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Disabled People

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Matthew Jaroncyk

on 13 March 2018

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Transcript of Disabled People

Civil Rights Product
Rehabilitation Act of 1973

-Replaced the Vocational Rehabilitation Act of 1998
-Helps extend and revise the authorization of grants to states for places the offer services to help individuals with terrorizing disabilities
-Expands special federal responsibilities for researching training programs for disabled people
-Create a relationship between state vocational rehabilitation programs and workforce investment activities.
-This part of the act (mentioned above) was carried out under title I of the Workforce Investment Act
-Establishes special responsibilities for the Secretary of Education to coordinate all activities and programs that were provided by the federal government.
-Established the Access Board, known before as the Architectural and Transportation Barriers Compliance Board

Americans With Disabilities Act of 1990
Passed in 1990 by Congress
Nation's first comprehensive civil rights law
Addresses important needs for protection of disabled people from:
-discrimination in employment
-public services
-public accommodations
- telecommunications
Had four titles (Title I, Title II, Title III, and T) that were enforced by the EEOC

Title I: Employment
-consisted of employment discrimination provisions
-took 2 years to put in effect, due to Commission time to develop regulations and technical assistance, time to conduct comprehensive public education programs on the new law, and time for employers to adjust to the new requirement.
- prohibits employers with 15 or more employees from disability discrimination in hiring, promotions, training, and other privileges of employment
- forbids asking questions about an applicant's disability
-requires that employers make a reasonable accommodation to disabled people working, unless it results in hardships

Title II: State and Local government activities
-requires state and local governments to provide an equal opportunity to the disabled to benefit from all of their programs, services, and activities.
-State and local governments must follow certain construction protocols, relocate programs or provide access in inaccessible older buildings, and must communicate effectively with people with disabilities.
-They are required to make necessary modifications if needed unless the disabled person is willing to do a task by themselves

Title II: Public Transportation
-Free transportation for disabled people
-Public transportation authorities may not discriminate against disabled people while doing their services.
-Companies must understand requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and provide paratransit where they operate fixed-route bus or rail systems.

Title III: Public Accommodations
-Covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities.
-Public accommodations must prohibit segregation, unequal treatment, and exclusion
-Requires for modifications to disabled people in public accommodations if necessary
- Public accommodations must make it easy for disabled people to access the building and willing to help the disabled person if necessary

Title IV: Telecommunications
-Requires telephone companies to establish interstate telecommunications relay services (TRS) 24/7
-TRS must make modifications to disabled people with hearing and speech disabilities-Requires closed captioning of federally funded public service announcements to disabled people
What are some examples of laws that protect disabled people ?
By: Matthew Jaroncyk
What are some examples of laws that protect disabled people ?
What are some examples of laws affecting disabled people?
Education for All Handicapped Children Act of 1975 (EHA)
-Allows handicapped children in public schools to get one free meal each school day
-Disabled children will have just access to an education just like every other kid has
-Teachers must make a lesson plan for disabled kids
-
Goal
- to make lesson plan as similar as they could to normal students, remembering that they go as fast as they can learning
Act was designed to give disabled children a chance to learn & get an education no matter how they are like
-Changed to the Individuals with Disabilities Education Act in 1990
-Before this was created, disabled children were not getting any kind of education.
-There were some 1 million disabled children that had no education before. Now, more than 6 million disabled children are getting the education that they need.


National Voter Registration Act of 1993/ "Motor Voter Act"
-Main goal of Act
- increase the amount of disabled people and minorities voting, due to past discrimination
-Allows for disabled people exercise their rights to vote
voter registration forms
transmit completed forms to the appropriate State official
-Allows the Department of Justice to bring civil actions in federal court to enforce its requirements
-Gives the responsibility to the Federal Election Commission (FEC) to provide States with:
-Motor Voter Act- requires all offices of State-funded programs to provide services to disabled people for all program applicants with:
Guidance on the Act
Creating a national mail voter registration form
Compiling reports on the effectiveness of the Act
What are some court decisions that affected disabled people
Fry vs Napoleon Community Schools (2017, surprisingly)
-E.F (daughter of the Frys’) was born with cerebral palsy and was supposedly provided a service dog to help with her everyday tasks.
-Her school provided her with a human aid rather than a service dog because her Individualized Education Plan (IEP) under the Individuals with Disabilities Education Act (IDEA) did not allow her to bring her service dog to school.
-The Frys' sued the school, the principal, and the school district, claiming that they violated the Americans with Disabilities Act (ADA), the Rehabilitation Act, and state disabilities laws.
-The district court granted the school district to dismiss the case because the claims didn’t involve IDEA, which required plaintiffs to exhaust all administrative remedies before suing under the ADA and Rehabilitation Act.
-The Frys appealed and argued that the this requirement did not apply because they were seeking damages, which IDEA did not provide.
-In the end, the Supreme Court ruled in favor of the school district in an 8-0 decision, claiming that IDEA does not require administrative remedies before suing under the Americans with Disabilities Act if the plaintiff’s claims are not based on seeking relief for the denial of a free and appropriate public education

Toyota Motor Manufacturing, Kentucky Inc. vs Williams (2002)
-In 1997, Toyota Motor Manufacturing, Kentucky, Inc. terminated Ella Williams after citing her poor attendance record.
-Williams claimed to be disabled from doing her job on the assembly line due from carpal tunnel syndrome and related impairments.
-Williams sued Toyota for failing to provide her with reasonable accommodations that was outlined by the Americans with Disabilities Act of 1990.
-Granted a trial, the District Court held that Williams's impairment did not qualify as a disability under the ADA because it had not limited her life in any way and that there was no evidence that Williams had a record of a substantially limiting impairment.
-After Williams appealed the case, the Court of Appeals found that there were impairments limiting her life, due to her ailments preventing her from doing the tasks associated with certain types of manual jobs that require the gripping of tools and repetitive work with hands and arms extended at or above shoulder levels for extended periods of time.
-In the end, the Supreme Court ruled in favor of Toyota, claiming that he Court of Appeals did not apply the proper standard in making its decision, since they did not ask Williams whether impairments prevented or restricted her from performing tasks that could impact her life.

What are some events affecting disabled people?
Protests by disabled people outside Senate Majority Leader Mitch McConnell’s office (2017)
-60 protesters from ADAPT (a disability rights organization) were wheeled out of Mitch’s office after they heard what the Republicans released their current healthcare plan.
-They were doing a protest known as “die-in”, where they would go near and/or in McConnell’s office and throw lie down on the floor
-This was used to protest the legislation in generating cuts to the Medicaid services used by many disabled individuals.
-Police threatened the protesters to move, but they didn’t so they were picked up and wheeled out of the office and arrested (43 were)
-While getting wheeled out of the office, they were yelling phrases, like “Don’t mess with my Medicaid!”
-However on the other hand, Senator McConnell did write the bill in private without anyone knowing about it, so they have a right to protest
=This showed protesters to stand up to what they believe in and don’t be afraid to speak out your opinion for others who have disability.

-After Donald Trump insulted and mocked disabled people, the number of disabled people joining the Women’s march will be the most in US history
-On the campaign trail, Trump insulted disabled people in many ways, such as:
Speeches
Tweets
Imitating a disabled reporter
-Because of Trump’s actions towards disabled people, there was a reportedly 45,000 disabled joining this march, which is the most in human history
-This shows how people can come together over something done wrong and show that actions like these are wrong to do

Women's march expected to have largest amount of people with disabilities in US history (2017)

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