Americans With Disabilities Act Research Articles

58 Inclusive Strategies for Course Development: Moving Beyond Ada Compliance

Abstract This session will present how New Mexico State University, through the Disability Access Services Department, works with students who disclose a disability or impairment that creates barriers in their courses or other University sponsored activities. It will include a brief overview of post-secondary trends and the most commonly reported disabilities and requests for accommodations in university settings. Attendees will become familiar with the process to implement accommodations that can mitigate such barriers and what it means to be a qualified student with a disability who can receive accommodations. After covering how to meet the requirements of the American’s with Disabilities Act (ADA), the session will provide strategies for course development that can be inclusive of every student and even reduce the need for students with disabilities to request accommodations. We will discuss Universal Design concepts and provide examples of strategies that can be built into a course.

Survey of Knowledge of ADA: Basic Concepts, Accessibility Fundamentals - Disabilities, Guidelines, and Laws, Web Accessibility Testing

Introduction: The purpose of the project is to measure the knowledge of persons with blindness or low vision (BLV), addressing the Americans with Disabilities Act (ADA), accessibility fundamental, and web accessibility of persons with low vision or blindness.
 Methods: A survey of knowledge addressing the Americans with Disabilities Act (ADA) Basics, Accessibility Fundamentals, Web Accessibility: Basic Methods and Tools, and Web Accessibility Testing: Screen Readers was developed and distributed through Qualtrics. The knowledge test was to take 30 to 35 minutes. A final question will ask if a participant would like to participate in a training program on the aforementioned topics. Data was analyzed using MS Excel.
 Results: Out of the target of 15 participants, seven elected to start the knowledge survey for a 47% return. However, five of the seven fully completed the knowledge survey. The average score was 33 out of 45 for an average percentage of 75%.
 Discussion: The findings demonstrate that persons with low vision or blindness need training and more knowledge of web accessibility. Additional research to explore knowledge accessibility of persons with low vision and blindness should be encouraged to explore careers and training in the field.
 Implications for Practitioners: Developing web accessibility training and providing resources for accessibility certification may be beneficial. It is essential to support persons with visual impairments to obtain licensure or certification. Career development and planning to help employment should be included.

Advocacy for patients with opioid use disorder: A primer for physicians and other clinicians on the Americans with Disabilities Act.

Americans with opioid use disorder (OUD) have a disability that is protected under the Americans with Disabilities Act (ADA). Physicians may observe ADA violations when patients are forced to stop taking medications for opioid use disor-der (MOUD) as part of an entity's blanket policy that prohibits MOUD or when patients are denied medical treatment for various illnesses due to having an OUD diagnosis and/or receiving MOUD. Physicians and patients are likely unaware of how to identify potential ADA violations or what to do when they encounter one. This article will explain the ADA and how its protections are applicable to patients with OUD using several case examples. Physicians will learn to recognize possi-ble ADA violations and how to file a report with the Assistant United States Attorney. The article will outline how previous ADA settlements have addressed barriers to MOUD treatment access and highlight the need for more clinicians to serve as advocates to ensure all public entities and accommodations are in compliance with the ADA as it pertains to patients with OUD.

Recovery Ready Workplaces: A key strategy for reducing overdoses and sustaining recovery from substance use disorder.

In 2021, overdose deaths surpassed the 100,000 mark for the first time in the United States' history, and alcohol-related deaths continue to surpass 140,000 each year. Regulatory and societal barriers to effective treatment and prevention of substance use disorder (SUD) persist. Innovative strategies and approaches to support long-term recovery can help re-duce morbidity and mortality associated with SUD. Improving access to quality treatment and the availability of a broad range of policies and programs to support recovery and address social determinants of health, including employment supports, are key to curbing the overdose epidemic and rebuilding stronger communities. This article outlines the role Recovery Ready Workplaces can play in reducing overdoses and helping individuals sustain recovery from SUD, as well as in strengthening communities. This article describes how congressional and state legisla-tive action, Americans with Disabilities Act (ADA) enforcement and expansion, and other programmatic and fiscal policy changes at the state and federal levels will accelerate the adoption of Recovery Ready Workplaces as an element of a comprehensive response to SUD. The article also identifies existing state models and proposes specific federal- and state-level solutions to address some of the current limitations. Recovery Ready Workplaces benefit employees, employers, and the nation's economy. Recovery Ready Workplaces are a supportive tool and policy strategy to help those with SUD thrive in recovery and to bolster communities and the econ-omy as a whole.

Americans with disabilities act cases initiated by individuals with cochlear implants in the United States

ObjectiveThe Americans with Disabilities Act (ADA) is a federal law that forbids discrimination against individuals with certain disabilities, including hearing impairment. This study aimed to determine the nature of ADA discrimination complaints in individuals with cochlear implants. MethodsA search for court decisions containing the terms “cochlear implant” and (“Americans with Disabilities Act” or “ADA”) from 1985 to 2021 was performed with the Westlaw Campus Research legal database. Cases were included and analyzed if at least one of the plaintiffs had a cochlear implant and was claiming discrimination related to their hearing impairment based on the ADA. Results24 cases initiated between 2003 and 2021 in 19 US states were identified based on inclusion criteria. The highest number of cases occurred in California (N = 4, 16.7 %). The alleged discrimination most frequently took place at a K-12 school (N = 9, 37.5 %), workplace (N = 7, 29.2 %), or during an encounter with police/correctional officers (N = 4, 16.7 %). Fourteen (58.3 %) cases involved complaints under Title II (Public Services) of the ADA. Seven (29.2 %) involved Title I (Employment) and 4 (16.7 %) involved Title III (Public Accommodations). Summary judgment was given in favor of the defendant or the case was dismissed entirely in 16 (66.7 %) of the cases. ConclusionPatients with cochlear implants are still at risk of discrimination because of their disability. Cochlear implantees, school employees, workplace supervisors, and law enforcement personnel can benefit from ADA education.

The Issue of Protection of Disabled Persons Rights

This article covers the present condition of disability rights in the United States, focusing on the continued obstacles experienced by those with disa-bilities in the workplace, public spaces, and sporting venues. Despite the fact that the Americans with Disabilities Act (ADA) offers extensive safeguards for those with impairments, these provisions are seldom implemented. In 2019, the United States Equal Employment Opportunity Commission re-ceived over 24,000 complaints of disability-related employment discrimina-tion, illustrating the persistent difficulties experienced by handicapped work-ers. In addition, the United States Department of Justice received approxi-mately 8,000 complaints involving accessibility issues in public areas, under-scoring the ongoing need for stricter enforcement of laws governing public accessibility. Participation in sports has been proven to provide substantial advantages for those with disabilities, but it remains difficult to ensure that sports facilities are really accessible and inclusive. According to the article's premise, full application and enforcement of disability rights laws in the United States requires more education and awareness among employers, public accommodations, and sports management.

Reflection on the application of the Consolidated Framework for Implementation Research to a national policy to improve inclusion of people with disabilities

People with disabilities face many barriers in the built environment impacting their mobility, health, and social participation. In the US, under the Americans with Disabilities Act (ADA), municipalities were required to develop and implement barrier-removal plans for pedestrian infrastructure, called ADA transition plans, but very few have done so. Many communities know they need a plan but do not know how to get it done because of a lack of understanding of the many different implementation considerations. Implementation science offers a useful approach for understanding complex policy implementation such as ADA plans. This paper provides a reflection on the adaptation of the Consolidated Framework for Implementation Research (CFIR) to evaluate the implementation of ADA transition planning. To apply the CFIR, we tailored the construct definitions and modified them to fit the specific context of the ADA transition planning process. We documented the constructs that were more challenging to apply, those that were not relevant, and those that were particularly useful. This paper can serve as a valuable example that other researchers can use when considering adapting the CFIR or other implementation frameworks for the evaluation of complex social policy beyond the ADA.

Aging and Disability: An Exploration of Barriers and Facilitators to Community Living

Demographic data projections for the United States indicate a significant increase in the population of older persons with disabilities. The Americans with Disabilities Act (ADA) mandates community access for individuals with disabilities, including older individuals who are aging with or aging into disabilities. However, there is limited research regarding the knowledge and the use of the ADA among this population specific to their perceptions and experiences regarding barriers and facilitators to community access and participation as mandated under the Act. The purpose of this qualitative focus group study was to explore the perceptions and experiences of a sample of older adults with disabilities regarding their community access, and their knowledge and utilization of the provisions of the ADA to facilitate community participation. Analysis of results identified three predominant themes within this sample of older adults: experiences with structural and attitudinal barriers to community access leading; fear of loss of autonomy and independence in the community, and how they deploy; coping and advocacy strategies to address barriers. Recommendations for improving ADA knowledge, access, and utilization among the population, as well as senior service providers, are also addressed.

Improving Care for Opioid Use Disorder in Nursing Facilities.

As this issue of The Senior Care Pharmacist focuses on elder abuse, it is critical to recognize that people with opioid use disorder (OUD) are federally protected under the Americans with Disabilities Act (ADA). This was affirmed in 2022 by physician and Director of the Office of National Drug Control Policy, Dr. Rahul Gupta, in a recent public workshop on medications for opioid use disorder (MOUD) hosted by the National Academies of Sciences, Engineering, and Medicine. While the ADA specifies that discrimination against those with OUD is illegal, it also affords legal protection to access to health services and treatment for those with OUD that includes skilled nursing facilities (SNFs). The policy guidance document from the US Department of Justice Civil Rights Division titled “The ADA and Opioid Use Disorder: Combating Discrimination Against People in Treatment or Recovery” explicitly states that if a SNF refuses to admit a patient with OUD predicated on the patient taking a clinician prescribed MOUD or the SNF prohibited any of its patients from taking MOUD, then this exclusion/prohibition would be in violation of the ADA. Refusal to provide care for patients experiencing a drug overdose at emergency departments or to provide health services for a patient with OUD are also in violation of the ADA. The refusal of a city to open an OUD treatment center on the basis of hostility toward people with OUD may also be in violation of the ADA.

Examining psychosocial factors associated with receiving workplace accommodations among people with disabilities.

People with disabilities experience challenges in obtaining workplace support including job accommodations. This study examined the impacts of psychosocial factors affecting the likelihood of an employee with disability receiving an accommodation and subsequent effects on job satisfaction and job performance. This study recruited 596 participants from multiple national and state agencies serving persons with disabilities in U.S. A mediation model was conducted to examine the impacts of psychosocial factors (i.e., self-efficacy, positive affect, negative affect, workplace support, Americans with Disabilities Act (ADA) knowledge, accommodation knowledge, and work goal) on receiving accommodation, and the impacts of receiving accommodations on job satisfaction and job performance. The indirect effects of the psychosocial factors on job satisfaction and job performance via receiving accommodations were examined using the Delta method. Among all the examined direct effects, only the effect from workplace support to receiving accommodations and the effect from receiving accommodations to job satisfaction were significant. Nevertheless, indirect effects were non-significant, indicating that all the psychosocial factors had no indirect effect (via receiving accommodation) on job satisfaction and job performance. The findings reveal the significance of workplace support on employees' likelihood of receiving accommodations, and subsequent association between accommodation receipt and job satisfaction. Rehabilitation professionals need to provide adequate training to employers to facilitate inclusive and supportive workplace environments.

Understanding Everyday Travel Experiences and Transportation Infrastructure Challenges of People with Disabilities in Denver, CO

A common perception is that the transportation experiences of people with disabilities have improved dramatically since the passing of the Americans with Disabilities Act (ADA) in 1990. Though much progress has been made, many aspects of the current transportation system still limit people with disabilities from traveling safely and efficiently. Moreover, transportation planning and design efforts consistently lack representation of people with disabilities. This research seeks to address this disconnect via semi-structured interviews with (i) 28 stakeholders who self-identify as having a disability; and (ii) 9 government officials whose work intersects with the supply of infrastructure regulated under the ADA. All interviewees reside or work in the Denver region in Colorado. One objective is to understand how attributes of transportation infrastructure affect the daily mobility of people with disabilities. A second is to comprehend how the programming and management of transportation assets affects navigation for people with disabilities. Through a thematic and content analysis of the interview corpus, we reveal the challenges faced by people with disabilities through hard infrastructure issues and the programming or management of transportation facilities. Together, these act to diminish the quality of mobility options for people with disabilities. When working to create a transportation network that is universally accessible, it is critical for planners and engineers to work with people with disabilities when considering the design needs of individuals with different types of disabilities.

The Americans with Disabilities Act, addiction, and recovery.

The Americans with Disabilities Act (ADA) is sweeping civil rights legislation that affords people with disabilities equality of opportunity, economic self-sufficiency, independent living, and full participation in daily life. The protections of the ADA extend to individuals with alcohol and substance abuse disorders who are in recovery. The objective of this article is to understand the ADA's definition of disability and how it applies to addiction and recovery. The reader will recognize how the ADA applies to people with addiction to alcohol and those in recovery from substance abuse. The article will describe the rights and responsibilities employers and employees have in the three stages of employment. The material in this presentation was developed based on the authors' research, training, education, knowledge, and skill of the ADA. Individuals in recovery are often unaware of their civil rights under the ADA. The ADA ensures that people with disabilities, including those with alcohol use disorder and substance use disorders, have the same rights and opportunities in the workplace. The COVID-19 pandemic has resulted in an increase in increased rates of alcoholism and substance abuse. Individuals living with addiction are unaware of the employment protections they may have under the ADA. Title I of the ADA guarantees employment protections to ensure equality in the workplace for people with disabilities. A clearer understanding of the law will ensure that job seekers and employees are treated in an ethical, valued, and courteous way when disclosing disability and the need for accommodation.

How Time Inefficient and Uncertain are Paratransit Trips Compared to Car Trips

The Americans with Disabilities Act (ADA) stipulates that paratransit mobility be comparable to public transit. However, with just under 5% of the population relying on public transportation, transit is not a representative benchmark. To highlight this inequality, we compare trip times by paratransit to counterfactual car-based travel. Using 2.5 years of demand data from the Denver Regional Transportation District’s Access-a-Ride service, we compare paratransit trip times to counterfactual car-based trips for the same origin–destination pairs, controlling for various trip characteristics. Compared to car travel, the findings indicate high variability and uncertainty associated with paratransit trip times. For the same origin–destination pairs, the mean paratransit trip time is almost twice that of the mean car travel time, with a standard deviation for paratransit trip time fourfold that of the standard deviation for car trip time. For perspective, traveling an average of 10 mi during the 7–8 a.m. morning peak can take about 16 min by car with almost no variability, while that same trip can take an average of 25 min by paratransit, with 5% of trips being outside the 95% confidence interval and thus unpredictable. Paratransit trip time inefficiency tends to be particularly worse for females; older adults; those making trips between 9 and 11 a.m.; cash-paying customers; those making shorter trips; and those traveling during inclement weather, including cold temperatures. These findings suggest a need to re-assess using public transit as a benchmark for paratransit supply as regulated by the ADA.

Deficits in Accessibility across Field Research Stations for Scientists with Disabilities and/or Chronic Illness, and Proposed Solutions.

Equity and inclusivity in STEM research has become a larger topic of discussion in recent years; however, researchers and scientists with disabilities and/or chronic illnesses are often missing from these conversations. Further, while field research is a major research component for some STEM disciplines, it is unclear what accessibility barriers or accommodations exist across the field sciences. Field research can sometimes involve harsh environments, topography, and weather that present challenges to those with disabilities and/or chronic illnesses. A large and coinciding obstacle standing in the way of field research accessibility is the ableism present across science and academia, resulting in and from a lack of prioritization of attention and funding from universities and institutions. Biological field stations have been shown to be valuable not only as infrastructure for field-based research, but also as providing resources toward the scientific education of students and scientific outreach initiatives for the general public. As such, biological field stations are perfectly positioned to reduce barriers in research inclusion and accessibility for students and scientists with disabilities and/or chronic illnesses. The current work presents the results of a survey meant to inventory the presence or absence of accessible infrastructure across field stations, with responses spanning six countries and 24 US states. Our results highlight a number of accessibility deficits in areas such as accessible entrances, kitchens, and bathrooms. Our results suggest that (1) biological field stations have significant variability in accessibility with significant deficits, especially in non-public-facing buildings used primarily by staff and researchers, and (2) field stations would benefit from an increase in federal funding opportunities to expedite their progress toward compliance with Americans with Disabilities Act (ADA) standards. We propose potential solutions to field work infrastructure spanning a range of financial costs, with emphasis on the point that efforts toward accessibility do not require an "all-or-nothing" approach, and that any step toward accessibility will make field stations more inclusive. Additionally, we further suggest that federal funding sources, such as the NSF and NIH, as well as university leadership, should consider broadening diversity initiatives to promote the continuation of, and increased accessibility of, university-affiliated field stations.

Disability Policy in the Context of Intersectionality, Contemporary Oppressions, and Injustices: Toward a Just Future

This article connects the pillars of the Americans with Disabilities Act (ADA) to the complexities of living and dying in the United States. Our argument navigates among the emancipatory intent of ADA and the lives of people whose access to power, emancipation, and transformation are compromised by the historical and contemporary divisions of difference that infuse everyday life. The gaps between the possibilities of public policy, missed opportunities, and current realities create a significant, lasting impact on generations of Americans. While we acknowledge the landmark significance of ADA, we also press the imperative to expand and strengthen its impact. This article is framed in intersectionality, the politics of difference, and the potential of social policy.

Analyzing the Efficacy and Utility of the Americans with Disabilities Act of 1990 on College Students with Disabilities

Many adults in the United States suffer from one or multiple disabilities. In the college student population approximately 19% of college students suffer from a disability (National Center for College Students with Disabilities, 2018). Commonly experienced disabilities include, but are not limited to, attention deficit hyperactivity disorder (ADHD), learning disabilities, chronic illness and other disabilities (National Center for College Students with Disabilities, 2018) . The Americans with Disabilities Act (ADA), a civil rights act preventing discrimination based on disability, was first passed in 1990 and was amended in 2008 to include a more inclusive definition of disability. Previous studies suggest that the ADA has improved accessibility for individuals with disabilities. The hypothesis of this project is that while the ADA has improved accessibility for individuals with disabilities, many individuals with disabilities still do not have access to appropriate accommodations. Furthermore, the hypothesis suggests that these individuals, especially those with invisible disabilities, remain stigmatized. To test this hypothesis, an in-depth literature review was conducted alongside a brief survey that was distributed to undergraduate students at multiple universities. The data from this study reveal that the ADA was successful in some aspects of providing protections for individuals with disabilities, but ultimately that reform is still needed to ensure appropriate accommodations for individuals with disabilities on college campuses. Future studies would further explore the relationship between various intersectional identities including but not limited to race, religion, and sexual orientation and disability accommodations.

Are we discriminating towards guests with disabilities? Accessibility analyses of public restaurants facilities in the Republic of Slovenia

Previous studies have not considered the importance of managers? perspectives for assuring accessibility, and no international benchmarking standards for public restaurant accessibility assessment exist. This study aims to: (1) Propose a holistic evaluation framework for the overall (physical, functional, and communicational) assessment of restaurant accessibility; (2) Identify managers? perceptions of accessibility; and (3) Determine differences in restaurant accessibility according to managers? and restaurants? characteristics. This study was conducted in two stages: literature and legislative analyses and exploratory research using focus groups (the national disability organisations representatives) and field research. The European (EU) and the national legislation were thoroughly analysed and compared to the Americans with disabilities act (ADA). A self-administered questionnaire was distributed to 180 managers of small and medium-sized (SME) restaurant enterprises in Slovenia. Bivariate and cluster analyses (CA) were used. Two clusters of restaurants (less and better accessible) were identified. Results indicate that physical barriers, though strictly regulated at the EU level, still present a significant shortcoming in providing accessible services. Functional and communicational barriers prove less problematic. Results also reveal that more accessible restaurants are bigger, have more employees, invest more in IT, and their managers have greater understanding and skills in this area. The evaluation tool enables a holistic approach to accessibility analysis by following the guest?s logical movement path. Besides stricter control, policymakers, interior designers, and restaurant service providers should collaborate closely with disability organisations. Restaurant service providers should be trained on disability issues.

Tech Tools in Pandemic-Transformed Information Literacy Instruction

Inspired by pandemic-transformed instruction, this paper examines the digital accessibility of five tech tools used in information literacy sessions, specifically for students who use assistive technologies such as screen readers. The tools are Kahoot!, Mentimeter, Padlet, Jamboard, and Poll Everywhere. First, we provide an overview of the Americans with Disabilities Act (ADA) and digital accessibility definitions, descriptions of screen reading assistive technology, and the current use of tech tools in information literacy instruction for student engagement. Second, we examine accessibility testing assessments of the five tech tools selected for this paper. Our data show that the tools had severe, significant, and minor levels of digital accessibility problems, and while there were some shared issues, most problems were unique to the individual tools. We explore the implications of tech tools’ unique environments as well as the importance of best practices and shared vocabularies. We also argue that digital accessibility benefits all users. Finally, we provide recommendations for teaching librarians to collaborate with campus offices to assess and advance the use of accessible tech tools in information literacy instruction, thereby enhancing an equitable learning environment for all students.

Yale lawsuit cites bias against students with MH disabilities

The Bazelon Center for Mental Health Law has joined a group of former and current students at Yale University in a lawsuit alleging discrimination against students with mental health challenges in violation of the Americans with Disabilities Act (ADA). The lawsuit also alleges that Yale's policies are in violation of Section 504 of the Rehabilitation Act, the Fair Housing Act and the Affordable Care Act.

Recalibrating Transplant Eligibility Criteria: Ensuring Equitable Access to Organ Transplantation for Intellectually Disabled Persons

The American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have made little progress towards preventing disability-based discrimination within the organ transplant evaluation process. Intellectual and developmental disabilities (I/DD) pose a unique problem for transplant teams and transplant physicians because I/DDs can simultaneously be a legitimate contraindication for transplantation and a mechanism for invidious discrimination against intellectually disabled persons. A culprit for ongoing disability-based discrimination is a transplant center's authority to develop its own eligibility criteria. While medical criteria for eligibility are generally well-settled, psychosocial criteria - an amorphous constellation of risk factors for post-transplant success - can serve as a facially neutral disguise for social worth determinations of individuals with I/DDs. Consequently, individuals with I/DDs are unjustifiably denied eligibility for organ transplantation and transplant-related services.This Article begins by identifying the pitfalls of current federal antidiscrimination legislation. It then discusses the foreseen benefits and drawbacks of House Resolution (H.R.) 8981, a recently proposed federal bill, that expressly prohibits disability-based discrimination within the organ transplant evaluation process. The Article ends by offering potential solutions for professional organizations and transplant centers that aim to provide for equitable access to organ transplantation and transplant-related services for intellectually disabled individuals.