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Americans with Disabilities Act (ADA)
Transcript of Americans with Disabilities Act (ADA)
Cenadra Gopala-Foster & Gisselly Astwood Perez
AP Government & Politics
Provisions of the Americans with Disabilities Act
- Title I of the ADA takes into regard the employment of those with disabilities. It defines disabilities, disability coverage, employer obligations, and protects the overall rights of those with disabilities
- Title II extends these protections to the state and local governments and covers the access of people with disabilities to public transportation.
-Title III covers their access to public accommodations and transportation provided by private agencies
-Title IV makes telephone communication services available to those who are hearing or speech impaired
-Title V is a technical provision regarding cancellations and overrides, as well as the prohibition of coercion and retaliation in order to interfere with the disable person's rights
Issues with Federalism:
The Act's Passage
- The Americans with Disabilities Act of 1990 was passed July 26, 1990. It was authored by US senator Tom Harkin and signed into law during George H.W. Bush’s presidency.
The issues with federalism and the Americans with Disabilities Act (ADA) were the states' reluctance to comply with federal government, and follow through with the mandate with the sufficient funds from the federal government.
Making the US Congress the dominant role in creating and enforcing nondiscrimination mandates to protect the rights of people with disabilities.
Positions of Major Think Tanks:
Why was it passed?
- The rationale behind this law was to prevent discrimination of American citizens on the basis of disability. This law was passed because people with disabilities were not receiving any governmental or public help in areas where they clearly could not help themselves such as public transportation access. Because of their disabilities they were also not finding employment.
Support and Opposition
- The main opponents for this act were primarily business and religious groups. Because religious institutions were labeled public accommodations, many religious groups opposed the expansive costs of making structural changes for disability access. Business groups also opposed the costs of the ADA in making businesses equally accessible. They felt that the changes the act required would hardly make the lives of those with disabilities any easier.
One of the biggest pros for the ADA is the increase of jobs for Americans. We confront record high levels of unemployment and these underlying trends toward income inequality. At the same time, the current fiscal situation poses significant risks to the future well-being of American workers. But with anti-discrimination acts, such as the ADA it allows the Americans worker have a better chance to get a job.
Was it Controversial? Was it easy to Pass?
- This piece of legislation was slightly controversial seeing as religious groups and business groups highly opposed it. Although it did receive some opposition many current disability activists see the “Capitol Crawl” as playing a large role in forcing the act’s passage. In this movement, several American citizens all with disabilities abandoned their crutches and wheelchairs and proceeded to crawl up the capitol building yelling for their rights. Many who could not make their way up, remained at the bottom of the building also yelling and holding up signs. The ADA passed with a 76-8 vote in the Senate.
Positions of Major Think Tanks
Ratification of the CRPD is unnecessary to benefit persons with disabilities living the US. As conceded by the treaty's proponents the US already has a wide range of federal laws that protect and advance the cause of Americans with disabilities. Major pieces of legislation include the Rehabilitation Act of 1973, the Americans with Disabilities Act.
Positions of Major Think Tanks
ADA is a striking example of the law of unintended consequences. ADA has reduced employment opportunity only for disabled people as a whole but especially for the vulnerable groups-the young. Less educated and mentally disabled groups find it most difficult to get jobs.
issues with federal and state governments
City governments may believe that their existing programs and facilities are protected by the grandfather clause from having to comply with the requirements of Title II of the ADA. Small municipalities may also believe they are exempt from complying with Title II because of their size.
Since the passage of the 1990, NCD has continually reviewed the implementation of the ADA to determine its effectiveness in advancing the civil rights of Americans with disabilities. The preliminary findings of NCD's ADA Impact study indicate that significant strides have been made in such area as transportation an accessible public facilities, including restaurants, theaters, stores, and museums.