Kara Sears
The disability rights movement has a long history, with activism dating back to the 1800s. The first disability law was enacted in 1776, following the Revolutionary War, when servicemen with significant injuries or disabilities were financially supported by the first pension law, enacted by the Continental Congress. This law provided half pay for life or during disability to every officer, soldier, or sailor who lost a limb or was disabled in service. Since then, numerous laws have been passed to protect and promote the rights of people with disabilities, including the Americans with Disabilities Act (ADA) in 1990, which is considered the movement's greatest legal achievement.
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What You'll Learn
The first pension law
The first disability pension law was enacted by the Continental Congress on August 26, 1776, following the Revolutionary War. This law provided financial support to servicemen who had suffered significant injuries or were unable to provide for their households. Under this law, officers, soldiers, or sailors who lost a limb or became disabled in the service of the United States were entitled to half-pay for life or during their disability.
The issue of pensions for Civil War veterans was later discussed in the 1860s, and a basic system was established in 1862. This system granted pensions to soldiers who could provide proof of their military service and a disability incurred while serving. Pension money could be collected from the date of discharge if claims were filed within a year.
In 1879, the Arrears of Pension Act addressed the issue of back payments for Union veterans. This legislation allowed all Union veterans to reapply for their pension and receive payments from the date of their discharge, regardless of their previous application status. This led to a significant increase in pension expenditures for the federal government.
The first comprehensive pension disability bill was drafted in 1887 but was vetoed by President Grover Cleveland. This bill would have granted all eligible veterans a $12 monthly pension, regardless of the origin of their disability. However, it also required applicants to prove financial dependence on another source.
Finally, in 1890, the Dependent and Disability Pension Act was passed by Congress and signed into law by President Benjamin Harrison. This act provided pensions to all veterans who had served at least ninety days in the Union military or naval forces, were honorably discharged, and were unable to perform manual labor due to a disability. This law did not consider the financial situation or the timing of the disability's occurrence.
While the 1890 law was a significant step forward, the fight for disability rights and inclusion continued into the 20th century. The Architectural Barriers Act of 1968 required all federally owned or leased buildings to be accessible to disabled people, and the Education for Handicapped Children Act of 1975 guaranteed a free and appropriate public education for all children with disabilities. The Americans with Disabilities Act (ADA) of 1990 was a major civil rights law that prohibited discrimination against people with disabilities in various aspects of public life. These laws, along with the dedicated efforts of disability activists and organizations, have shaped the disability rights movement in the United States.
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The Education for Handicapped Children Act
The Act required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities. It guaranteed a free, appropriate, public education for all children with disabilities, with an emphasis on creating an educational experience that closely resembled that of non-disabled students. Schools were mandated to evaluate the special needs of children with disabilities, develop an individualised education program, and involve the child's parents in the process. This evaluation and planning process aimed to ensure that each child received an education that met their unique needs and allowed them to learn alongside their non-disabled peers as much as possible.
The Act also established mandatory dispute resolution procedures, requiring school districts to implement administrative procedures that allowed parents of disabled children to dispute decisions regarding their child's education. Once these administrative avenues were exhausted, parents were authorised to seek judicial review of the administration's decision. This aspect of the Act aimed to alleviate the financial burden of litigation under the Rehabilitation Act of 1973, which had previously allowed parents to take their disputes directly to the judiciary.
In 1990, the EHA was revised and renamed as the Individuals with Disabilities Education Act (IDEA) to further improve special education and inclusive education. This revision continued the legacy of the original Act, ensuring that children with disabilities had access to a free and appropriate education that met their unique needs.
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The Architectural Barriers Act
The ABA is enforced by the Architectural and Transportation Barriers Compliance Board (ATBCB), established under the Rehabilitation Act of 1973. The ATBCB is responsible for enforcing accessibility standards and ensuring compliance with the ABA. The Act authorizes the Administrator of the General Services Administration, the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of Defense, and the United States Postal Service to modify or waive accessibility standards on a case-by-case basis, provided it is deemed clearly necessary.
The ABA applies to buildings financed with federal funds and intended for public use or resulting in the employment or residence of physically handicapped individuals. This includes structures constructed under the authority of the National Capital Transportation Act of 1960, 1965, or Title III of the Washington Metropolitan Area Transit Regulation Compact. The Act sets technical requirements for accessibility based on adult and children's dimensions, covering aspects such as drinking fountains, toilets, and work surfaces.
The U.S. Access Board, a federal agency, plays a crucial role in promoting equality for people with disabilities through the development of accessibility guidelines and standards. The Administrator of the General Services Administration is required to report annually to Congress on their activities and those of other departments related to the ABA. Additionally, the ATBCB reports to the Public Works and Transportation Committee of the House of Representatives and the Environment and Public Works Committee of the Senate.
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The Social Security Act
The Act established a system of Federal old-age benefits, enabling states to provide financial assistance to aged individuals, blind persons, dependent and crippled children, and addressing issues related to maternal and child welfare, public health, and unemployment compensation. It also led to the establishment of the Social Security Board, which was composed of three appointees chosen by the President and approved by the Senate, serving six-year terms.
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The Americans with Disabilities Act
The ADA is divided into five titles (or sections) that relate to different areas of public life. Title I covers the employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labour unions, agents of the employer, and joint management labour committees. Title II prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments and their departments and agencies, as well as any other instrumentalities or special purpose districts of state or local governments. Title II also clarifies the requirements of Section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive federal financial assistance and extends coverage to all public entities that provide public transportation, regardless of whether they receive federal financial assistance. Title III covers private entities that are considered places of public accommodation.
The ADA has led to significant improvements in terms of access to public services, accessibility in the built environment, and societal understanding of disability. For example, between 1991 (after the enactment of the ADA) and 1995, the employment rate of men with disabilities dropped by 7.8%, regardless of age, educational level, or type of disability. While no causal link between the ADA and this trend has been definitively established, some researchers have characterised the ADA as ineffectual and argued that it caused the drop in employment rates. However, the ADA has also been used to successfully challenge discriminatory practices, such as in the case of Michigan Paralyzed Veterans of America v. The University of Michigan, where the University of Michigan was sued for failing to add enough seats for disabled fans and failing to accommodate the needs for disabled restrooms, concessions, and parking during a $226 million stadium renovation. The case was settled in March 2008, with the settlement requiring the stadium to add 329 wheelchair seats throughout the stadium by 2010 and an additional 135 accessible seats in clubhouses, in addition to the existing 88 wheelchair seats.
In 2008, the ADA Amendments Act (ADAAA) was signed into law, broadening the definition of "disability" and thereby extending the protections of the ADA to a greater number of people. The ADAAA also added to the ADA examples of "major life activities", including "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working", as well as the operation of several specified "major bodily functions". The ADAAA also directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits", a more lenient standard.
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Frequently asked questions
The first pension law was enacted by the Continental Congress on 26 August 1776. It provided financial support for servicemen who had significant injuries or were unable to provide for their households.
The Education for Handicapped Children Act of 1975, later reauthorized as the Individuals with Disabilities Education Act (IDEA), guaranteed a free and appropriate public education for all children with disabilities.
In 1907, the first Eugenic Sterilization Law was enacted in Indiana and 24 other states, allowing for the sterilization of "confirmed idiots, imbeciles and rapists" in state institutions.
The Help America Vote Act (HAVA) of 2002 was the first disability law that addressed voting access, requiring polling places to be physically accessible to disabled voters.
The Americans with Disabilities Act (ADA) of 1990 was the first comprehensive civil rights law for people with disabilities, prohibiting discrimination in many aspects of public life, including transportation.
