Cerebral Palsy and the Americans with Disabilites Act.
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy
Cerebral Palsy

Cerebral Palsy and the Americans with Disabilities ActCerebral PalsyCerebral PalsyCerebral PalsyCerebral Palsy

As we continue to grow and change throughout our lives, school will eventually be replaced by the workplace as the primary environment in which an we interact with others and plays a role in society in general. Just as children with disabilities were historically excluded from educational opportunities, likewise, adults with disabilities have been historically excluded from occupational opportunities.

Cerebral Palsy

Cerebral Palsy

It wasn’t until Section 504 of the Rehabilitation Act of 1973 was passed that there was any real legislation banning discrimination against disabled persons in the workplace. The passing of Section 504 made it formally illegal for any company, agency, or institution receiving federal funds to discriminate on the basis of a disability. While Section 504 did make quite a difference, persistent lobbying, publicity, and advocacy led to the passage of the Americans with Disabilities Act (ADA) in 1990, which widely expanded the rights of persons with disabilities.

 While it’s true that the workplace does replace school as we get older, there are obviously large differences between school and work.  Therefore, the laws that govern a disabled child’s right to an education differ greatly from laws that protect a disabled adult’s right to employment without discrimination. People who manage and direct educational facilities must realize that disabled children will inevitably be a part of the student population, hence these professionals must prepare to provide these children with their rights. In the workplace, however, employers are not required to establish a system to handle applicants or employees with disabilities, but if a disabled individual arrives at the job looking for employment, the employer must then deal with that applicant as if his or her disability did not exist. In other words, laws pertaining to schools and education set clear guidelines of what a school must do, whereas laws pertaining to employment lay out guidelines for what an employer may not do.

 Part of the American with Disabilities Act integrates concepts from Section 504 of the Rehabilitation Act, and explicitly forbids employment discrimination against qualified people with disabilities in federally funded programs. Specifically, the act states that “no otherwise qualified individual with handicaps in the United States… shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…” Handicaps are fairly broadly defined as: any limits an individual has that impact his or her “major life activities”, which include caring for one’s self, or performing tasks such as walking, talking, seeing, hearing, breathing, or learning.

 This prohibition on employment discrimination, originally created by the Rehabilitation Act of 1973 (which, as stated previously, only affected federally funded operations), was extended to all public and private employers. The law states that “no employer shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring or discharge of employees, employee compensation, advancement, job training, and other terms, conditions, and privileges of employment.” In other words, the employer must evaluate a disabled job applicant with the same criteria that would be used to assess a non-disabled person. The employer is required to make reasonable accommodation for the person with a disability who is qualified for the job. This “reasonable accommodation” has been taken to mean removing job impediments that would prevent the otherwise qualified person with a disability from working. Neglecting to make such adjustments is an infringement on the law; however, the employer is not required to employ the person with a disability if doing so would inflict “undue hardship” on the employer. It is left to the employer to define “undue hardship.”

 Another important aspect of the ADA is the prohibition of discrimination against disabled persons in general, not just at the workplace. Such restriction on discrimination has made possible the requirement for all public places and transportation vehicles to be accessible to individuals with disabilities. This means that all public buses and trains, libraries, schools, and other buildings must adhere to these guidelines by installing wheelchair lifts, or a wheelchair ramp, or widening excessively narrow hallways, etc. This portion of the ADA also applies to private transportation companies, such as coach buses, taxis, and airlines. This discrimination prohibition also extends to private businesses. It is considered discrimination against disabled persons to not accommodate a disabled individual in such places as: restaurants, bars, concert halls, theaters, stadiums, libraries, hotels, bakeries, bus and airport terminals, grocery stores, inns, professional offices such as those of doctors and lawyers, galleries, gas stations, and physical exercising facilities, such as gyms and bowling alleys.

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Cerebral Palsy and Jobs, Estate Planning, Health Insurance,
Letters of Medical Necessity, IDEA, DDA & Bill of Rights Act,
Americans with Disabilites Act, Rehabilitation Act of 1973, and Vocational Rehab.