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Home / Albomlar / Tag mental disabilities 4
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THE DENVER POST Saturday, September 9, 1989 [Headline] New disabled-rights bill will challenge society By Charles Green Knight-Ridder News Service WASHINGTON — When Congress banned discrimination against blacks 25 years ago, the premise of the legislation was straightforward: Blacks and other racial minorities were supposed to be treated like everyone else. Now, as Congress moves to prohibit bias against the physically and mentally disabled, it is finding that discrimination is not so easy to define. ls it discriminatory, for instance, for a department store to stock merchandise that is out of reach of a customer in a wheelchair? Is it discriminatory for an employer to reject blind job applicants who would need someone to occasionally read memos and papers to them? Is it discriminatory for a child-care center to refuse to hire someone infected with the AIDS virus? Those are some of the questions that government regulators and the courts are likely to be addressing once the Americans with Disabilities Act, which passed the Senate Thursday night, becomes law. “In terms of its impact on American society, this is going to bring an equal if not greater change to society than the Civil Rights Act of 1964,” predicted the bill’s chief Senate sponsor, Democrat Tom Harkin of Iowa. But reconciling the sweeping promises of the new legislation with the economic realities of modern American life won't be easy. “I’m not sure we're not going to be revisiting this legislation" after its effects are better known, predicted Sen. Dale Bumpers, D-Ark., chairman of the Senate Small Business Committee. The legislation still must clear the House and be signed by President Bush, but few obstacles are expected. Bush has already endorsed the measure and House sponsors predict swift consideration, starting with hearings next week. The bill holds both enormous promise for the estimated 43 million disabled Americans and countless questions for the employers, business establishments and transit operators that would have to comply with it. The bill’s promise stems from its rationale: that disabled Americans can participate more fully in society if barriers to their participation are removed. “It will be the legal and philosophical foundation on which to build a truly equal opportunity society," said Justin Dart, chairman of the President's Committee on Employment of People with Disabilities. “Equal opportunity for the disabled is wonderful. Nobody is going to argue with that, but the practical realities are that there will be large costs associated with that,” said Nancy Fulco, an attorney with the Chamber of Commerce of the United States. And, as Fulco noted, Congress wants businesses to pick up the costs. Thus far, it has included no financial assistance or tax breaks to help firms comply with the expense of complying with the disabilities bill. The bill requires employers to make workplace changes to accommodate disabled employees unless they would cause an “undue hardship." But the determination of “hardship” is left for regulators and the courts to decide. Likewise, businesses must be made accessible to disabled customers so long as the alterations are “readily achievable,” another standard that will be left for regulators and courts to determine. The changes won't be required at once. Many provisions will not take effect for two years after enactment. Even so, it could take years for businesses to sort out what’s required and for the disabled to begin feeling the impact of the law. “There's no doubt in my mind that the first time some businesses find out about this is when they‘re slapped with a lawsuit," said Fulco. "Small businesses will have to hire an attorney to tell them what they should be doing or not doing.“
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THE DENVER POST / NATIONAL Friday: September 9, 1989 [Headline] Senate approves bill to guarantee rights of disabled By Knight-Rldder News Service WASHINGTON — An estimated 43 million America with disabilities won a major victory last night as the Senate approved a landmark bill aimed at moving them into the nation’s social and economic mainstream. The Senate, on a 76-to-8 vote, passed legislation that would extend for the first time sweeping civil rights protections to persons with hearing impairments, epilepsy, AIDS and dozens of other physical and mental disabilities. The measure, which now goes to the House for expected approval, would ban discrimination in the hiring of the disabled; require businesses, shops and transit systems to make their facilities more accessible to the wheelchair-bound; and force telephone companies to provide special operators for the deaf. The bill was endorsed last month by President Bush, and administration lobbyists joined advocates for the disabled yesterday in opposing efforts to modify the legislation to meet business objections that it will be too costly to small firms. Business leaders warned that the measure could put some employers out of business if.they were required to make expensive structural changes in their buildings to accommodate disabled customers and workers. Critics also said the compliance provisions of the bill were vague and would result in years of litigation in federal courts over what constituted discrimination against the disabled. Major provisions of the Americans with Disabilities Act would: * Prohibit employers from discriminating against qualified job applicants with disabilities. Changes to accommodate the disabled in the workplace would be required unless they would cause an “undue hardship," a term critics say is too vague. * Require new business establishments to be accessible to the disabled and require existing establishments be made accessible if the alterations are “readily achievable." * Require new buses and trains to be equipped with wheelchair lifts. * Require telephone companies to provide operators who could relay messages from the deaf to hearing individuals. Deaf persons can communicate with each other by telephone now by using Telecommunications Devices for the Deaf (TDDs), but can't communicate with people who don't have the TDDs. “We’re not asking for special treatment," said Pat Wright, government affairs director of the Disability Rights Education and Defense Fund Inc. “Whether it’s putting a ramp in or providing a reasonable accommodation in employment, it makes you equal, not special." The bill, as originally written, would have exempted Congress from its provisions — but that exemption was deleted during debate. And in another concession to the intense interest of the disabled in the measure, the Senate for the first time allowed an interpreter using sign language to translate the televised proceedings of the floor debate so that the deaf and hearing impaired could follow the action. Extending civil rights protections to people with AIDS or the AIDS virus had been recommended by a Reagan administration commission on AIDS, but was opposed by President Reagan himself. Bush, however, has supported the protection. The bill bars employment discrimination against persons with AIDS but does permit employers to deny jobs if the employee poses a significant risk of transmitting the infection to others. However, homosexuals are not covered by the legislation. They can still be discriminated against solely on the basis of their sexuality. After an inquiry by Sen. Jesse Helms, R-N.C., sponsors agreed to delete transvestites from nation protections. Helms also raised questions about providing protection to schizophrenics, manic-depressives and psychotics, but their status remained intact in the measure.
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Rocky Mountain News Weds., May 23. 1990 (There are 2 articles here. The first article starts here on 567 and continues on 565, the whole story is included here for ease of reading. The second article comes after the first one.) WORLD & NATION News Editor 892-2634, John Davidson, National Editor 892-2731 Clifford D. May, International Editor 892-2739 House OKs rights bill for disabled Measure would ban discrimination Scripps Howard News Service WASHINGTON — The House yesterday passed legislation to outlaw discrimination against 43 million disabled Americans. The 403-20 vote in favor of the bill, regarded as the most sweeping civil rights legislation in a quarter-century, sends it to conference with the Senate, which passed its version 76-8 last fall. The measure is backed by President Bush, who campaigned on the Americans with Disabilities Act in the 1988 presidential race, when few voters had heard of the bill. Rep. Steny Hoyer, D-Md., who shepherded the legislation through the House, hailed it as “the most significant civil rights legislation since the Civil Rights Act of 1964.” The 1964 law barred discrimination based on race, sex, religion, color or national origin in private employment, public accommodations and government service. The Americans with Disabilities Act would extend civil rights protections to the disabled as well. Passage came despite opposition from business groups, which have complained about the potential for lawsuits along with the cost of adapting offices, plants and stores for disabled workers and customers. Sponsors counter that keeping the disabled out of the economic mainstream costs $170 billion a year in government benefits; they say this bill has been changed to take account of business concerns: Companies with 25 or more workers would have two years to comply with the employment provisions, with four years allotted firms with as few as 15 workers. To ease the expense of making smaller stores, restaurants and other public accommodations accessible to the disabled, the House voted to give small businesses at least two years to conform and exempted firms with fewer than 10 workers for 30 months. In Colorado According to Randy Chapman, director of Legal Services for The Legal Center Serving People with Disabilities. the expected passage or the American Disabilities Act will affect the state in three key ways: protect people with mental disabilities, allow disabled people to collect attorneys fees when challenging discrimination and require private businesses to provide reasonable accommodations for people with disabilities. A state law protecting people with mental disabilities is expected to take effect in about a year, but a federal law would take effect immediately, he said. Chapman said businessmen's fears that the law will cost them in litigation and renovations are somewhat unfounded. "Most (businesses) need little or no accommodations . . . and there was substantial litigation when a similar law (for employers receiving federal funds) was passed." Michael Auberger, co-director of the Colorado-based Atlantis Community for disabled citizens, said, "The law will open up the job market, the retail market . . . it will make us a legitimate class that has protection under the law that we never had before." —- Diane Goldie
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USA Today Friday March 16, 1990 USA Today USA TODAY hopes to serve as a forum for better understanding and unity to help make the USA truly one nation." —Allen H. Nouharth, Founder, Sept.15,1982 Peter S. Prichard, Editor John Seigenthaler, Editorial Director Cathleen Black, Publisher Thomas Curley, President DEBATE The USA's disabled deserve simple justice Jennifer Keelan is an 8-year-old who knows how to get where she wants to go. Afflicted with cerebral palsy, Jennifer has trouble moving around. But Monday afternoon in Washington, she crawled hand-over-hand up the 83 steps leading to the U.S. Capitol, eventually reaching the top. No members of Congress threw obstacles in her path. None stood in her way. But in the eyes of Jennifer and about 60 others who abandoned their wheelchairs to make the Capitol climb, they might just as well have. By failing to protect the disabled from discrimination, they say, Congress is allowing others to throw obstacles in their path every day. They want Congress to stop yakking and start voting on the Americans with Disabilities Act, sweeping legislation that would do for the disabled what the civil rights legislation of the 1960s did for minorities and women. The legislation passed the Senate last year. It has the support of the president. But the House of Representatives, lobbied hard by business interests that fear the bill's costs, just can't seem to get its part of the job done. Justice demands that the stalling end. Today, people in wheelchairs lose job opportunities because they can’t get to work on public transportation. The deaf are often shut off from society because telephones aren't properly equipped. People with mental disabilities are denied jobs by employers who wrongly assume they can't do them. Too often, the only response is: What do they expect? Society can't make them well again. The disabilities act has a better, more sensitive response: * lt bans discrimination against both the mentally and physically disabled. * It requires employers to make “reasonable accommodations" for the handicapped. * It ensures access to bus and rail systems. * It mandates full telephone access for the deaf. * It demands that public accommodations, ranging from hotels to coffee shops to bowling alleys, try to provide equal access for the disabled. Those goals cannot be achieved easily or cheaply. As you can read across this page, they will mean new costs and inconveniences for businesses. New equipment may be needed. Structural alterations may be required. Plans for new building may be altered. Those concerns deserve consideration. But they are not adequate reasons to delay any longer. The legislation specifies that employers not be forced to endure undue hardship. It says the only changes that are required are those that are readily achievable. It affords time to make changes — as long as 30 years in some cases. Every day that Congress delays is another day that obstacles can be thrown in Jennifer Keelan's path. And she, just like the rest of us, deserves every opportunity to reach the top. CARTOON (by David Seavey, USA Today): Little person in an old manual wheelchair on a long scroll of paper with "Access Laws" written on it. Scroll makes a kind of ramp up a set of stairs to a large fancy building that looks like a government building. QUOTELINES "What am l required to do if I have three employees with different disabilities and six customers come into my business who are hearing-impaired, all of whom need sign-language interpreters?" -- Kenneth Lewis, disabled accounting-firm owner "What we did for civil rights in the '60s. we forgot to do for people with disabilities." -- Rep. Pat Schroeder, D-Colo. "Yes. there are costs associated with this bill, but these costs are manageable." — Rep. Norman Mineta, D-Calif. “lt will reach the floor, we will have a conference with the Senate, and it will become law." -— House Speaker Thomas Foley, D-Wash.