication technology. The center of the technology revolution is the Internet, which fosters unprecedented opportunities for engagement in democratic society. The Americans with Disabilities Act likewise is helping to ensure equal participation in society by people with disabilities. Globally, the Convention on the Rights of Persons with Disabilities further affirms that persons with disabilities are entitled to the full and equal enjoyment of fundamental personal freedoms. This book is about the lived struggle for disability rights, with a focus on Web equality for people with cognitive disabilities, such as intellectual disabilities, autism, and print-related disabilities. The principles derived from the right to the Web - freedom of speech and individual dignity - are bound to lead toward full and meaningful involvement in society for persons with cognitive and other disabilities.
Family Consequences of Children's Disabilities by
The Americans with Disabilities Act (ADA) and other national policies are designed to ensure the greatest possible inclusion of people with disabilities in all aspects of American life. But as a matter of national policy we still place the lion's share of responsibility for raising children with disabilities on their families. While this strategy largely works, sociologist Dennis Hogan maintains, the reality is that family financial security, the parents' relationship, and the needs of other children in the home all can be stretched to the limit. In Family Consequences of Children's Disabilities Hogan delves inside the experiences of these families and examines the financial and emotional costs of raising a child with a disability. The book examines the challenges families of children with disabilities encounter and how these challenges impact family life. The first comprehensive account of the families of children with disabilities, Family Consequences of Children's Disabilities employs data culled from seven national surveys and interviews with twenty-four mothers of children with disabilities, asking them questions about their family life, social supports, and how other children in the home were faring. Not surprisingly, Hogan finds that couples who are together when their child is born have a higher likelihood of divorcing than other parents do. The potential for financial insecurity contributes to this anxiety, especially as many parents must strike a careful balance between employment and caregiving. Mothers are less likely to have paid employment, and the financial burden on single parents can be devastating. One-third of children with disabilities live in single-parent households, and nearly 30 percent of families raising a child with a disability live in poverty. Because of the high levels of stress these families incur, support networks are crucial. Grandparents are often a source of support. Siblings can also assist with personal care and, consequently, tend to develop more helpful attitudes, be more inclusive of others, and be more tolerant. But these siblings are at risk for their own health problems: they are three times more likely to experience poor health than children in homes where there is no child with a disability. Yet this book also shows that raising a child with a disability includes unexpected rewards--the families tend to be closer, and they engage in more shared activities such as games, television, and meals. Family Consequences of Children's Disabilities offers access to a world many never see or prefer to ignore. The book provides vital information on effective treatment, rehabilitation, and enablement to medical professionals, educators, social workers, and lawmakers. This compelling book demonstrates that every mirror has two faces: raising a child with a disability can be difficult, but it can also offer expanded understanding. A Volume in the American Sociological Association's Rose Series in Sociology
In Search of Freedom : How Persons with Disabilities Have Been Disenfranchised From the Mainstream of American Society and How the Search for Freedom Continues by
This updated and expanded new edition continues the theme of the first edition of emphasizing the struggles in which persons with disabilities have engaged, the barriers they have had to overcome, and the barriers they continue to face in their quest to obtain freedom. A major point is that disabilities are a part of life and everyone has limitations, therefore, persons with disabilities should be treated the same as any other human. The disability rights movement and its role in placing the demands of persons with disabilities before American society are discussed. Legislative action that impacted persons with disabilities is traced through the Americans with Disabilities Act. The impact of attitudes, self-concept, and self-esteem are explored, as well as the family's role in assisting persons with disabilities in their search for freedom. Intervention strategies are also discussed including the actions that are needed before persons with disabilities can be truly free. Although significant progress has been made, the laws mentioned in this book as well as other unmentioned laws can do only so much with regard to helping people with disabilities. Given this reality, it is imperative that persons with disabilities make the American public aware of the inequities that still exist. The search for freedom must continue and the search should be inspired and led by persons with disabilities. Consequently, this second edition deals with both the needs of persons with disabilities and the actions they must take to attain their freedoms.
Legal Rights : The Guide for Deaf and Hard of Hearing People by
The standard handbook on law affecting deaf and hard of hearing people has been completely rewritten and updated. The sixth edition of Legal Rights: The Guide for Deaf and Hard of Hearing People meticulously describes those statutes that prohibit discrimination against deaf and hard of hearing people, and any others with physical challenges. Written in easy-to-understand language, the new edition describes the core legislation and laws and their critical importance since their inception: The Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA). The new Legal Rights also explains the significant amendments to these laws, including the ADA Amendments Act (ADAAA) and new regulations to its Title II concerning public entities and Title III pertaining to public accommodations and commercial facilities. The reauthorization of IDEA expanded the No Child Left Behind Act requirement for highly qualified teachers to all students with disabilities. This new edition also tracks the trend of passing a Deaf and Hard of Hearing Children's Bill of Rights in a growing number of state legislatures. This completely new resource also delineates new legislation such as the Twenty-First Century Communications Video and Accessibility Act, which ensures access to the newest communications technology for deaf and hard of hearing people. Legal Rights also includes information on the use of interpreters in the legal system, securing its position as the most comprehensive reference of legal information for deaf and hard of hearing people now available.
Making Computers Accessible : Disability Rights and Digital Technology by
The revolution in accessible computer technology was fueled by disability activism, the interactive nature of personal computers, and changing public policy. In 1974, not long after developing the first universal optical character recognition technology, Raymond Kurzweil struck up a conversation with a blind man on a flight. Kurzweil explained that he was searching for a use for his new software. The blind man expressed interest: One of the frustrating obstacles that blind people grappled with, he said, was that no computer program could translate text into speech. Inspired by this chance meeting, Kurzweil decided that he must put his new innovation to work to "overcome this principal handicap of blindness." By 1976, he had built a working prototype, which he dubbed the Kurzweil Reading Machine. This type of innovation demonstrated the possibilities of computers to dramatically improve the lives of people living with disabilities. In Making Computers Accessible, Elizabeth R. Petrick tells the compelling story of how computer engineers and corporations gradually became aware of the need to make computers accessible for all people. Motivated by user feedback and prompted by legislation such as the Americans with Disabilities Act, which offered the promise of equal rights via technological accommodation, companies developed sophisticated computerized devices and software to bridge the accessibility gap. People with disabilities, Petrick argues, are paradigmatic computer users, demonstrating the personal computer's potential to augment human abilities and provide for new forms of social, professional, and political participation. Bridging the history of technology, science and technology studies, and disability studies, this book traces the psychological, cultural, and economic evolution of a consumer culture aimed at individuals with disabilities, who increasingly rely on personal computers to make their lives richer and more interconnected.
Rights of Inclusion : Law and Identity in the Life Stories of Americans with Disabilities by
Rights of Inclusion provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights-one that focuses on their role in everyday lives rather than in formal legal claims. Although all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations, and altered the perceptions and assumptions of their employers and coworkers-in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA.
Sociopolitical Aspects of Disabilities : The Social Perspectives and Political History of Dsabilities and Rehabilitation in the United States by 
United Nations Convention on the Rights of Persons with Disabilities and U. S. Ratification Issues by
During the 113th Congress, the Senate might consider providing its advice and consent to ratification of the U.N. Convention on the Rights of Persons with Disabilities (CRPD). CRPD, which has been ratified or acceded to by 129 countries, is a multilateral agreement that addresses the rights of disabled persons. Its purpose is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities. Many U.S. policymakers, including President Obama and some Members of Congress, agree that existing U.S. laws and policies are compatible with CRPD. In fact, some CRPD provisions appear to be modelled after U.S. disability laws. The United States has historically recognised the rights of individuals with disabilities through various laws and policies, including the Americans with Disabilities Act. This book provides an overview on the United Nations Convention on the Rights of Persons with Disabilities, with a focus on its objectives, structure, and policy issues.
Voices From the Edge : Narratives About the Americans with Disabilities Act by
Fear, rage, courage, discrimination. These are facts of everyday life for many Americans with disabilities. The Americans with Disabilities Act (ADA), has made working, traveling, and communicating easier for many individuals. But what recourse do individuals have when enforcement of the law is ambiguous or virtually nonexistent? And how will its changing definition affect individuals' lives-as well as their legal actions-in the future? What is life like in post-ADA America? Voices from the Edge seeks to challenge the mindset of those who would deny equal protection to the disabled, while providing informative analysis of the intent and application of the ADA for those who wish to learn more about disability rights. Giving voice to the many types of discrimination the disabled face - at a small Southern College, in the Library of Congress, on a New York City sidewalk - while illustrating the personal stakes underlying legal disputes over the ADA, this collection offers unparalleled insight into the lives behind the law. Contributors: Joan Aleshire on disability and the eye of the beholder. Achim Nowak on disclosing HIV. C.G.K. Atkins on being an academic liability. Stephen Kuusisto on hope without the tenure lifeboat. Leonard Kriegel on wheelchairs vs. NYC sidewalks. John Hockenberry on trying one's luck at public transit. Joan Tollifson on a license to drive disabled. Shawn Casey O'Brien on the blue beacon of accessibility. Jean Stewart on sign language in the ER. Ruth O'Brien on everything you wanted to know about the ADA.
What's That Pig Outdoors? : A Memoir of Deafness by
Henry Kisor lost his hearing at age three to meningitis and encephalitis but went on to excel in the most verbal of professions as a literary journalist. This new and expanded edition of Kisor's engrossing memoir recounts his life as a deaf person in a hearing world and addresses heartening changes over the last two decades due to the Americans with Disabilities Act of 1990 and advancements in cochlear implants and modes of communication. Kisor tells of his parents' drive to raise him as a member of the hearing and speaking world by teaching him effective lip-reading skills at a young age and encouraging him to communicate with his hearing peers. With humor and much candor, he narrates his time as the only deaf student at Trinity College in Connecticut and then as a graduate student at Northwestern University, as well as his successful career as the book review editor at the Chicago Sun-Times and the Chicago Daily News. Life without hearing, Kisor says, has been fine and fulfilling. Widely praised in popular media and academic journals when it was first published in 1990, What's That Pig Outdoors? opened new conversations about the deaf. Bringing those conversations into the twenty-first century, Kisor updates the continuing disagreements between those who advocate sign language and those who practice speech and lip-reading, discusses the increased acceptance of deaf people's abilities and idiosyncrasies, and considers technological advancements such as blogging, instant messaging, and hand-held mobile devices that have enabled deaf people to communicate with the hearing world on its own terms.
What We Have Done : An Oral History of the Disability Rights Movement by
Compelling first-person accounts of the struggle to secure equal rights for Americans with disabilities.
Women with Visible and Invisible Disabilities : Multiple Intersections, Multiple Issues, Multiple Therapies by
This thoughtful collection addresses the issues faced by women with disabilities, examines the social construction of disability, and makes suggestions for the development and modification of culturally relevant therapy to meet the needs of disabled women. Written in an accessible style with a minimum of jargon, this book provides clinical material from the perspectives of psychotherapists, clients, personal assistants, and health administrators. Women with Visible and Invisible Disabilities also highlights the importance of considering age, ethnicity, and sexual orientation in its examination of feminist approaches to assessment, psychotherapy, disability management (coping), and discusses how the Americans with Disabilities Act impacts employment and education for women.
"July 26 is observed as The Americans with Disabilities Act (ADA) Day. The ADA, enacted on July 26th 1990, reaffirmed our nation’s commitment to ensuring that people with disabilities have the right to live, work, and fully participate in the community alongside their fellow citizens. The Justice Department’s Civil Rights Division, along with U.S. Attorneys’ Offices across the country, enforces the ADA to realize the statute’s goals. This work includes ensuring equal opportunity, full participation, independent living, and economic self-sufficiency for the 56 million Americans currently living with disabilities."--STARability Foundation.