Mainstreaming
People who have severe disabilities have lived under centuries of legalized reliance and exclusion. With every law that showed the liberalizing of society's commitment to disabled people has come the realization by disabled people that prejudice in the community didn't really end. This discrimination continued because oppressive changes were introduced to limit society's responsibility and the few progressive changes that were introduced were never supported financially. It has become evident that institutional prejudice shall not be overcome by good intentioned but uncoordinated and financially unsupported changes.
With these centuries, even millennia of prejudice and oppression, society has made our dependency apparently inescapable. Many disabled people, cannot work except in sheltered workshops at often less than the minimum earnings. Many physically disabled people cannot travel on commercial transportation without submitting to patronizing assistance or inconveniencing regulations that fluctuate from company to company. Many disabled people cannot live in their own homes because personal care attendants will only be paid for by society if they live segregated in institutions. There have been numerous cases of parents who are disabled, having their children taken from them because the child would not he raised in a normal environment. In divorce proceedings between a disabled and a non-disabled parent, custody has been awarded to the non-disabled parent based on this kind of prejudicial perception of normality.
Unlike distinctiveness that should not affect the expected costs and benefits of hiring or serving a person, disabilities can frequently enforce noteworthy costs on employers or owners of public accommodations. To avoid economic prejudice between people with and without disabilities, any added costs connected with hiring a disabled person that should be reflected in lower reward paid to the disabled person. Likewise, any significant additional cost of selling a good or providing a service to a disabled person should be offset with higher prices paid by the disabled person. If employers and owners of public accommodations were forced to bear those costs, they would effectively be forced to engage in economic discrimination against the nondisabled, and overall economic efficiency would be diminished.
It is under this kind of basic denial of our human and civil rights that disabled people survive with little or nor services. What service that was provided was full of routine red tape and regulations that kept us dependent. There was no harmonization of available services that would break through this vicious cycle of dependency.
Legislation for Mainstreaming
The first legislation effort to outlaw some forms of discrimination against the handicapped was the Rehabilitation Act of 1973. Originally, that act defined "handicapped individual" as any individual who (A) has a physical or mental disability, which for such individual constitutes or results in a substantial handicap to employment and (B) can reasonably be probable to benefit in terms of employability from vocational rehabilitative services.
Subsequent amendments in the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978 redefined the term "handicapped individual" as any person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life functions, (ii) has a record of such impairment, or (iii) is regarded as having such impairment. (U.S.C. 706)
In 1986 the Rehabilitation Act was again amended to replace the term "handicapped individual" with "individual with a handicap."
That amended definition became the basis for assign disabled people under the Fair Housing Amendments Act and the Americans with Disabilities Act. The Civil Rights Act of 1968, as changed by the Fair Housing Amendments Act, excludes as a handicap current illegal use of or addiction to a controlled substance. (U.S.C. 3602) Under the Americans with Disabilities Act, "disability" replaces "handicap." However, section 511 of the ADA specifically excludes individuals with the following situation from protection under the act: homosexuality, bisexuality, transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not ensuing from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and disorders resulting from the current illegal use of drugs. (U.S.C. 12211) Those barring under section 511 of the ADA do not apply to the sale and rental of housing covered under the Civil Rights Act of 1968, as amended.
Supporters of the ADA claim that 43 million Americans have one or more physical or mental disabilities. (U.S.C. 12101) To disembark at that seemingly high number, however, the supporters treat all 31 million Americans who are age 65 or older as disabled. Although some elderly Americans are mentally or physically disabled, many clearly are not. More sensible estimates from the National Institute on Disability and Rehabilitation Research suggest that the number of Americans suffering from serious disabilities is much smaller. Roughly 7.9 million Americans have some form of vision impairment, but fewer than 400,000 are actually blind. Likewise, only 1.7 million of...
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