We’ve come a long way from madhouses, forced sterilization and the countless other ways people with disabilities have been oppressed and ostracized down through history.
One of our biggest leaps forward took place 30 years ago this Sunday, when President George H.W. Bush signed the Americans with Disabilities Act. The landmark civil rights law requires accessibility of public spaces and prohibits discrimination in education, employment, transportation, and all other areas of public life.
But for all the progress, New Yorkers with disabilities know there’s more work to be done.
In 2019, just 31% of working-age people with disabilities in the U.S. had a job, compared to 75% of people without disabilities. That’s an enormous difference, and the COVID recession has only made it worse. Total employment dropped 12% for people with disabilities between February and June. People without disabilities? A 9.5% drop.
We’ve been studying these trends for a long time. Research has consistently shown that people with disabilities are “last hired, first fired” in many workplaces. Education levels and work disincentives due to SSDI income play a role, but employers’ attitudes are a major part of the problem. Our study, using fake cover letters and resumes, demonstrated that people with disabilities are less likely to land a job even when their qualifications are identical to those of other candidates.
It’s not just employment. People with disabilities are also getting sidelined in politics. In general elections, their voter turnout is six to seven points lower than people without disabilities. This is only partly due to poor education and income. It’s more a function of social isolation, the belief that our political system is not responsive to their needs, and the actual, physical barriers they face when trying to vote.
A report by the U.S. Government Accountability Office found that 60% of polling places had impediments like steep ramps and poor parking and path surfaces during the last presidential election. Our own national survey confirmed that many people with disabilities have experienced difficulties when voting, whether at a polling place or by mail. When voting is inaccessible, it sends a message that people with disabilities are not expected to participate in the political sphere.
Another challenge as we enter the 30th anniversary of the ADA is the need to appreciate how rapidly American life is advancing technologically and culturally, and how this may increase the law’s vulnerability. For example, it’s not clear if the ADA applies to Airbnb, Lyft, Uber, and other online platforms that commodify private homes and vehicles and blur the distinction between public and private spaces. This raises thorny questions about how to ensure equal access to online services, and whether the ADA can be “future-proofed” to safeguard people with disabilities from changes in technology and public life that may marginalize them.
Despite these challenges, there are hopeful signs for the future.
Technology has leveled the playing field in many ways for people with disabilities, potentially opening job opportunities by reducing the effects of impairments. Despite the catastrophe wrought by the COVID-19 pandemic, there may be a silver lining if the crisis shakes up traditional workplace structures and increases employers’ awareness of how many jobs can be done at home or with other accommodations. If the telecommuting trend continues, people with mobility impairments and those who require frequent breaks for medical reasons stand to benefit.
Also, with the support of the Individuals with Disabilities in Education Act (IDEA), people with disabilities have been obtaining more education, which will help their employment prospects, political participation, and many forms of community engagement.
The ADA was a landmark achievement and a recognition that people with disabilities are valuable members of society deserving of full dignity and respect. However, no law can erase discrimination. Black Americans are still fighting against systemic racism more than five decades after the Civil Rights Act of 1964 hit the books.
The ongoing disparities faced by people with disabilities reaffirm the need for continued disability activism, vigorous enforcement of the current ADA, as well as creative attempts to “future proof” the ADA as the online economy plays a more significant role in our lives.
Ameri is an assistant professor of professional practice at Rutgers Business School. Schur and Kruse are professors and co-directors of the Program for Disability Research in the Rutgers School of Management and Labor Relations.
