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Discrimination

People with disabilities have the same rights as all others. At various times in the past, however, people with disabilities were not afforded the same rights as others. This led to discrimination and exclusion. In the United States, laws have been passed to enforce the rights of people with disabilities and to overcome the barriers that place people with disabilities at risk of discrimination. People with disabilities have been denied basic services like education, employment, housing, and have been vulnerable to abuse and violence.

Nazi Propaganda

As recently as 1945 in Germany, Hitler?s Nazi regime labeled people who were blind, physically or mentally impaired or deaf as "useless eaters" and "lives not worthy of life" (Day of Remembrance 1999) and led a genocide campaign that resulted in the extermination and sterilization of millions of people with disabilities (Burleigh 1994). A sample of the propaganda used in this campaign is found in Figure 1.

Nazi Campaign (Nazi Germany version of eugenics propaganda) "You are bearing this too," informing the German worker that a person with disabilities costs 50,000 RMS to maintain until he or she has reached the age of 60. (from Death and Deliverance - Euthanasia in Germany 1900-1945 by Michael Burleigh)

Fetus Screening

In the United States, before fetus screening, many parents who had babies with mental retardation decided to have the hospital withhold food and medical treatment so the baby would die (Maxim 1999). Since the 1980s nearly nine out of ten parents who are told that their baby may be born with downs syndrome decide to abort the fetus (CDC MMMR Weekly 1994).

In the United States and throughout most of the world, there is a longstanding and socialized practice of prejudice, human rights violations and abuse against people with disabilities. A sample of the practice of prejudice in the U.S. is illustrated by the pamphlet showing the views held about people with developmental disabilities in 1915 in Cincinnati. (next page)

Figure 2.

"Cincinnati's Problem," 1915. Cover of The Feeble-Minded, a pamphlet distributed by the Juvenile Protective Association of Cincinnati. (Courtesy of the Ohio Historical Society - from Inventing the Feeble Mind - A History of Mental Retardation in the United States by James W. Trent, Jr.)

Overcoming Prejudice

Countering this longstanding prejudice, violation of basic human rights and abuse is a growing self-advocacy movement established by people with disabilities. Thankfully, the movement is beginning to overcome some of the deep seeded prejudice people with developmental disabilities have endured in the past. This movement calls for civil justice and meaningful social change. The American?s with Disabilities Act gave the movement its legitimacy and ability to bring change to traditional social practices.

Social Acceptance

The growing social acceptance of people with developmental disabilities has impacted the lives of people with disabilities in new and positive ways. The old notion that people with disabilities are different from other people, that they have something wrong with them is being replaced with the idea that everyone is unique and has gifts and abilities to share. When we focus on the gifts that people have to share instead of their deficits we improve and enrich our homes, communities, churches and workplaces. This change in view about where people with developmental disabilities belong and what they have to contribute started to shift significantly in the early 1990s. The paradigm shift is illustrated by a number of popular shows and movies advocating the view that people with developmental disabilities are valuable members of family and society.

Figure 3

LIFE GOES ON televised from 1989-1993. The television show chronicled the life of Corky (played by Chris Burke) a young man with Downs' Syndrome, and the lives of those in his immediate family. Movies also illustrated the valued roles people with disabilities play in real life and saw some of our greatest and most respected actors playing people with disabilities.

Full Citizens

The view that people with disabilities are full citizens with equal rights to education, to procreate, to own property, to access courts of law, to vote, to have civil rights protected and to have equal access to employment is vital to the experience of being equal. A common term for the laws that have been passed to enforce the rights of people with disabilities is ?disability rights?. These laws do not provide extra, separate or special rights for people with disabilities; the laws provide enforcement of rights to prevent discrimination of people with disabilities exercising their basic rights. These laws were necessary to reverse the stigma against people with disabilities.

Connie Martinez

Disability rights have the goal that people with disabilities will be respected, free, autonomous, and accepted by society. It is very important to people with disabilities that society learns to see past the disability to fully accept the person. If we listen closely to the stories people with disabilities tell and attempt to understand how they experience the world, we learn what ?disability rights? means in human terms. One self-advocate who has spoken out nationally about disability rights is Connie Martinez; she explains her experience as:

"There was something inside me hungry to be free...The first thing for the professionals and the parents to understand is that we can have a good quality of life if we have control over our own lives and if we have the help we need to keep that control and independence in our own lives... We have to take back control of our lives from the keepers, from the professionals... My parents always had a dream for my brothers and sister for when they grew up, but nobody ever had a dream for me, so I never had a dream for myself. You can never have a good life if nobody ever has a dream for you unless you learn to have a dream for yourself. That?s what I had to do, and now I have a dream for myself: a little casa, a garden with flowers and pepper and tomatoes, a loved one to share my life with--and more..." (Connie Martinez 1990, 3,4 and 6).

Laws

The laws that have been passed to protect the rights of people with disabilities and to limit discrimination include:

• The Individuals with Disabilities Education Act (IDEA)
• The Rehabilitation Act
• The Americans with Disabilities Act (ADA)
• The Developmental Disabilities Assistance and Bill of Rights Act
• The School to Work Opportunities Act
• The Fair Housing Act
• The Civil Rights of Institutionalized Persons Act
• The Telecommunications Act
• The Voting Accessibility for the Elderly and Handicapped Act

Individuals with Disabilities Education Act (IDEA)

For instance, prior to the Education for Children with Handicaps Act of 1974, now part of the Individuals with Disabilities Education Act (IDEA), many children with mental retardation did not have the option of attending public school. Many children had to leave their families and live in public and private institutions because there were no other support services available for parents.

The IDEA requires public schools to provide children with disabilities a free education in the least restrictive environment appropriate to their individual needs. If parents disagree with the proposed individual education plan they can request a hearing and a review from the State educational agency. They can appeal the State agency?s decision to the State or Federal court. For more information, contact:

    Office of Special Education Programs
    Office of Special Education and Rehabilitative Services 
    U.S. Department of Education
    400 Maryland Avenue, S.W.
    Washington, D.C. 20202-7100

OSER Web Link

(202) 205-5507 (voice/TTY)

Rehabilitation Act

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal assistance, in Federal employment, and in the employment practices of Federal contractors. Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch.

Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.

Section 504 states that ?no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under? any program or activity that receives Federal financial assistance or is under Executive branch. For information on how to file 504 complaints with the appropriate agency, contact:

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Disability Rights Section ? NYAV
    Washington, D.C. 20530

    (800) 514-0301 (voice)
    (800) 514-0383 (TTY)

www.ada.gov

Section 508

Section 508 of the Rehabilitation Act requires federal electronic and information technology to be accessible to people with disabilities. For more information on Section 508, contact:

    U.S. General Services Administration
    Center for IT Accommodation (CITA)
    1800 F Street, N.W., 
    Room 1234, MC:MKC
    Washington, DC 20405-0001

    (202) 501-4906
    (202) 501-2010

www.section508.gov

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment. To be protected by the ADA, one must have a disability that limits one or more major life activities. Title I of the act prohibits employers with 15 or more employees from discriminating in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. Title I requires employers to make reasonable accommodations to physical or mental limitations.

Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charges are filed with a designated State or local fair employment agency. Individuals may file a lawsuit in Federal court only after they receive a ?right-to-sue? letter from the EEOC. To find the EEOC in your area contact:

    (800) 669-4000 (voice)
    (800) 669-6820 (TTY)

www.eeoc.gov

Americans with Disabilities Act (ADA), Title II

Title II of the ADA covers state and local government regardless of the entities size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. For more information on how to make a complaint, contact:

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Disability Rights Section ? NYAV
    Washington, D.C. 20530

    (800) 514-0301 (voice)
    (800) 514-0383 (TTY)

www.ada.gov

Americans with Disabilities Act (ADA), Public Transportation

Title II of the ADA also covers public transportation and prohibits discrimination on city buses. For more information on how to make a complaint, contact:

    Office of Civil Rights
    Federal Transit Administration
    U.S. Department of Transportation
    400 Seventh Street, S.W.
    Room 9102
    Washington, D.C. 20590

    (888) 446-4511 (voice/relay)

Americans with Disabilities Act (ADA), Title III

Title III of the ADA covers businesses and nonprofit service providers that offer certain types of courses and examinations, transportation services and commercial business. The businesses must comply with basic nondiscrimination practices and must make reasonable modifications to policies, practices, and procedures and provide effective communication with people who have hearing, vision or speech disabilities. For more information on Title III or how to make a complaint contact:

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Disability Rights Section ? NYAV
    Washington, D.C. 20530

    (800) 514-0301 (voice)
    (800) 514-0383 (TTY)

www.ada.gov

Americans with Disabilities Act (ADA), Title IV

Title IV of the ADA requires telephone and television companies to establish relay services that enable callers with hearing and speech disabilities to use telecommunications devices for the deaf (TDDs), also known as teletypewriters (TTYs) and to provide relay operators for callers using voice telephones. Title IV also requires publicly funded service announcements to have closed captioning. For more information contact the FCC at:

    Federal Communications Commission
    455 12th Street, S.W.
    Washington, D.C. 20554

    (888) 225-5322 (voice)
    (888) 835-5322 (TTY)

www.fcc.gov/cgb/dro

Developmental Disabilities Assistance and Bill of Rights Act

The Developmental Disabilities Assistance and Bill of Rights Act addresses the needs of people with developmental disabilities by creating opportunities for full citizenship through funding University Affiliated Programs, protection and advocacy systems, and demonstration projects. This act emphasizes the capacities of people with developmental disabilities and recognizes the primary role that family, friends, and neighbors can play in enhancing the lives of people with developmental disabilities.

School to Work Opportunities Act

The School to Work Opportunities Act attempts to assure that every student will receive a meaningful education that will adequately prepare them for a role as a productive adult once they leave the public school system.

Fair Housing Act

The Fair Housing Act prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. The act applies to all types of housing and makes it unlawful to discriminate in any aspect of selling or renting housing due to disability. The act also requires owners to make reasonable exceptions to policy to afford people with disabilities equal housing opportunities. For example, making an exceptions to ?no pets? policies for people requiring service animals. To register a complaint of a violation or to request more information, contact:

    Office of Program Compliance and Disability Rights
    Office of Fair Housing and Equal Opportunity
    U.S. Department of Housing and Urban Development
    451 7th Street, S.W., Room 5242
    Washington, D.C. 20410

    (800) 669-9777 (voice)
    (800) 927-9275 (TTY)

www.hud.gov/offices/fheo

Civil Rights of Institutionalized Persons Act

The Civil Rights of Institutionalized Persons Act authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions such as public nursing homes, and institutions for people with developmental disabilities. If investigations uncover problems that seriously jeopardize the health and safety of residents of institutions the Attorney General may initiate civil lawsuits to protect constitutional rights of people with disabilities. For more information, contact:

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Special Litigation Section ? PHB
    Washington, D.C. 20530

    (877) 218-5228 (voice/TTY)

www.usdoj.gov/crt/split

Telecommunications Act

The Telecommunications Act requires manufacturers of telecommunications equipment and services to assure that equipment and services are accessible to and usable by persons with disabilities. For more information, contact:

    Federal Communications Commission
    455 12th Street , S.W.
    Washington, D.C. 20554

    (888) 225-5322 (voice)
    (888) 835-5322 (TTY)

www.fcc.gov/cgb/dro

Voting Accessibility for the Elderly and Handicapped Act

The Voting Accessibility for the Elderly and Handicapped Act requires polling places to be physically accessible to people with disabilities for federal elections and voting aids for elderly and people who are deaf. For more information, contact:

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Disability Rights Section ? NYAV
    Washington, D.C. 20530

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Voting Section ? 1800 G
    Washington, D.C. 20530

    (800) 514-0301 (voice)
    (800) 514-0383 (TTY)

    (800) 253-3931 (voice/TTY)

www.ada.gov

General rights and protections

People with disabilities should have the expectation that they will be treated well when working with agencies that provide benefits or services. For example, if you are requesting services or benefits from the Social Security Administration, Medicaid or Medicare programs, State Office of Rehabilitation, State Division of Services for People with Disabilities, School District or State Division of Workforce Services you have the right to:

• apply and reapply for services;
• be treated with courtesy, dignity and respect;
• prevent an investigator from entering your home without permission;
• receive written notice of any change effecting your benefits, including notice that your application has been approved or denied;
• a conference with an agency representative or director and a fair hearing if you disagree;
• review your record, state statutes, rules and procedures

If you feel that your rights have been violated, most agencies have an ombudsman or constituent services representative who will handle your compliant. If it is a state agency and you are not satisfied with the response you received from the agency representative, contact the constituent services representative for the Governor of Utah.

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