Guide to Getting Reproductive Health Care Services for Women with Disabilities Under the Americans with Disabilities Act of 1990

Abstract

For women with disabilities, obtaining reproductive health care services from physicians is not always easily accomplished. There are non-physical barriers such as: 1) physicians' attitudes that dehumanize women with disabilities, and treat them as asexual: 2) women with disabilities' lack of knowledge about sexuality and reproduction; and 3) physicians' unfamiliarity in treating women with disabilities. There are physical and architectural barriers as well, such as: 1) physicians' offices that are inaccessible; and 2) patients' difficulties in communicating with their physicians if they have a visual or hearing impairment. The Americans with Disabilities Act (ADA) was passed by Congress in 1990, and this statute generally and specifically prohibits physicians, both in their private offices and in state and locally-funded health care clinics, from engaging in certain actions that may prevent women with disabilities from obtaining reproductive health care services. Physicians cannot deny services, cannot give unequal treatment, and cannot give separate treatment to women with disabilities who are covered under the Act. The ADA encourages physicians to integrate patients with disabilities with patients without disabilities. Specifically, the ADA prohibits: 1) eligibility criteria that screen out patients with disabilities; 2) not modifying policies, practices, and procedures to accommodate the needs of women with disabilities; 3) not using auxiliary aids and services or an alternative means of communication with patients with disabilities, unless it is an undue burden; and 4) not removing architectural and communication barriers that are structural in nature, if readily achievable. For violations of the ADA, complaint procedures are listed in this article, as well as sources of information from which women with disabilities and others can obtain more knowledge about the ADA.