Disability Policy: United States

In the United States, as in other countries, individuals with disabilities have historically lagged behind the remainder of the population in terms of key socioeconomic indicators and have been excluded from full— and often even partial—participation in society. And, like other countries, the United States has struggled to find the correct mix of policies to bring people with disabilities into the larger society and to equip them to participate meaningfully.

The United States first addressed disability as a health issue and attempted to ameliorate the circumstances of people with disabilities through treatment and care. In the past 30 years, however, policy has shifted. Instead of viewing disability as a medical condition that inherently prevents full engagement in society, today's policies view society as an institution that has discriminated against those with particular medical conditions. Thus, disability law in the United States today focuses on preventing discrimination based on disability and breaking down the structural barriers to full participation.

A cautionary note: Disability policy in the United States is a dynamic mixture of federal and state laws, regulations, and cases. Often states are on the cutting edge, forcing the national government to catch up. Sometimes the opposite is true. This entry, however, focuses on federal laws, which must be dealt with in all jurisdictions. Moreover, the scope of this entry is limited in that it ignores much substantive disability law and the compelling policy issues that arise in connection with those laws. This article, for example, focuses on the Americans with Disabilities Act's efforts to erase those impediments to full participation in society that exist today. Much thought, however, has gone into the ADA's role in ensuring that new obstacles to full participation do not develop as society changes. One of the most fascinating current issues involves how the ADA's mandates should function with respect to the accessibility of new technologies such as the Internet. Thus, though this entry explores the basics of disability policy, it leaves much uncovered.

The farthest-reaching statement on disability law and policy is found in the Americans with Disabilities Act of 1990 (ADA). In broad terms, the ADA extended to the private sector employment requirements placed on the federal government and federal contractors by the Rehabilitation Act of 1973. It also mandated access to public services—with special emphasis on transportation—and to “public accommodations and services provided by private entities.” This includes everything from hotels and amusement parks to laundromats.

Although the ADA has a broad focus, the component that is perhaps central and that has stirred debate is the accommodation mandate with respect to private employment embodied in Title I of the act. This title places much (but not all) of the initial cost of integrating people with disabilities into the workplace on the private employer. Academics have criticized the approach as inefficient and ineffectual, though whether either is true remains to be seen. Given the centrality of employment as a tool of economic independence and as a route to social integration, the [Page 469]success or failure of Title I may announce the success or failure of the ADA.

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