Americans with Disabilities Act

Speech

By: George H. W. Bush

Date: July 26, 1990

Source: U.S. Equal Employment Opportunity Commission. "Remarks of President George Bush at the Signing of the Americans with Disabilities Act." July 26, 1990. Available online at ?http://www.eeoc.gov/abouteeoc/35th/videos/ada_signing_text.html? (accessed October 5, 2005).

About the Author: George H. W. Bush served as the forty-first president of the United States from 1989 to 1993. Born into a politically influential family, Bush was admitted to Yale University while still in his teens. However, when the United States entered World War II (1939–1945), Bush joined the Navy, where he became its youngest aviator. Bush became active in politics in the late 1950s. He joined the Republican Party, and after being defeated in his first bid for the United States Senate representing Texas (1964), Bush was elected in 1966, and served two Senate terms. During the 1970s, Bush was appointed to several high-profile jobs under Presidents Richard Nixon (1913–1994) and Gerald Ford (1913–), including ambassador to the United Nations (1971), and director of Central Intelligence Agency (1976). Before becoming president in 1989, Bush served as Ronald Reagan's vice president from 1980 to 1988.

INTRODUCTION

In 1990, the United States Congress passed landmark legislation that became known as the Americans with Disabilities Act of 1990 (ADA). The purpose of this law is simple—to prohibit discrimination and ensure equal opportunity for persons with disabilities in areas such as employment, education, transportation, and communication. The key objective of this law is to make all aspects of American society equally accessible to individuals with disabilities.

"Remarks of President George Bush at the Signing of the Americans with Disabilities Act" is a transcript of the speech given by President George H. W. Bush at the time he signed this legislation into law. The ADA, which is the world's first comprehensive civil rights law for people with disabilities, is considered by many to be one of the most significant achievements of the first Bush administration. In his speech delivered on the White House lawn before a large audience of activists, members of Congress, and disabled people, Bush highlighted the importance of the law, its implications, and its impact on the disabled community.

PRIMARY SOURCE

… This is an immensely important day, a day that belongs to all of you. Everywhere I look, I see people who have dedicated themselves to making sure that this day would come to pass: my friends from Congress, as I say, who worked so diligently with the best interest of all at heart, Democrats and Republicans; members of this administration—and I'm pleased to see so many top officials and members of my Cabinet here today who brought their caring and expertise to this fight; and then, the organizations—so many dedicated organizations for people with disabilities, who gave their time and their strength; and perhaps most of all, everyone out there and others—across the breadth of this nation are 43 million Americans with disabilities. You have made this happen. All of you have made this happen. To all of you, I just want to say your triumph is that your bill will now be law, and that this day belongs to you. On behalf of our nation, thank you very, very much.

Three weeks ago we celebrated our nation's Independence Day. Today we're here to rejoice in and celebrate another "independence day," one that is long overdue. With today's signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom. As I look around at all these joyous faces, I remember clearly how many years of dedicated commitment have gone into making this historic new civil rights act a reality. It's been the work of a true coalition, a strong and inspiring coalition of people who have shared both a dream and a passionate determination to make that dream come true. It's been a coalition in the finest spirit—a joining of Democrats and Republicans, of the legislative and the executive branches, of Federal and State agencies, of public officials and private citizens, of people with disabilities and without.

This historic act is the world's first comprehensive declaration of equality for people with disabilities—the first. Its passage has made the United States the international leader on this human rights issue. Already, leaders of several other countries, including Sweden, Japan, the Soviet Union, and all 12 members of the EEC, have announced that they hope to enact now similar legislation.

Our success with this act proves that we are keeping faith with the spirit of our courageous forefathers who wrote in the Declaration of Independence "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights." These words have been our guide for more than two centuries as we've labored to form our more perfect union. But tragically, for too many Americans, the blessings of liberty have been limited or even denied. The Civil Rights Act of 1964 took a bold step towards righting that wrong. But the stark fact remained that people with disabilities were still victims of segregation and discrimination, and this was intolerable. Today's legislation brings us closer to that day when no Americans will ever again be deprived of their basic guarantee of life, liberty, and the pursuit of happiness.

This act is powerful in its simplicity. It will ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard: independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream. Legally, it will provide our disabled community with a powerful expansion of protections and then basic civil rights. It will guarantee fair and just access to the fruits of American life, which we all must be able to enjoy. And then, specifically, first the ADA ensures that employers covered by the act cannot discriminate against qualified individuals with disabilities. Second, the ADA ensures access to public accommodations such as restaurants, hotels, shopping centers, and offices. And third, the ADA ensures expanded access to transportation services. And fourth, the ADA ensures equivalent telephone services for people with speech or hearing impediments….

SIGNIFICANCE

The Americans with Disabilities Act is a more complete version of prior laws, especially the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. Any person who has a current condition that impairs a major life activity, such as walking, hearing, speaking, or executing physical tasks, is considered disabled under the law.

The Americans with Disabilities Act is divided into five sections or titles. Title I, which pertains to employment, states that all qualified individuals with disabilities cannot be denied jobs, equal wages and benefits, pay hikes, and other aspects of employment solely due to their disabilities. In other words, an employer must provide equal opportunity to all qualified candidates, including those with disabilities. In the workplace, the ADA brought the concepts of reasonable accommodation, essential functions, and essential tasks to the forefront. Employers are required to identify the physical characteristics necessary (essential functions) to perform major aspects of a job (essential tasks), then to make reasonable accommodation for a disabled person who is otherwise qualified to perform it. For example, an employer could provide a physically handicapped employee with a restructured computer workstation that allows the employee to operate the computer effectively.

Title II, which relates to public services, states that public bodies, including local and state governments, as well as government-owned public transportation companies, cannot deny any service to individuals with disabilities that is being otherwise offered to a person without any disability. In other words, disabled people must have an equal opportunity to utilize all government programs and services, such as public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings. This law also requires governments to follow specific construction and design standards (for buildings as well as public transportation) to provide easy access and communication for disabled individuals.

Title III is similar to the Title II, but it pertains to other service providers. It requires all companies, both private and public, to follow construction and design standards (especially for new construction) that allow easy access to public facilities for disabled individuals. Public facilities include restaurants, retail stores, theaters, rest rooms, grocery stores, and privately owned transportation.

In 1998, the U.S. Congress passed another piece of legislation known as the Workforce Investment Act. Section 508 of this act pertains to individuals with disabilities and is often considered by many as an extension of Title III of ADA. This section states that all federal agencies are required to have their electronic and information technology designed so that they are easily accessible to people with disabilities (federal employees as well as the general public). For example, federal government Web sites must incorporate design standards that allow easy access to anyone with a disability.

Title IV of the Americans with Disabilities Act addresses telephone and television access for people with hearing and speech disabilities. It allows people with such disabilities access to telephone communication using special instruments, known as telecommunication devices for the deaf, or TDD, and a special service provided by telephone companies known as the telecommunications relay service (TRS).

Title V protects other individuals who have an association with a person known to have a disability, and even those who are subjected to retaliation for assisting people with disabilities in asserting their rights under the ADA.

The Americans with Disabilities Act was not without opposition. At the time the law was passed, many members of Congress predicted that the act would place a significant burden on the economy. Ten years after the law was enacted, however, businesses found that the cost of making the changes required by the ADA was far lower than expected. In addition, the ADA opponents assumed that the act would be responsible for generating a large number of lawsuits by disabled individuals. The huge spate of lawsuits never materialized. Also, more than 90 percent of the ADA discrimination cases brought to the Equal Employment Opportunity Commission (the agency that monitors the equal employment section of the ADA) between 1990 and 2000 were decided in favor of the employers.

The ADA has significantly changed the manner in which individuals with disabilities are viewed in society. For example, institutions and organizations now provide equal opportunities for individuals with disabilities, and many more students with disabilities are admitted to colleges and universities than were admitted before the ADA was passed. Additionally, public transportation, along with public and private businesses, must have easy accessibility for people with disabilities. Ramps, curb cuts, lifts on buses, and similar design modifications related to accessibility have become commonplace.

Although the Americans with Disabilities Act has achieved notable successes, including providing increased community access, there are many issues still facing the disabled community in America. President George W. Bush announced a "New Freedom Initiative" in 2002 that provides increased access to current assistive technology such as specialized computers, and funds research for the development of new assisted technologies. The initiative also provides more funds for education, especially in the early grades, and for promoting home ownership for disabled persons.

FURTHER RESOURCES

Books

Jones, Nancy Lee. The Americans With Disabilities Act (ADA): Overview, Regulations, and Interpretations. New York: Novinka, 2003.

U.S. Department of Justice. Americans with Disabilities Act Handbook. Anaheim, Calif.: BNI, 1992.

Web sites

Center for an Accessible Society. "The Americans with Disabilities Act." ?http://www.accessiblesociety.org/topics/ada? (accessed October 5, 2005).

Job Accommodation Network. "ADA: A Brief Overview." March 2004. ?http://www.jan.wvu.edu/links/adasummary.htm? (accessed October 5, 2005).

National Council on Disability. "Promises to Keep: A Decade of Federal Enforcement of the Americans with Disabilities Act." June 27, 2000. ?http://www.ncd.gov/newsroom/publications/2000/promises_1.htm? (accessed October 5, 2005).

U.S. Department of Justice. "A Guide to Disability Rights Laws." March 27, 2003. ?http://www.ada.gov/cguide.htm? (accessed October 5, 2005).

U.S. Equal Employment Opportunity Commission. "The Americans with Disabilities Act (ADA): 1990–2002." October 15, 2002. ?http://www.eeoc.gov/abouteeoc/35th/thelaw/ada.html? (accessed October 5, 2005).