To analyze the development and the legislative history of the Americans with Disabilities Act of 1990 (ADA), it is important to discover the definition of disability as enacted by the United States Congress. “When Senators Weicker and Larkin first introduced the Americans with Disabilities Act (ADA; Public Law No. 101–336 [1990]) in 1988, only 30 percent of people with disabilities in the United States were employed. Title I, the section of the ADA pertaining to employment discrimination, sought to address this persistent no employment among people with disabilities. The law served to extend antidiscrimination provisions of the Rehabilitation Act of 1973 (Public Law No. 93–112 [1973]) to the private sector and to clarify congressional intent
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Linda Chen conducted a review of the legislative history on discrimination visited upon individuals with a physical disability. “In 2008, Congress enacted the American with Disabilities Act Amendment Act (ADAAA) to broaden the coverage of the American with Disabilities Act (ADA). In Part V, I re-visit the ADAAA and its regulations. The language in the ADAAA suggests that the barriers approach should be adopted” (Chen). In the original ADA, Congress used the abilities approach, whereas in the ADAAA legislation the barriers approach is used. “However, as Part VI shows, courts have continued to use both approaches since the enactment of the ADAAA. This Note criticizes the use of the abilities approach in determining disability, and argues instead that the barriers approach be adopted. Because disabilities are impairments that impose constraints on individuals, plaintiffs’ achievements and abilities should not overshadow the barriers imposed by their disabilities” (Chen, 2015). Dr. Chen goes on to suggest that the barriers approach is more consistent with the original purpose of the Americans with Disabilities Act relative to relief based on discrimination to individuals with …show more content…
Before the Americans with Disabilities Act of 1990, the United States Congress did address the issue of employment discrimination.
Under President Lyndon B. Johnson, Congress passed the Civil Rights Act of 1964. Title VII of the Act, addressed the problem of discrimination in employment. Congress noted that discrimination existed in America on the basis of race religion sex and national origin. Today, after over 50 years discrimination in employment continues to plague our society.
“Years after the Civil Rights Act of 1964 was passed, discrimination continues to plague our society, draining it of valuable resources and denying full opportunities to all” (Hagen, 1995). The essence of the Civil Rights Act of 1991 was to allow plaintiffs additional latitude to bring a discrimination
Linda Chen conducted a review of the legislative history on discrimination visited upon individuals with a physical disability. “In 2008, Congress enacted the American with Disabilities Act Amendment Act (ADAAA) to broaden the coverage of the American with Disabilities Act (ADA). In Part V, I re-visit the ADAAA and its regulations. The language in the ADAAA suggests that the barriers approach should be adopted” (Chen). In the original ADA, Congress used the abilities approach, whereas in the ADAAA legislation the barriers approach is used. “However, as Part VI shows, courts have continued to use both approaches since the enactment of the ADAAA. This Note criticizes the use of the abilities approach in determining disability, and argues instead that the barriers approach be adopted. Because disabilities are impairments that impose constraints on individuals, plaintiffs’ achievements and abilities should not overshadow the barriers imposed by their disabilities” (Chen, 2015). Dr. Chen goes on to suggest that the barriers approach is more consistent with the original purpose of the Americans with Disabilities Act relative to relief based on discrimination to individuals with …show more content…
Before the Americans with Disabilities Act of 1990, the United States Congress did address the issue of employment discrimination.
Under President Lyndon B. Johnson, Congress passed the Civil Rights Act of 1964. Title VII of the Act, addressed the problem of discrimination in employment. Congress noted that discrimination existed in America on the basis of race religion sex and national origin. Today, after over 50 years discrimination in employment continues to plague our society.
“Years after the Civil Rights Act of 1964 was passed, discrimination continues to plague our society, draining it of valuable resources and denying full opportunities to all” (Hagen, 1995). The essence of the Civil Rights Act of 1991 was to allow plaintiffs additional latitude to bring a discrimination