Children and the ADA: The Promise of Tomorrow

By Chaikind, Stephen | The Exceptional Parent, March 1992 | Go to article overview

Children and the ADA: The Promise of Tomorrow


Chaikind, Stephen, The Exceptional Parent


The recent enactment of the Americans with Disabilities Act (ADA) has been widely heralded as the most significant advancement in civil rights for individuals with disabilities in the last 20 years. The ADA (Public Law 101-336) was passed by the House and Senate on July 12 and 13, 1990, respectively, and signed into law by President Bush on July 26, 1990. While a majority of the debate on the ADA has focused on rights usually thought of as primarily beneficial to adults, in reality the law might be of even greater value to children.

For children, the ADA is an important missing link in the compendium of laws (including the Education Consolidation and Improvement Act, the Rehabilitation Act, and the Education of the Handicapped Act -- recently renamed the Individuals with Disabilities Education Act) reinforcing the civil rights of children with disabilities. Disability is defined in the ADA as a "physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such an impairment or being regarded as having such an impairment" (Section 3(2)). It sends a clear and unmistakable message to children and their families that opportunities for the future are wide open, and that children's early aspirations are both attainable and unlimited. The ADA is a signal for children today of the promise of tomorrow.

The ADA contains provisions concerning protections that both supplement and go beyond those in previous legislation in terms of employment, public accommodations, services and telecommunications, as well as detailing the rights of individuals to seek compensation in situations where they were wronged. This article will summarize the important provisions of the law in light of how they might affect children. The law's potential impact on giving children hope for the future is discussed first. Then, some of the more specific provisions in the ADA are summarized, closely followed by the sections of the law as they might currently apply to children.

Children's Aspirations

Title I of the ADA deals specifically with employment, requiring employers to make reasonable accommodations for individuals with disabilities who are qualified to do the job. While most children, of course, do not dwell on their employment prospects until they are nearly finished with school, aspirations are formed early. Children with disabilities need to know they can strive for any career without their progress being impeded by small things unrelated to their skills -- things which employers can reasonably accommodate. A reasonable accommodation, as defined by the ADA, means making facilities and equipment readily accessible and useable to those with disabilities, and modifying or changing work schedules to better accommodate individuals (Section 101(9)).

Examples of reasonable accommodations noted in the law include (but are not limited to) the provision of interpreters for workers who have hearing impairments, readers for workers who are blind, the purchase or modification of equipment or specialized devices, adjusted work schedules, or the modification of examinations or training sessions. The law states, however, that such accommodations cannot cause undue hardship to businesses. Such hardships will be determined by the overall size, nature and financial resources of the business. Because the law is somewhat vague, this definition of undue hardship may be a bone of contention in the beginning of the law's implementation.

The employment section of the law also explicitly prohibits discrimination against any persons with a disability in "job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment" (Section 102(a)). This means that employers cannot do things that limit individuals' opportunities because of their disabilities. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • A full archive of books and articles related to this one
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Children and the ADA: The Promise of Tomorrow
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.