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Americans with Disabilities Act

The 28th Anniversary of the ADA

February 28, 2022 by Disability Rights Iowa

As a young boy, my mother brought me to Iowa’s capitol to celebrate the 10th anniversary of the ADA. It was a typical Iowa summer day, hot and humid, but the grounds were abuzz with excitement. For the first time, I saw people with disabilities of all kinds, together, reflections of one another despite our differences, gathered to celebrate all the progress that had been made in 10 short years. The event was an outpouring of joy at what we have achieved. An opportunity to express our gratitude to Senator Tom Harkin who authored and introduced the ADA, Senator Grassley who supported its passage, President George H.W. Bush who signed it, and to all those who helped to make the ADA a reality. It was a day I’ll never forget. Beyond introducing me to a law that would play a huge role in my life, it was an example of my mother teaching me to celebrate my disability, to celebrate my peers, and to never forget that my disability made me who I am, a person worthy of love and respect.

Once signed, The Americans with Disabilities Act became, as Senator Harkin often terms it, an emancipation proclamation for millions of Americans with Disabilities, and an all-important inheritance for the generations to come. For me, the ADA is a collection of legal protections that have proved essential throughout my life. Without it, I would not have graduated high school, I would not have met my wonderful friends at Drake University and I certainly would not have my job at Disability Rights Iowa. Every stroll through Valley Junction, every note of bluegrass enjoyed at the Iowa State Fair, every afternoon retreating to the cool of a movie theater with my sister on hot summer days are all memories made possible by the ADA.

I am a proud to have come of age in a post-ADA world, shaped by its indelible impact. As member of the ADA generation, I was allowed to grow up with the belief in my own value secure. A belief that my future was not restricted by my disability, but limited only by my talents and determination. Should I doubt that truth, I had a document with the signature of the President of the United States confirming my value as a person.

The American’s with Disabilities Act affirmed our immeasurable value and sought to bring about full participation in society. At the time of its passage, the ADA was radical, expansive and ambitious. Reading it, you can’t help but appreciate that its authors were attempting nothing less than the total removal of the societal constraints imposed on the disability community. It addresses everything from employment to educational access, curb cuts to captioning. Its very existence is a testament to the political strength of people with disabilities and their allies. It exists because of the efforts of millions, a nationwide cry for full citizenship, and for long overdue protection from systemic discrimination. As its scope and full meaning was supported by the courts, it became a means of moving away from the institutional approaches to care, towards true inclusion and choice.

Twenty-eight years later, the enduring legacy of the ADA continues to transform this country, and level the playing field for millions. For 28 years, our society has opened itself to people with disabilities in ways previously unimagined. This change allows members of the ADA generation to dream and succeed because of the unique gifts of their disability, and not in spite of them. People with disabilities are reshaping a world that is hostile to our very presence, and we are what we always knew ourselves to be: A natural and essential expression of the human experience. We have come a long way, achieved much with the help of our families, communities and allies. We must be proud of and celebrate our successes.

But even as we allow ourselves a moment of celebration, we must turn our thoughts to those unrepresented here this afternoon. Today, a young person with a disability will spend their time throwing plastic toys into a bag. Their future counted in cents by the hour, their ambition and talents stunted by a culture of lowered expectation. Another will spend their day in bed, with filthy sheets and festering sores, unable to receive the services essential for their dignity and safety. Another still will struggle to maintain their independence in the face of mental health challenges and crushing stigma, working against institutionalization. Our failures to fully make manifest the promises and protections of the ADA have severe human consequences.

For too many Americans, the ADA is not yet a reality. The transformation that so affected my life for the better remains for many a half-filled promise. This is a collective failure. Yet, the failures of yesterday do not dictate our future. Today, let us not just celebrate the achievements of the past, but the fact we have within ourselves the capacity to bring the ADA to all those in need of its protection. Is this a challenge? Absolutely. One we are well equipped to meet.

If neglect and prejudice persist as a form of institutional violence, then let empathy become a form of institutional love. Let our policies, practices, and minds be shaped by the higher principles of inclusion and self-determination so central to the ADA’s purpose. Today we celebrate how far we have come, and the hard road left to travel. The march goes on, the march to define and defend what Justin Dart Jr. called “a landmark commandment of fundamental human morality.” Everyday a powerful and new affirmation of our rights as Americans, and the unique beauty of the disabled experience.

Today is our celebration. Tomorrow, we get back to work.

Filed Under: Uncategorized Tagged With: ADA, Americans with Disabilities Act, disability rights

Should I disclose my disability in a job interview?

February 28, 2022 by Disability Rights Iowa

This blog references an individual opinion based on personal lived experience of the writer. The information contained within this blog is not legal advice by or on behalf of Disability Rights Iowa.

I work at a law firm for people with disabilities, a law firm that does trainings in every corner of the state. We are continually presented with questions essential to those living with disabilities, and we do our best to address those questions directly. If we can leave our audiences a bit more confident in the protections they have as people with disabilities, we have done our job. I love answering audience questions, and they are important, thoughtful…and frankly sometimes predictable. Does this building need a push plate? Do I have the right to an accommodation, to a comfort animal, to demand a new supervisor? Am I in the right?

We try to answer carefully and responsibly. I speak from my experience as an advocate and investigator. The legal team shares the important duty of looking at protections offered by the law. One question we get consistently has to do with disclosure. Should I report my disability to my employer? In discussing the American’s with Disabilities Act, this is perhaps the most popular question we receive. Nervous job seekers rightfully want to ensure they afford themselves all necessary projections, while never exposing themselves to discrimination without cause. Answering this question is a presentation all on its own, with caveats, asterisks, and all the asides that usually come with these questions. But as an advocate, if I were forced to dilute the answer down to its simplest form, it might look like this:

Title I of the Americans with Disabilities Act is designed to ensure people with disabilities do not encounter discrimination in any phase of the employment process, whether it’s in applying for or working in a position. The law requires that employers interviewing candidates ask only if the candidate can fulfill the essential functions of the job with or without reasonable accommodations. Once you establish you are capable of fulfilling those functions, no further discussion should be expected unless you, unprompted, CHOOSE to raise issues surrounding your disability.

If your disability is not readily apparent, it might make sense to hold off on disclosing until you have the job offer, even if you are confident you’ll need accommodations. This is to protect you from an employer withholding the job offer simply due to prejudices or assumptions surrounding your disability. While denying someone a position based solely on a disability is a violation of Title I, it’s difficult to prove after the fact. Once the job has been offered however, Title I of the ADA entitles you to many additional protections, including a right to an accommodation. The general rule of thumb we offer to those with invisible disabilities is to not disclose in the interview process, but to then disclose during employment should you at any point require accommodations. If you as an employee do not require accommodations, it may make sense to never disclose and thus avoid exposing yourself to potential stigma and discrimination.

While this is not legal advice, nor is it comprehensive to every situation, it does offer a safe, sensible approach to the question of disclosure, one that I would readily adopt if my disability was less immediately apparent. As a person with a disability myself, I know firsthand the fears that can come with the interview process, particularly if the need for eventual accommodations is likely. Every person has the right to decide when and if to share their disability with their employer, or anyone in their circle. Not all people with disabilities will come to the same decision and that is okay. What is important is that all people with disabilities know their rights, and the unique protections offered by the Americans with Disabilities Act.

To learn more about the ADA as it pertains to the interview process, visit: Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations

Filed Under: Uncategorized Tagged With: ADA, Americans with Disabilities Act, disability, employment, self-disclosure

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