THE AMERICANS WITH DISABILITIES ACT
In the ADA [Americans with Disabilities Act], Congress determined, as apparently did the Executive [branch], that section 504 simply was not working as a means of eradicating discrimination and segregation in this country. Congress found that, even though section 504 had been law for seventeen years, "society has tended to isolate and segregate individuals with disabilities, and despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem."
In 1985, the National Council on Disability released a study entitled "Toward Independence." This study highlighted discriminatory programs, practices, and policies that promote and maintain the dependency of people with disabilities on government and society's charity. Congress further studied the status of Americans with disabilities and made the following findings:
- Forty-three million Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;
- Historically, society has tended to isolate and segregate individuals with disabilities;
- Discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
- Unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
- Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion; the discriminatory effects of architectural, transportation, and communication barriers; overprotective rules and policies; failure to make modifications to existing facilities and practices; exclusionary qualification standards and criteria; segregation; and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; Census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
- Individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypical assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;
- The Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency; and
- The continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.