The Backlash of Americans with Disabilities Act

The enactment of Americans with Disabilities Act (ADA) of 1990 and ADA Amendments Act of 2008 by Congress was tailored for a goal to achieve in total elimination of discrimination for all people with disabilities in the US. A dramatic difference for those of us who live with disabilities has been shown however the barriers regarding of equality and inclusion continue to exist. The Constitutional Law in regard of Equal Protection Clause for people with disabilities is not well served to provide the equality and inclusion for all on one same level within all societies including the Equal Employment Opportunity act of 1972. The only thing we see is the Civil Rights Law 1964 and Rehabilitation Act 1973 and both have been supportive for providing a tremendous success for total accessibility of services for all people with disabilities. In viewing these two for everyday life especially for me at the employment level even for the deaf, hard of hearing, deaf-blind, deaf disabled and deaf with mental disorders continue to face barriers in which prevent to achieve equally the employment goals. It is not to say that all of those mentioned are unemployed however some have found a success in various ways. Competition, challenges and the pure understanding of disability for total ability are main cores we all face with struggles and frustration to overcome. The litigation with claims to be filled for lawsuit in regard of ADA/ADAAA based on employment, health care and educational setting issues continue to be surfaced with little success or with no success. Many in regard of employment for barriers/oppression including with discrimination felt to be stagnant while they are fighting to get in a total recognition of equality, inclusion and diversity among one whole society with their own abilities.

About 17.9% of people with disabilities in generality were employed in the US as stated in year of 2016 by the US Department of Labor. On the brighter side, fewer than 40% of only deaf people with all kinds of disabilities work full time job, accordingly to the analyzes in 2016 provided by Yang-Tang Institute at Cornell University. The picture of these figures showing the differences are appalling. United States of America has everything to offer – a good educational system at universities and lots of opportunities for all type of careers made available for everyone without be based on race, immigration status with green card/special job visa, religion, sex, disability, cultures and age. The ADA/ADAAA sounds to be opportunistic to offer protection for all types of discrimination for all people with disabilities. My questionable mark brings to criticize for the point in how these acts are not able to prevent well the discrimination related with employment issues and the elimination of barriers/oppression for deaf people with all kinds of disabilities at the workforce. The challenges that these two acts pose are in the scope of judicial interpretation to have for the meaning of the term of “disability” to apply for statutory purpose instead of focusing on individual rights/needs and the idea of providing protection against discrimination in which it is intended to be limited due to the facts many companies give lots of excuses with their reasonable purposes in regard of not willing to provide financial claims or be opportunistic in securing for the future to have a total recognition of equality and inclusion. Companies often point to the facts that those with disabilities do not meet their criteria and in that view they do not see to be in discriminatory fact. Accordingly to Howard Rosenblum, CEO of the National Association of the Deaf thus mentions that proving discrimination for a deaf person can be extremely difficult. Many deaf people with various disabilities and hard of hearing people often get interviewed by companies for a job and be provided with access to interpreting services/accommodations, however most won’t consider in hiring these people in regard of their abilities and their educational/professional qualifications. The employment discrimination cases to achieve is very tough due to that companies will always continue to make up many reasons as they can in explaining their hiring decisions.

Laws are there and companies/NGOs/governments will follow as it is in these two acts no matter what. The provision, the language and its own interpretations in a limited version simply direct that no one shall ever discriminate based on all forms of disabilities and must provide reasonable accommodations without any problems. In this loophole to apply for my personal experiences and for those deaf people with all various disabilities facing the struggles to find a decent career job in the long run with hardships. To this point, we always must continue to fight in the hardest way possible even that ADA/ADAAA is not fully effective to support in providing and in recognizing the equality and inclusion at employment sector in the US. Deaf people, deaf-blind, deaf-disabled, deaf with mental disorders and hard of hearing will be always behind with the non-disabled people to achieve tremendously well. Awareness for the rights of deaf individuals with all disabilities are to show and share positive benefits providing for society on economic levels and to bring our recognition on equal basis. These are the main keys we all can do and fight for via social media, via transnational activism, via employment/educational sector and via governmental level. Be the fierce advocate and be in total activism to fight for in improving the ADA/ADAAA. It is the only way we all shall voice to bring on governmental level altogether with congressmen, lawyers, academics and advocates.

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2 Comments Leave a comment

  1. I am an American who experienced employment discrimination after I gave FMLA paperwork to the school district after intensive medical treatment. They gave me more and more work than any other teacher in order to prove I couldn’t meet their standards. They replaced me with 1FT and 1PT teacher.

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    • Wow, that’s very unfair with giving more paperwork to your than any other teacher in order to prove your needs. I believe that we all as employee in any workforce place within the NGOs, governmental agencies, institutions and so on shall treat equally the provision of any kinds of disabilities/medical reasons with total inclusion with the support of better disability rights law and employment law. We all are equal before the law no matter what!

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