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140-437: However, in recent years, the division between the social and medical models has been challenged. Alternative models of disability have proliferated, allowing for greater complexity and specificity in how disability is theorized]. Additionally, there has been an increased focus on interdisciplinary research. For example, recent investigations suggest using "cross-sectional markers of stratification" may help provide new insights on

280-510: A balancing test between the cost of the proposed alteration and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business. There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in

420-681: A "division of study". While disability studies primarily emerged in the US, the UK, and Canada, disability studies were also conducted in other countries through different lenses. For instance, Germany has been involved with queer disability studies since the beginning of the early 20th century. The disability studies in Germany are influenced by the written literary works of feminist sexologists who study how being disabled affects one's sexuality and ability to feel pleasure. In Norway, disability studies are focused on

560-426: A 'social model of madness and distress ' " which would consider impairments of the mind. Yet others may recommend the "embodied approach" to the study of mental illnesses. Although many activists with disabilities find empowerment in appropriating the term crip, not all people with disabilities feel comfortable using that identity. There are many different terms used as an alternative to disability, for example Melwood,

700-437: A costly and likely unsafe "stair-climbing wheelchair" when instead building codes should be changed so ramps and elevators are provided? In their Crip Technoscience Manifesto, scholars Hamraie and Fritsch further critique the implication "that disabled people are not already making, hacking, and tinkering with existing material arrangements". The biopsychosocial model was developed by mental health practitioners to recognize how

840-553: A disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense." The term "auxiliary aids and services" includes: Captions are considered one type of auxiliary aid. Since

980-675: A disability". This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies , labor organizations , and joint labor-management committees. There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential. Prohibited discrimination may include, among other things, firing or refusing to hire someone based on

1120-681: A disability. In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability." Thus the ADAAA led to broader coverage of impaired employees. In October 2019, the Supreme Court declined to resolve a circuit split as to whether websites are covered by

1260-408: A disabled child are often viewed as the cause of the child's disability. Another example of queer and disabled negativity is highlighted in the life experiences of Josie, a young woman who does not identify as a particular gender, living with a lifelong illness and disability. This young woman describes how she experienced sexism, ableism, homophobia and transphobia in a number of ways at her university,

1400-416: A false separation between disability and impairment as impairment, not just disability, is socially constructed. This critique draws on feminist arguments that the assertion that sex is biological but gender is social is a false dichotomy because sex is also socially constructed. This is not a rejection of physical reality but draws attention to the social value put on some values, needs and accommodations and

1540-541: A history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits",

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1680-520: A major role oppressing people with disabilities. The intersection of disability and feminism is more common in American history than we think yet it does not show up in media, museums or archives that are dedicated to feminist work. Rachel Corbman, a professor of women's, gender and sexuality studies at Stony Brook University in New York highlights how the influence of lesbian feminist organizations like

1820-652: A more lenient standard. On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as

1960-474: A new direction of research — studies in ableism, moving beyond preoccupations with disability to explore the maintenance of abledness in sexed, raced and modified bodies. A. J. Withers' work critiques the social model of disability because, among other things, it erases the experiences of BIPOC people, women, trans and queer people and puts forward a more radical model of disability. Other contemporary works, such as literary studies conducted by Sami Schalk explore

2100-513: A new way. Recent scholarship has included studies that explore the intersection between disability and race. Christopher Bell 's work publicly challenged disability studies to engage with race, calling it "white disability studies". His posthumous volume on Blackness and Disability further developed his analysis. These works engage with issues of neoliberal economic oppression. The 2009 publication of Fiona Kumari Campbell 's Contours of Ableism: The Production of Disability and Abledness signaled

2240-413: A nonprofit who uses the term "differing abilities", describes the label disability as "a limitation in the ability to pursue an occupation because of a physical or mental impairment; a disqualification, restriction or disadvantage and a lack of legal qualification to do something, was an inadequate or limiting 'label' for a cross section of people". Because the term disability has a history of inferiority, it

2380-474: A person becomes disabled, rather it be sooner or later. For example, where there is poverty we will find disability. This poverty can include social, economic, and cultural poverty. Having a disability can contribute to poverty just as poverty can contribute to having a disability. People with disabilities are more likely to live in poverty and be unemployed than those who do not, resulting in lower socioeconomic status. Some scholars have argued that disability, as it

2520-520: A place in the Deaf community . Many Deaf people take pride in Deaf culture and the unique features of signed languages. Similarly, the Neurodiversity movement has advanced an affirmative model of disabilities such as Autism . Many autistic people view their autism positively and not in need of cure. Events such as Autistic Pride Day celebrate autism as a positive identity. The end goal of

2660-443: A positive form of social identity , is inherently incompatible with the tragedy model. Different models can be used to describe contrasting disabilities: for example, an autistic person who also has Myalgic encephalomyelitis/chronic fatigue syndrome may view their autism through the affirmation model, but their ME/CFS through the medical model. This category of models centre on different deficits held by disabled people, such as

2800-493: A queer man who is also disabled. The disability being depicted as someone whose mental capacity is significantly different than society's heteronormative view. The significance of the movements began to build momentum and most legal recognition in the 1980s. It was only in 1973 that the American Psychiatric Association removed homosexuality from their list of mental disorders. In addition to this, it

2940-420: A real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities. A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform

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3080-535: A report, Towards Independence, in which the Council examined incentives and disincentives in federal laws towards increasing the independence and full integration of people with disabilities into U.S. society. Among the disincentives to independence the Council identified was the existence of large remaining gaps in civil rights coverage for people with disabilities in the United States. A principal conclusion of

3220-422: A restaurant. People with disabilities cannot be treated as "less than" other customers. However, if a business normally charges for damages caused by the person to property, damage caused by a service animal can also require compensation. The ADA provides explicit coverage for auxiliary aids. ADA says that "a public accommodation shall take those steps that may be necessary to ensure that no individual with

3360-401: A threat to the collective gene pool. Eugenic thought was built upon a misunderstanding of evolution : genetic variation is important for a species' evolution and resilience . In contrast, the evolutionary model understands disability as contributing positively to the gene pool. Disability activists and scholars stress that eugenic thought remains alive and active in society. For example,

3500-453: A transgender or disabled person does not dictate their embodiment and how they navigate the world. Eventually, Clare reaches the idea of a disability politics of transness, which "delves into the lived experiences of our bodies, that questions the idea of normal and the notion of cure, that values self-determination, that resists shame and the medicalization of identity". Queer studies , which emerged from women's studies , brings light towards

3640-438: A wheelchair, multiple sclerosis , muscular dystrophy , obsessive–compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and schizophrenia . Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" such as medication, therapy, assistive devices, or other means of restoring function, during an "active episode" of

3780-427: Is a problem that requires expert professionals to identify and then prescribe a series of interventions. This model produces a power dynamic where an abled, authoritarian service provider acts on behalf of a passive, disabled client. At its extreme, disabled people are given no authority or autonomy over their care or everyday life. It has been described as a fixer/fixee relationship. The medical model, also known as

3920-414: Is a result of each individual's body/mind. The medical model has been heavily critiqued by the disability community, as many disabled people do not wish to be cured, and reject the deficit framing. The rehabilitation model, also known as the functional limitations model, aims to "rehabilitate" disability through alterations both to the disabled individual and their environment. Like the medical model, it

4060-423: Is a subtype of the rehabilitation model which focuses specifically on how technology can reduce functional limitations. Unlike the rehabilitation model, it positions engineers and designers as the authorities on disability. This model has been criticized by disability advocates for expecting disabled people to need complex, expensive technologies rather than implement changes in society. For example, why design

4200-462: Is actually disabling is that society does not widely use any signed languages , and transcription/ captioning are often unavailable. In a social environment where using a signed language is ubiquitous, deafness stops being disabling. Prior to colonization, many Native American cultures routinely used signed languages such as Plains Indian Sign Language , and did not have a conceptualization of disability which included deafness. The social model

4340-420: Is also a large topic of discussion to say that both groups have to undergo the same kind of "coming out" process in terms of their sexual identity, gender identity, and disability identity because of the lasting social stigma. "Coming out" through sexual identity, gender identity, and disability identity is one example of "Double Jeopardy", as they are part of more than one stigmatized group. Eli Clare writes at

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4480-537: Is also excluded from the definition of "disability". However, in 2022, the United States Court of Appeals for the Fourth Circuit stated that the ADA covers individuals with gender dysphoria , which may aid transgender people in accessing legal protections they otherwise may be unable to. The ADA states that a " covered entity " shall not discriminate against "a qualified individual with

4620-543: Is associated with the view that living with a disability is worse than death. In the tragedy model, pity is seen as an appropriate response to disability, and used to justify infanticide and other murders of disabled individuals . The tragedy model underlies the supercrip stereotype : if a disabled person is seen as thriving, it is because they did so in spite of their disability. The charity model positions disabled people as pitiable victims, and abled people who provide them with charity as beneficent saviours . This model

4760-559: Is believed by many that substituting the term will help eliminate the ableism that is embedded within it. Susan Wendell describes ableism in society "as a structure for people who have no weakness". This also applies to anyone who has any intersectional disadvantages. Feminism identifies these disadvantages and strategizes how to deconstruct the system that supports marginalizing specific groups of people. Models of disability Models of disability are analytic tools in disability studies used to articulate different ways disability

4900-426: Is categorized both as an individualistic model and as a deficit model, but instead of a deficit in health it is a deficit in employment. Unlike the medical model, the rehabilitation model does not aim to alter the underlying cause of a person's impairment; the focus instead is on functional capacity. Unlike the medical model and the eugenic model, the goal is not to eliminate disability. The desired endpoint instead

5040-564: Is charged with enforcing this provision. Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays. Under Title III of

5180-472: Is conceptualized by individuals and society broadly. Disability models are useful for understanding disagreements over disability policy, teaching people about ableism , providing disability-responsive health care, and articulating the life experiences of disabled people. The most frequently discussed models are the Medical model of disability , which views disablement as caused by medical disorders; and

5320-417: Is criticized for being dehumanizing and disconnected from the broader sociological forces. It is similar to the rehabilitation model for its focus on how disability prevents people from working. However, where the rehabilitation model focuses on qualitative , social functioning; the economic model focuses on quantitative, financial impact. Although the economic model can be applied on an individual basis,

5460-748: Is expanded to chronic illness and to the broader work of the medical humanities . Practitioners are working towards improving the healthcare for disabled people through disability studies. This multi-disciplinary field of inquiry draws on the experiences and perspectives of people with disabilities to address discrimination. Infinite Ability has done some preliminary work in India to introduce disability studies to medical students. The medical humanities movement advocates use of literature in exploring illness, from practitioner and patient perspectives, with graphic medicine as an emerging strategy that combines comics-style medium and illness narrative. Feminism introduces

5600-450: Is frequently combined with other deficit models, such as the tragedy and medical models. This model is criticized by disabled people, as it centres the people who provide the charity, rather than those ostensibly being "helped". Disability acts as a means for abled people to feel good about themselves, through providing charity—without regard for whether this charity was wanted or effective. The moral model of disability, also known as

5740-453: Is frequently seen regarding disabilities where individuals' actions may have contributed to acquiring the disability, such as AIDS , Type 2 diabetes , obesity , and addiction . Concerning addictions, the moral model is often contrasted with the medical model: addiction is less likely to be seen as a moral failing if one understands it instead as an involuntary, medical condition. In the expert or professional model of disability, disability

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5880-651: Is often associated with socialism and anarchism . Americans with Disabilities Act The Americans with Disabilities Act of 1990 or ADA ( 42 U.S.C.   § 12101 ) is a civil rights law that prohibits discrimination based on disability . It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 , which made discrimination based on race , religion , sex , national origin , and other characteristics illegal, and later sexual orientation and gender identity . In addition, unlike

6020-413: Is on the map, does not mean that is easy to find". Still the field continued to grow throughout the 2000s. In 2009 Disability Studies Quarterly published A Multinational Review of English-language Disability Studies Degrees and Courses . They found that from 2003 to 2008 the number of disability studies stand-alone studies programs in the US, UK, Australia, New Zealand, and Canada grew from 56 to 108 and

6160-823: Is prohibited if it is intended to interfere. The ADA has roots in Section 504 of the Rehabilitation Act of 1973 . The law began in the Virginia House of Delegates in 1985 as the Virginians with Disabilities Act—supported by Warren G. Stambaugh —which was passed by the state Virginia . It is the first iteration of the Americans with Disabilities Act. In 1986, the National Council on Disability (NCD), an independent federal agency, issued

6300-404: Is reported to have "inconvenienced" several senators and to have pushed them to approve the act. While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law. Senator Tom Harkin ( D - IA ) authored what became the final bill and

6440-616: Is socially constructed. For example, how the modern concept of intelligence was created by race science to position Black people as inherently feeble-minded and hence disabled. Which in turn is important for understanding how special education in the United States was expanded after Brown v Board as a means to maintain racial school segregation. The radical model posits that disability cannot be neatly separated from other categories of oppression such as class , race , ethnicity , sexual orientation , and gender . It shifts

6580-465: Is to contextualize, historically and politically, the meanings typically attributed to disability, thereby positioning "disability" as a set of practices and associations that can be critiqued, contested, and transformed." The International Association of Accessibility Professionals recognizes six different models for conceptualizing disability: social, medical, cultural affiliation, economic, charity, and functional solutions. Once universally accepted in

6720-485: Is to decode and deconstruct the unstated assumptions about disability. Unlike the social model, the cultural model views both "impairment" and "disability" as social constructions—and troubles the idea that these concepts may be easily separated. In the radical model, disability as a category is socially constructed , and was created for the purposes of capitalism and white supremacy . The radical model acknowledges that disabled people do not, in practice, control

6860-403: Is to minimize the effects of disability in society. This model expects disabled people to conform as much as possible to society. Similar to the medical model, it places rehabilitation experts as the authorities on disability, rather than disabled people. The technological model, also known as disability technoscience, aims to reduce the effect of disability through technological means. It

7000-492: Is understood today, is interlocked with class and capitalism. Intellectual disability, as it is understood today, is the product of the industrial revolution as workers unable to keep up with fast-paced factory work were pathologized. Robert McRuer challenges hegemonic, neoliberal capitalism as the agent that drives the dominant cultural and market priorities and further argues that capitalism drives compulsory able-bodiedness. In Feminist, Queer, Crip , Alison Kafer states "My goal

7140-530: Is usually contrasted directly with the medical model of disability. Whereas the medical model views disability as a problem caused within the individual, the social model views disability as a problem with the society in which the individual lives. The social model, like the affirmation model, was created by disabled activists. The end goal of the social model is a world where disabled people enjoy unrestricted social participation. All barriers for disabled participation have been removed through universal design in

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7280-645: The COVID-19 pandemic brought to light how common it is for abled people to see disabled lives as expendable, such as through the common refrain that "only the old and sick will die" and medical rationing policies that explicitly discriminate against disabled people. Similar reports are found of disabled people treated as expendable with regard to climate change and disaster preparedness , and have been termed "Climate Darwinism". Certain environmentalist discourses which focus on fixing " overpopulation " (rather than over-consumption) are criticized for often implying

7420-483: The Disabled Lesbian Alliance (DLA) are not represented in the archives of literature and documentation of events in the community. The DLA work closely together to fight for visibility, accessibility and acceptance of individuals whether they are disabled, or lesbian or both. Corbman's article highlights the beginning of disability activism during the feminist movement of the 1970s and 1980s and how

7560-665: The National Register of Historic Places , or properties designated as historic under state or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However,

7700-545: The Social model of disability which instead views disablement being a result of societal exclusion and discrimination . Different models can be combined: the medical model is frequently combined with the tragedy model, which views disability as a personal misfortune. Together they form hegemonic views of disability in Western society. Other models exist in direct opposition: the affirmation model, which views disability as

7840-464: The U.S. Department of Justice . These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity. Title II applies to public transportation provided by public entities through regulations by

7980-638: The U.S. Department of Transportation . It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed-route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport. Title II also applies to all state and local public housing, housing assistance, and housing referrals. The Office of Fair Housing and Equal Opportunity

8120-664: The disability rights movement , which arose in the 1950s. In 1981, the United Nations ' International Year of Disabled Persons brought disability into the public sphere as a human rights issue. Five years later, the Social Science Association's Section for the Study of Chronic Illness, Impairment, and Disability was renamed the Society for Disability Studies , and its journal Disability Studies Quarterly

8260-734: The erotophobia towards minority groups like people with disabilities further oppresses them, since it prevents these groups from gaining political power through sexual agency and power. At the intersection of disability studies and critical theory is critical disability theory. The term crip theory originates in Carrie Sandahl's article "Queering the Crip or Crippling the Queer?: Intersections of Queer and Crip Identities in Solo Autobiographical Performance". It

8400-459: The social construction model and the critical disability studies (CDS) model, understands both disability and impairment as categories generated by academic knowledge, cultural media, and everyday discourse. This model focuses on the social forces which shape and reinforce the category of "disability". This model uses a post-structural sociocultural lens to examine how the boundaries of disability shift across cultures and times. Its end goal

8540-444: The "solution" is to rid the world of degenerate (disabled) people. The affirmation model, also known as the affirmative model and the identity model, centres the benefits of being disabled. It is a direct rejection of the tragedy model of disability. This model was developed by disabled people and positions disabled people as authorities on disability. The concept of Deaf Gain refers to how losing one's hearing also gains one

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8680-533: The ADA include both mental and physical conditions. A condition does not need to be severe or permanent to be a disability. Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: amputation , attention deficit hyperactivity disorder (ADHD), autism , bipolar disorder , blindness , cancer , cerebral palsy , deafness , diabetes , epilepsy , HIV/AIDS , intellectual disability , major depressive disorder , mobility impairments requiring

8820-591: The ADA is a "failure to remove" architectural barriers in existing facilities. See 42 U.S.C.   § 12182(b)(2)(A)(iv) . This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable", defined as "...easily accomplished without much difficulty or expense". The statutory definition of "readily achievable" calls for

8960-543: The ADA labeled religious institutions "public accommodations" and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations". Church groups such as the National Association of Evangelicals testified against the ADA's Title I employment provisions on grounds of religious liberty. The NAE believed

9100-609: The ADA, all new construction (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix A . Title III also has applications to existing facilities. One of the definitions of "discrimination" under Title III of

9240-455: The ADA, while the bill was opposed by business interests (who argued the bill imposed costs on business) and conservative evangelicals (who opposed protection for individuals with HIV ). The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush . It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009. Conditions classed as disabilities under

9380-510: The Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities. Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building , shed their crutches, wheelchairs , powerchairs and other assistive devices , and immediately proceeded to crawl and pull their bodies up all 100 of

9520-503: The Capitol's front steps, without warning. As the activists did so, many of them chanted "ADA now", and "Vote, Now". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy , was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to." This direct action

9660-555: The Chris Bell Memorial Scholarship to honor Bell's commitment to diversity in disability studies. Postsecondary disability studies programs increasingly engage with the intersectionality of oppression. The University of Manitoba offers a course on "Women with disabilities". Several recent masters' student research papers at York University focus on issues related to women with disabilities and people of African descent with disabilities. Feminism integrates

9800-656: The Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations . In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act and drafted the first version of the bill which was introduced in the House and Senate in 1988. A broad bipartisan coalition of legislators supported

9940-746: The Federal Communications Commission (FCC) to adopt rules requiring closed captioning of most television programming. The FCC's rules on closed captioning became effective January 1, 1998. Title IV of the ADA amended the Communications Act of 1934 primarily by adding section 47 U.S.C.   § 225 . This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in

10080-597: The Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month. Title V includes technical provisions. It discusses, for example,

10220-660: The Lesbian Disabled Veterans of America group in 1996 which then became the Gay, Lesbian, Bisexual and Transgender Disabled Veterans of America, and the San Francisco Gay Amputees group in 2006. A 2012 study showed that disability was more common in LGBTQ individuals when compared to heterosexual peers. It was also shown that the LGBTQ group with disabilities were noticeably younger in age than

10360-623: The Social Science Association (United States) was renamed the Society for Disability Studies . The first US disabilities studies program emerged in 1994 at Syracuse University . The first edition of the Disabilities Studies Reader (one of the first collections of academic papers related to disability studies) was published in 1997. The field grew rapidly over the next ten years. In 2005, the Modern Language Association established disability studies as

10500-527: The United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down. The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities,

10640-737: The United States Constitution . The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission , who can sue on their behalf. Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by

10780-419: The affirmation model is a world where disabled people have a collective identity which is a source of positive self-image and pride. The social model views disablement as being caused by societal ableism . Disability is differentiated from impairment: impairment is the physical limits of one's bodymind , whereas disability is caused by society. For example, being born unable to hear is an impairment. But what

10920-528: The animal is a direct threat to someone's health and safety. Allergies and fear of animals are not considered to be such a threat. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals. Businesses that prepare or serve food are not required to provide care, food, a relief area for service animals. Extra fees for service animals are forbidden. They cannot be discriminated against, such as by isolation from people at

11060-417: The animal is a service animal and ask what tasks it is trained to perform, but are not allowed to ask the service animal to perform the task nor ask for an animal ID. They cannot ask what the person's disabilities are. A person with a disability cannot be removed from the premises unless one of two things happen: the animal is out of control and its owner cannot control it (e.g., a dog barking uncontrollably), or

11200-477: The arts. However, students are taught to focus on the lived experiences of individuals with disabilities in practical terms. The field is focused on increasing individuals with disabilities access to civil rights and improving their quality of life . Disability studies emerged in the 1980s primarily in the US, the UK, and Canada. In 1986, the Section for the Study of Chronic Illness, Impairment, and Disability of

11340-408: The barriers confronted by people with physical disabilities. The experience of impairment, cognitive disability, and mental illness had been absent from the discussion. It is unclear exactly which perspective of disability scholarship "psychological impairment" can fall under, and this has led to a hesitation on the part of scholars. Scholars such as Peter Beresford (2002) suggest "the development of

11480-439: The biopsychosocial model as victim-blaming. According to Inclusion London, the biopsychosocial model treats the primary cause of unemployment amongst disabled people not due to workplace discrimination but instead due to the disabled individuals themselves having negative attitudes and behaviours about work. If a disabled person becomes depressed because they repeatedly encounter workplace discrimination, and stop applying for jobs,

11620-512: The biopsychosocial model places the onus on the disabled person for not having tried hard enough. The economic model understands disability as a deficit to the economy . The model uses the lens of economic analysis to quantify the effect of disability on economic productivity , such as through the Disability-adjusted life year . The value of a disabled person is hence reduced to their ability to contribute to capitalism, and

11760-444: The built environment, widespread use of signed languages, Universal Design for Learning in teaching, universal access to support workers who are paid fair wages, and so on. The social model has been criticized for being overly reductionist. Some disabilities, such as ME/CFS , involve physical pain or fatigue , and as such do not neatly fit in the conventional social model of disability. The human rights model, also known as

11900-405: The condition (if the condition is episodic). Certain specific conditions that are widely considered anti-social , or tend to result in illegal activity, such as kleptomania , pedophilia , exhibitionism , voyeurism , etc. are excluded under the definition of "disability" in order to prevent abuse of the statute's purpose. Additionally, sexual orientation is no longer considered a disorder and

12040-408: The definition of disability, and so "disability" is anyone who has been identified by the relevant political powers as disabled. The radical model, like the cultural model, pays attention to the social forces that shape the category of disability. It also views "impairment" and "disability" to be equally socially constructed. The radical model focuses on the intersectional aspects of how disability

12180-472: The denigration of others. There is discourse within disability studies to analyze the construction of mental illness. However, few post-structuralist disability scholars have focused their attention to impairments of the mind. According to Carol Thomas, a reader in sociology at the Institute for Health Research, Lancaster University , this may be because disability scholars have in the past considered only

12320-464: The different kind of oppression queer and transgender people with disabilities have. Queer studies are commonly associated with people with disabilities who identify as "Crip" and is commonly believed that queer politics must incorporate crip politics. Alison Kafer describes a first-person experience of identifying queer and crip both reappropriated terms in Kafer's Feminist Queer Crip . Kafer describes

12460-457: The disabled person has the exact requisite paperwork to prove their worthiness. The end goal of this model is to shield institutions from legal liability . Disabled people are hence seen as a deficit in rule-following. This model is used by disability advocates to criticize how bureaucratic accommodations for disabled people are often one-size-fits-all, rigid, ineffective, and inaccessible to many who need them. The eugenic model argues that

12600-462: The early 1990s, it led to the installation of public teletypewriter (TTY) machines and other TDD ( telecommunications devices for the deaf ). Title IV also led to the creation, in all 50 states and the District of Columbia, of what was then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS relay . Today, many TRS-mediated calls are made over

12740-407: The existing social system, rather than enacting fundamental social change. For example, the human rights model aims to prevent legal discrimination in disabled people owning private property, and does not question the legitimacy of land ownership in settler colonial nations. The human rights model aims for disabled individuals to have complete autonomy over decisions affecting their lives. Unlike

12880-724: The fact that nothing in the ADA amends, overrides or cancels anything in Section 504 . Additionally, Title V includes an anti-retaliation or coercion provision. The Technical Assistance Manual for the ADA explains this provision: III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights ... Any form of retaliation or coercion, including threats, intimidation, or interference,

13020-406: The field, the social model of disability Since 2009, there has been a developing counter-argument to the social model of disability . In a 2014 Disability Studies Quarterly article, students involved in campus disability groups note that they actively seek cures for their chronic illnesses and "question the rejection of the medical model" of disability. The cultural affiliation model accepts

13160-424: The financial impact of disability is more often evaluated with respect to employers and nation-states . Indeed, this model is often invoked in policy-making in Western countries. The bureaucratic model of disability, also known as the compliance model, treats disability as a question of legal compliance for institutions . Disabled people are understood deserving of special exceptions to rules, but only if

13300-497: The focus from disability rights to disability justice . The radical model posits there is nothing inherently wrong with disabled people: Deaf people are a linguistic minority , neurodivergent people think differently, people with mobility disabilities move differently, et cetera. The end goal of the radical model is a world without kyriarchy . The radical model is explicitly anti-capitalist , anti-racist , anti-colonial , feminist , and queer liberationist . Politically it

13440-502: The functional limitations of the body through technological or methodological innovation. The pragmatism of the functional solution model deemphasizes the sociopolitical aspects of disability, and instead prioritizes inventiveness and entrepreneurship. This is the prevailing opinion behind compliance literature that promotes self-efficacy and self-advocacy skills for people with disabilities preparing for transition to independent living. The social model has also been challenged for creating

13580-454: The gendering process and self-representation of people with disabilities. Ellen Samuels explores gender , queer sexualities, and disability. Feminists also look into how people with disabilities are politically oppressed and powerless. Abby L. Wilkerson argues that people with disabilities are politically powerless because they are often desexualized, and the lack of sexual agency leads to the lack of political agency. Wilkerson also indicates that

13720-471: The heterosexual group. In a 2014 study of intersecting identities found that "disabled women whether gay, straight, bisexual or otherwise identifying have a harder time finding romantic relationships due to their socioeconomic status and ability. Drummond and Brotman introduce the idea that the lesbian disabled community face many barriers because of discrimination in the form of ableism, homophobia, racism and more due to intersecting identities and interests. It

13860-430: The human race should take an active role in selectively breeding for desirable physical and mental characteristics. In the eugenic model, people are categorized as fit or unfit. Its end goal is a population composed solely of those who are "fit", and has been used as justification for mass-sterilization and mass-murder of those seen as unfit. In the eugenic model, disability is not merely an individual deficit but

14000-616: The illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use. Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to

14140-522: The inclusion of intersectionality in disability studies. It focuses on race , gender , sexuality , class and other related systems of oppression that can also intersect with having a disability. From a feminist standpoint, there is a large concern for grasping multiple positions and differences among social groups. Some research on intersectionality and disability has focused on the aspect of being part of two or more stigmatized groups and how these are contributing factors to multiple forms of harassment,

14280-596: The interactions between biological, psychological, and social factors can influence the outcome of any given medical condition. The model has been critiqued by both disability and medical communities as the psychological element is often overemphasized in clinical practice. For example, the biopsychosocial model has been used by physicians to dismiss myalgic encephalomyelitis and medically unexplained symptoms as psychosomatic in nature without adequate investigation to somatic causes nor consideration of social determinants of health . Disability advocates have criticized

14420-589: The intersecting identities enticed new members and activists from across the country to join the cause. Other disability-centered feminist organizations that are part of the feminist archives include the Lesbian Illness Support Group and Gay and Lesbian Blind (GLB). Sara Ahmed elaborates the mental exclusiveness of privilege in "Atmospheric Walls": there is an atmosphere surrounding minority bodies, explaining why an intersectionally privileged person could be made uncomfortable simply by being in

14560-788: The intersection of disability and race and the use of dis/ability as a metaphor within the genre of black women's speculative fiction . Collectively, these works reflect an effort to deal with complex histories of marking racially "othered" bodies as physically, psychologically, or morally deficient, and traces this history of scientific racism to contemporary dynamics. Empirical studies show that minority students are disproportionately more likely to be removed from class or school for "behavioral" or academic reasons, and far more likely to be labeled with intellectual or learning disabilities. In addition to work by individual scholars, disability studies organizations have also begun to focus on disability and race and gender. The Society for Disability Studies created

14700-454: The intersection of disability and transgender studies, namely as to how these disciplines can learn from each other. Similarly to how there is a 'coming out' for both transgender people and people with disabilities, there is a lack of bodily privacy both groups are faced with, primarily due to an over-medicalization of the body. Clare also works to make the distinction between bodily and medical truths, where one's diagnosis and medical treatment as

14840-424: The job, scheduling changes, and changes to the way work assignments are chosen or communicated. An employer is not required to provide an accommodation that would involve undue hardship (excessive difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in

14980-444: The literary context. A variation emerged in 2017 with the first accessibility studies program at Central Washington University with an interdisciplinary focus on social justice, universal design, and international Web Accessibility Guidelines (WAG3) as a general education knowledge base. Universities have long studied disabilities from a clinical perspective, though discussions around the depathologization of disability began following

15120-510: The literature above is written by individual authors in the United States but there is nothing on there from other countries that depicts disability and sexuality in the same context. Myren-Svelstad, a Norwegian scholar compares two deviant novels in Norway's society, Nini Roll Anker's Enken [the Widow] written in 1932 and Magnhild Haalke's Allis sønn [Alli's Son] written in 1935. They both depict

15260-413: The medical model (a deficit in health) and the rehabilitation model (a deficit in employment). The tragedy model views disability as an individual's misfortune. It is one of the most dominant conceptualizations of disability in Western society. It is generally an individualistic view of disability: each disability is an individual, personal tragedy. The tragedy model is criticized for being ableist; it

15400-462: The non-random distribution of risk factors capable of exacerbating disablement processes. Such risk factors can be acute or chronic stressors, which can increase cumulative risk factors (overeating, excessive drinking, etc.) The decline of immune function with age and decrease of inter-personal relationships which can impact cognitive function with age. Disability studies courses include work in disability history, theory, legislation, policy, ethics, and

15540-446: The normalization model, views disability as a medical disorder, in need of treatment and ultimately cure. Its endpoint is a world where disability no longer exists, as all disabilities have been "cured". In the medical model, physicians are the primary authorities on disability. It is categorized as a deficit model, as it views disability as a deficit in health. It is also categorized as an individualistic model, in that disablement

15680-662: The number of degree-granting programs grew from 212 to 420. A total of 17 degrees in disability studies were offered, with 11 programs in the US, 2 in the UK, 3 in Canada, and 1 in Australia. The 2014 article "Disability Studies: A New Normal" in The New York Times suggests that the expansion in disability studies programs is related to the 1990 passage of the Americans with Disabilities Act (ADA). Those raised after

15820-469: The ones who struggle not only with being disabled and facing ableist norms of society but they also have to contend with other identities such as being queer, a woman or a person of another race other than the master race of caucasian in America. Queer/disabled invisibility can also come up in forms of negative perceptions about the way a disabled individual is being raised. For instance, queer mothers raising

15960-475: The operation of several specified "major bodily functions". The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court's finding that an impairment that substantially limits one major life activity must also limit others to be considered

16100-406: The outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive." The National Federation of Independent Business , an organization that lobbies for small businesses, called the ADA "a disaster for small business". Pro-business conservative commentators joined in opposition, writing that

16240-400: The outside, with those providing charity viewed as benevolent contributors to a needy population. The functional solutions model of disability is a practical perspective that identifies the limitations (or "functional impairments") due to disability, with the intent to create and promote solutions to overcome those limitations. The primary task is to eliminate, or at least reduce, the impact of

16380-584: The paradox known as "Double Jeopardy". In academic settings and practices such as gender or women's studies the course work does not always highlight ideals of intersectionality and identity. But Sri Craven highlights the fact that in academia students and professors do not look at history in a culmination of the intersecting identities but rather focus in one perspective. Craven and his colleagues include identities such as disability both mental and physical in an alternative course description to get students and faculty to think about identity, oppression and struggle in

16520-435: The passage of the ADA have entered colleges and the workforce, as Disability Studies has grown. In a 2014 article, Disability Studies Quarterly published an analysis on the relationships between student run groups and disability studies, from 2008 to 2012. Their article analyzes groups at four different universities and describes how professors have incorporated student activism into their curriculum and research. According to

16660-501: The passage of the ADA, the use of captioning has expanded. Entertainment, educational, informational, and training materials are captioned for deaf and hard-of-hearing audiences at the time they are produced and distributed. The Television Decoder Circuitry Act of 1990 requires that all televisions larger than 13 inches sold in the United States after July 1993 have a special built-in decoder that enables viewers to watch closed-captioned programming. The Telecommunications Act of 1996 directs

16800-417: The person's disability completely and uses it a point of pride in being associated with other people in a similar condition. The economic model recognizes the effect of bodily limitations on a person's ability to work, and there may be a need for economic support or accommodations for the person's disability while the charity model regards people with disabilities as unfortunate and in need of assistance from

16940-421: The politics of the crip future and "an insistence on thinking these imagined futures — and hence, these lived presents — differently". An aspect of disability studies that is not often talked about is that of the perception of seeing disabled individuals as invisible. Also known as "queer/disabled invisibility". In disability studies the individuals who are disabled who make it into academic course work are usually

17080-546: The queer community and medical providers because of her disability. The discrimination the women in these examples is part of the heteronormative, ableistic perspective in societies around the world today but are rarely discussed in the literature or during disability studies courses. Within class comes multiple avenues for intersectionality through disability. Disability looks different from a middle class, upper class, and lower class perspective, as well as through race, gender, and ethnicity. One's social class can contribute to when

17220-498: The regulation of the internal employment of churches was "... an improper intrusion [of] the federal government." Many companies, corporations, and business groups opposed the Americans with Disabilities Act, arguing that the legislation would impose costs on businesses. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to

17360-450: The religious model, views disability as a form of punishment for having a deficit in one's morality. In Judeo-Christian tradition , disability may be viewed as a punishment by God for having sinned; in Hindu tradition , disability may be understood as karma for misdeeds committed in one's past life. The moral model is characterized by a distrust of disabled individuals. The moral model

17500-552: The report was to recommend the adoption of comprehensive civil rights legislation, which became the ADA. The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late 1988 and early 1989. In early 1989 both Congress and the newly inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws. Over

17640-425: The requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether

17780-451: The rights model, views disabled people as inherently worthy of human rights and dignity. Disabled people should have the same rights as every one else in society, and should have legal protections from discrimination . It is contrasted with the charity model. With its focus on personal liberties, rights, and autonomy, this model is rooted in philosophical liberalism . The human rights model has been criticized as it focuses on reforming

17920-549: The same room as a person of color, or in this case someone with a disability. Feminists and scholars also developed theories that put attention on the connection of gender and disability. Scholars like Thomas J. Gerschick argue that disability plays a big role in processing and experiencing gender, and people with disabilities often suffer stigmatization towards their gender, since their disabilities may make their body representation excluded by normative binary gender representation. Gerschick also argues that this stigmatization can affect

18060-497: The shared human experience of embodiment". Garland-Thomson further describes that "identity based critical enterprises have enriched and complicated our understandings of social justice, subject formation, subjugated knowledges and collective action". Feminism works towards accessibility for everyone regardless of which societal oppressive behavior makes them a minority . Although physical adjustments are most commonly fought for in disability awareness, psychological exclusion also plays

18200-447: The social and political aspects that makes a body oppressed while allowing empowerment to be present in acknowledging its culture. Scholars of feminist disability studies include Rosemarie Garland-Thomson and Alison Kafer . Garland-Thomson explains that these related systems of oppression pervades all aspects of culture by "its structuring institutions, social identities, cultural practices, political positions, historical communities, and

18340-697: The social model, the human rights model recognizes that some disabled people experience chronic pain and/or fatigue that they wish to have treated or cured. The human rights model asserts all disabled people have a right to patient-centred medical treatment which respects their bodily autonomy , and respects that some disabled people may use this right to have their disability cured. 1800s: Martineau · Tocqueville  ·  Marx ·  Spencer · Le Bon · Ward · Pareto ·  Tönnies · Veblen ·  Simmel · Durkheim ·  Addams ·  Mead · Weber ·  Du Bois ·  Mannheim · Elias The cultural model of disability, also known as

18480-428: The swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions. ADA provides explicit coverage for service animals . Guidelines protect persons with disabilities and indemnify businesses from damages related to granting access to service animals. Businesses are allowed to ask if

18620-545: The transnational Society for Disability Studies : Using an interdisciplinary, multidisciplinary approach. Disability sits at the intersection of many overlapping disciplines in the humanities, sciences, and social sciences. Programs in Disability Studies should encourage a curriculum that allows students, activists, teachers, artists, practitioners, and researchers to engage the subject matter from various disciplinary perspectives. The social model of disability

18760-523: The years, key activists and advocates played an important role in lobbying members of the U.S. Congress to develop and pass the ADA, including Justin Whitlock Dart Jr. , Patrisha Wright and others. Wright is known as "the General" for her work in coordinating the campaign to enact the ADA. She is widely considered the main force behind the campaign lobbying for the ADA. Senator Bob Dole

18900-405: Was a supporter and advocate for the bill. Conservative evangelicals opposed the ADA because the legislation protected individuals with HIV, which they associated with homosexuality. The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. The Association of Christian Schools International opposed the ADA in its original form, primarily because

19040-697: Was about forty years later in 2013 that the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition ( DSM-5 ) changed the listing of transgender to "gender dysphoria". One of the most notable circumstances where the case of these two minority rights come together was the court case In re Guardianship of Kowalski , in which an accident that occurred in 1983 left 36-year-old Sharon Kowalski physically disabled with severe brain injuries. The court granted guardianship of her to her homophobic parents who refused visitation rights to her long time partner, Karen Thompson. The court case lasted nearly ten years and

19180-474: Was its chief sponsor in the Senate. Harkin delivered part of his introduction speech in sign language, saying it was so his deaf brother could understand. President George H. W. Bush , on signing the measure on July 26, 1990, said: I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and

19320-430: Was published in 2003 as part of a journal issue titled "Desiring Disability: Queer Theory Meets Disability Studies". Christopher Bell 's Blackness and Disability ; and the work of Robert McRuer both explore queerness and disability. Work includes the intersections of race and ethnicity with disability in the field of education studies and has attempted to bridge critical race theory with disability studies. Most of

19460-527: Was resolved by granting Thompson custody in 1991. This was a major victory in the realm of gay rights but also called to attention the validity of rights for those who identified under the queer and disabled spectrum. Numerous support groups emerged from necessity to create safe spaces for those identifying in these specific minority groups such as the founding of the Rainbow Alliance of the Deaf in 1977,

19600-565: Was the first journal in disability studies. The first US disabilities studies program emerged in 1994 at Syracuse University . However, courses and programs were very few. In the 1997 first edition of the Disability Studies Reader , Lennard J. Davis wrote that "it had been virtually impossible to have someone teaching about disability within the humanities". In the second edition, written ten years later, he writes that "all that has changed", but "just because disability studies

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