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Forum was held on Wednesday 23 September 2009,
Further information www.field.org.au
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Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
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Donate Us
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#charityforchildren, #donateforchildren, #donateclothesforchildren, #donatebooksforchildren, #donatetoysforchildren, #sponsorforchildren, #sponsorclothesforchildren, #sponsorbooksforchildren, #sponsortoysforchildren, #seruds, #kurnool
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Disability Policy Paper
1. Running Head: DISABILITY POLICY AND FAMILY 1
The Impact of Policy on Family Members with Disabilities
Cassidy Long
University of Georgia
2. DISABILITY POLICY AND FAMILY 2
Abstract
The Americans with Disabilities Act of 1990 (ADA) was one of the first major pieces of
legislation that provided American citizens with disabilities the same protections as other
important laws, such as the Civil Rights Act. This paper explores the impact of the ADA’s
enactment. The ADA ensured equal treatment and access for those with disabilities to public
facilities and employment, and growing numbers are now participating in the workforce and
community. Although the ADA transformed the rights of individuals with disabilities in the civic
environment and workplace, there are still matters these people and their families face due to
their disability. An analysis of research brings to light the issues of unequal income, elusive
disability classifications as a result of broad language, and biased views from others as unsolved
problems. By spreading awareness and encouraging the elimination of physical and social
barriers, the inclusion of all individuals, regardless of ability, will progress.
Keywords: Americans with Disabilities Act, ADA, families, disability, accessibility,
independence, environment, community
3. DISABILITY POLICY AND FAMILY 3
The Impact of Policy on Family Members with Disabilities
Topic Overview
In 2015, there were almost 40 million Americans living with a disability in America (Pew
Research Center, 2017). Disability is a topic that has been heavily assessed in recent decades.
People with disabilities in America have overcome many barriers over the years. Disabilities
exist along a continuum and include learning disabilities, mental illness, and physical handicaps.
Although the definition of disability can develop from a multitude of cultural and societal norms,
the Americans with Disabilities Act (ADA) defines a person with a disability as “a person who
has a physical or mental impairment that substantially limits one or more major life activity”
(ADA National Network, 2019, para 2). People living with disabilities have become protected by
the Americans with Disabilities Act of 1990, which prohibits discrimination against persons with
disabilities in all areas of public life (ADA National Network, 2019). Although many policy
changes have been made in recent years, the economic and social standing of the majority of
individuals with disabilities remains where it was before the changes (Scotch, 2000). Through
increased advocacy and awareness, families and their members with disabilities can become
fully integrated in society.
The subject of disability is a family policy issue. When the special needs of children are
not addressed, a lifelong negative impact and societal cost on both the child and the family are
high (Annie E. Casey Foundation, 2003). In regard to this issue, families are defined in a
functional approach, taking into account the roles and tasks individual family members perform
(Bogenschneider, 2014). For families, disability impacts almost every aspect of life. From
caregiving to economic support, disability requires family members to modify the ways in which
they operate in society as a functional unit.
4. DISABILITY POLICY AND FAMILY 4
Employment
Employment was an issue that many disabled adults faced until the Americans with
Disabilities Act was passed in 1990. Title I of the ADA, Equal Employment Opportunity for
Individuals with Disabilities, prohibits employment discrimination against “qualified individuals
with disabilities” (Americans with Disabilities Act Handbook, 1991, p. I-2). One study found
that after the passage of the ADA, employment rates of men with disabilities decreased through
1995, with 7.2% less disabled men in the workforce than before the act was passed. This study
also found that the wages of these men did not change with Title I of the ADA’s implementation
(DeLeire, 2000). However, a closer look at these findings reveal that the decline in employment
rate was the result of a drop in labor force participation among individuals with disabilities, an
effect of the reclassification of non-disabled, nonparticipants in the workforce as disabled and the
employment probability of the disabled may have improved due to the Americans with
Disabilities Act (Hotchkiss, 2004). Due to the enactment of Title I, the barrier of employment to
disabled Americans has diminished significantly.
In regard to the wages of disabled Americans, research has shown that there is still a
disconnect between the incomes of people with disabilities compared to those without a
disability. According to Pew, the median salary of those with a disability was less than 70% of
the salary of the non-disabled (Pew Research Center, 2017). Though the Americans with
Disabilities Act protects these individuals from discrimination in the workplace, it does not fully
guarantee they will be paid by the same standard. Because of this, the families of individuals
with disabilities are impacted financially, as a disabled breadwinner of a family may earn less as
compared with a non-disabled breadwinner. In order for individuals with disabilities to be treated
as equals in society, there must be an adjustment in earned income.
5. DISABILITY POLICY AND FAMILY 5
Accessibility
Accessible environments are intended to provide equal access to everyone, regardless of
ability. Without accessible environments and facilities, individuals with disabilities would never
be fully included in society. However, most societies contain numerous obstacles that hinder
persons with disabilities (United Nations Enable, 2007). One longitudinal study found that
trajectories of mobility disability are steeper in older populations and the presence of one chronic
health condition doubled the likelihood of mobility disability, suggesting that the built
environment, which includes “uneven or discontinuous sidewalks, heavy traffic, and inaccessible
public transportation”, can worsen mobility difficulty for older adults. (Clarke, Ailshire, &
Lantz, 2009). For the disabled population, a poorly accessible environment can cause many more
challenges to arise in addition to the daily struggles they already face.
Before the Americans with Disabilities Act, accessibility standards in the design,
construction, and alteration of buildings were passed to benefit the physically handicapped in
navigation of their environment. The Uniform Federal Accessibility Standards define someone
who is physically handicapped as “an individual who has a physical impairment, including
impaired sensory, manual or speaking abilities, which results in a functional limitation in access
to and use of a building or facility” (Uniform Federal Accessibility Standards, 1988, p. 4). This
legislation regulated routes of accessibility for the physically impaired, including minimum
number of accessible parking spaces, width of elevators, doors, and curb ramps, and accessibility
of handicap restrooms. These architectural and construction standards were monumental in
eliminating barriers faced by disabled individuals before the ADA’s passage in 1990.
The design of certain public facilities can be limiting for those with disabilities. Title III
of the ADA refers to Nondiscrimination on the Basis of Disability by Public Accommodations
6. DISABILITY POLICY AND FAMILY 6
and in Commercial Facilities. This policy ensures individuals with disabilities have reasonable
access, requiring that new public accommodations be designed and constructed as readily
accessible to and usable by people with disabilities (Americans with Disabilities Act Handbook,
1991). This elusive language may cause facilities to develop differing meanings for accessibility.
For the disabled, accessibility is defined through “activities that users of any environment desire
to accomplish without asking for help” (Baker & Kaufman-Scarborough, 2001, p. 301). As
accessibility progresses, designs would automatically account for the needs of individuals with
disabilities, allowing all abilities to fully participate in society.
Societal Perception
The ways in which non-disabled members of society view individuals with disabilities
prove that progress still needs to be made on the topic of disability in America. One study found
that college students who had prior contact with individuals with a physical disability are more
comfortable during interaction with their disabled peers than students without previous contact
(Amsel & Fichten, 1988). This study proves the existence of the stigma surrounding people of
any disability and calls for the promotion of interaction among the disabled and non-disabled.
Spreading disability awareness and encouraging the interaction between individuals of all
abilities reduces pre-existing negative prejudices, therefore benefitting society as others become
more educated on disability.
Conclusion
Independence is a highly-valued principle of American civilization. For those with
disabilities, level of independence can be hard to achieve because it impacts all facets of life.
From the workplace to social gatherings to physical environments, having a disability plays a
role in not only personal experience but also familial experiences. Since families are studied
7. DISABILITY POLICY AND FAMILY 7
holistically, the functioning of families of children with disabilities can be profoundly affected
by the disabled child, consequently impacting the health and well-being of that child (Reichman,
Corman, & Noonan, 2007). Another result of legislation such as the Uniform Federal
Accessibility Standards and the Americans with Disabilities Act is that individuals are protected
from physical and discriminatory barriers they may face, allowing them to become more
integrated into society and to experience life more independently. An unintended consequence of
disability law would be the reclassification of non-disabled, nonparticipants in the workforce as
disabled, which could disrupt family performance. Though much progress has been made in the
workplace and environment, there is still more to achieve on the basis of disability.
Family Impact Analysis
When analyzing the Americans with Disabilities Act with the Family Impact Checklist, it
is clear that families who have members with special needs are affected by this legislation, thus
affecting family diversity. The ADA strongly identifies and respects different attitudes,
behaviors, and family values, seen in the ways it protects individuals with disabilities. It also
adequately recognizes the complexity and responsibilities involved in caring for family members
with special needs, mainly focusing on the ways in which caregivers navigate physical barriers.
The ADA strongly ensures accessibility for diverse families in civic environments, seen in its
regulation of public accommodations and facilities. Finally, the ADA acknowledges symptoms
of the issue rather than root causes because it strongly concentrates on overcoming and
eliminating barriers of society rather than addressing the root issue. The research and literature
on this topic agree with this analysis.
Policy Options and Camp Perspectives
8. DISABILITY POLICY AND FAMILY 8
As previously stated, the Americans with Disabilities Act was one of the most impactful
policies for people living with disabilities. In addition, the ADA Amendments Act of 2008 was
also enacted, broadening the coverage of persons with disabilities and defining impairment as
something that limits a major life activity (U.S. Equal Employment Opportunity Commission,
2008). In regard to the issue of disability in society today, not many organizations are advocating
for change and awareness. However, the 2020 Democratic presidential candidate Kirsten
Gillibrand vowed to have a person with a disability to serve in her cabinet if she becomes
president of the U.S. (Frazin, 2019). This is a huge step for the community of individuals with
disabilities to have someone in office who is similar. Another progressive stride in recent news is
the development of an ADA Transition Plan in the city of Buford, Georgia to assess pedestrian
access routes and identify pedestrian infrastructure improvements including sidewalks, ramps,
and trails (Huppertz, 2019). This plan will be very impactful for those living with disabilities in
the city of Buford.
In terms of Policy Paradox Camps, the concerned camp follows the idea that families are
in decline, valuing parental commitment, marital fidelity, individual responsibility, and civic
participation. It believes in the preservation of traditional family and views most family change
as negative. The satisfied camp views change as progress for family adaptation to new
conditions, placing value on marriage, independence, and individual freedom. The impatient
camp celebrates family change and views the demise of the normative family as pleasing,
valuing pluralism and devaluation of the individual (Bogenschneider, 2014). In regard to the
policy options of the potential presidential cabinet member and the Buford transition plan,
individuals of the concerned and satisfied camp would view both as positive since they both
9. DISABILITY POLICY AND FAMILY 9
support the best outcomes for families. The impatient camp supports diversity and change so I
think they would also favor the cabinet member and city plan.
Personal Opinion
As an individual, I am an advocate for acceptance and equality for those with special
needs and disabilities in our community as well as around the globe. I hope to become an
occupational therapist in the future, which is a profession that helps others with restoring or
developing their activities of daily living. This allows individuals to function independently and
live as self-sufficiently as possible. I chose this topic because my future career choice involves
myself working alongside people with disabilities each day. I believe the satisfied camp is the
best fit for this topic, because it supports equality for suppressed groups and views families as
adaptable, placing value on autonomy and independence (Bogenschneider, 2014). As for policy
options, I strongly agree with having a presidential cabinet member with a disability. I believe it
is important for those with disabilities to see representation in politics because it is something
that is lacking in America. As proven in previous studies, people are more comfortable with
being around others with disabilities if they have had prior exposure (Amsel & Fichten, 1988).
This concept would be a great start to the inclusion of people of all abilities.
Recommendations for action
Although progress is being made in this field, more changes still need to be made. As
mentioned earlier, one of the largest issues is inequality in income, as those with disabilities
make less than 70% of what the non-disabled person makes (Pew Research Center, 2017).
Though the ADA helped enact change in the workplace, there is still work to be done pertaining
to income. Another recommendation is to more explicitly define the language of the ADA. The
ADA Amendments Act of 2008 was helpful in doing this, but the language is still extremely
10. DISABILITY POLICY AND FAMILY 10
vague and could be updated to clearly state regulations and guidelines. For example, the
definition of disability caused a reclassification of non-disabled, nonparticipants in the labor
force as disabled. Many stores often have to interpret the ADA’s general guidelines (Kaufman-
Scarborough, 1999). The Supreme Court’s interpretation of disability could change the
classification of disability because the Supreme Court clarifies the laws (USA.gov, 2019). One
final recommendation is for the education of disabilities to be taught in schools. As someone
who had no previous knowledge of disability, it was incredibly informational to learn about the
rights and protections people with disabilities receive through the ADA, offering them the same
protections of the Civil Rights Act. If educators began teaching about the topic of disability and
promoting interactions with individuals with disabilities, there would less of a stigma
surrounding it. Instead of seeing people by their disabilities, individuals could be recognized by
their abilities. Society would benefit as a whole if the Americans with Disabilities Act were to
become completely unnecessary.
Personal future actions
The information I have gained from this course and paper has greatly impacted me. I
have a broader understanding of family policy as a whole and will be able to communicate about
policy in both my career and as an advocate. As a future occupational therapist, I will be working
with individuals with disabilities and their families. I will be helping them to overcome
challenges they may face in order to have a more independent lifestyle. Disability policy and
insurance are two policies that will impact my career and I can make sure to do my best to stay
informed and advocate for my patients and their families to ensure that they receive the best
treatment for themselves and their families. As proven in research, people with prior exposure to
those with disabilities feel more comfortable than those without exposure (Amsel & Fichten,
11. DISABILITY POLICY AND FAMILY 11
1988), and I can work hard to bridge the predisposed gap between those living with disabilities
and those without disabilities because, in the end, it is our abilities that matter.
References
ADA National Network. (2019). What is the definition of disability under the ADA? Retrieved
May 4, 2019, from https://adata.org/faq/what-definition-disability-under-ada
Americans with Disabilities Act Handbook, December 1991, p. I-2 & III-1, General File #8. Box
1, Series I: The Americans with Disabilities Act, 1988-2011, Southeast ADA Center
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Amsel, R., & Fichten, C. S. (1988). Effects of contact on thoughts about interaction with students
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12. DISABILITY POLICY AND FAMILY 12
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13. DISABILITY POLICY AND FAMILY 13
United Nations Enable (2007). Accessibility: A guiding principle of the Convention. Retrieved
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https://www.usa.gov/branches-of-government