Learn how to ensure accessible housing for people with disabilities. Show
Getting around in the physical world is something many of us may take for granted. Curbs, thresholds, stairs, sidewalk gratings, obstructions, narrow passages – these are barriers we walk over, around, or through many times a day. We may seldom think about signs, loudspeaker announcements, traffic signals, and other sources that direct us or give us necessary information. For those of us who have some physical difficulties, however – a curb or a few stairs can be large barriers. Airport loudspeaker announcements are often difficult to understand for people with perfect hearing; for those who are deaf or hard of hearing, they may not hear them at all. Signs, no matter how well-placed they are and how much information they carry, do no good for someone who is vision impaired unless they are in predictable places and can be read by touch. In other words, physical features that people without physical disabilities take for granted can present serious problems for people with different abilities, mostly because their needs haven’t been considered in designing those features. That lack of consideration can also be extended to the ways people with disabilities can be treated when they seek employment, education, or services. In over 50 countries, this situation has been recognized and addressed, at least to some extent, by laws that protect people with disabilities from discrimination, and guarantee them at least some degree of access to public facilities, employment, services, education, and/or amenities. This section is part of a chapter that deals with changing the physical and social character of communities. We will discuss making community changes that ensure that people with disabilities have physical access to buildings and other spaces that are used by the public, as well as changes to ensure their access to employment, services, education, the functions of government, and full civic participation. What do we mean by ensuring access for people with disabilities?According to the Americans With Disabilities Act (ADA), “the term ‘disability’ means an individual has a physical or mental impairment that substantially limits one or more of his/her major life activities or an individual is regarded as having such an impairment.” Caused by injury, disease or medical condition, or neurological, chemical, or developmental factors, severe disabilities affect about 12% of the U.S. population.
Passed in 1990, ADA is the comprehensive law that covers most issues of accessibility for people with disabilities in the U.S., and disability rights laws in many other countries are based on it. It applies to all state and local government offices and facilities (federal facilities have been covered by federal law since 1978) and all public facilities – buildings and other spaces that are available to the general public. ADA guarantees both physical accessibility and non-discrimination in employment and the delivery of goods, services, programs, and education. We’ll discuss some of the specifics of this and other disability rights laws and their application in more detail later in this section.
Disabilities can be visible or invisible, physical or otherwise. Most can result either from hereditary conditions or pre-birth developmental issues; from injury; from disease; from chemical imbalances; or, in some cases, from environmental factors. Types of disabilitiesPhysical These are what most people think about when they hear the term “disability.” They are usually visible in one way or another, and can include:
In addition to these conditions, there are a number of “invisible” physical disabilities; conditions that aren’t immediately apparent, or that aren’t constantly present, but that can cause considerable difficulty. As a result, they may be considered disabilities under the law, and are subject to the same regulations as more obvious issues, even if they’re controlled by medication. Some examples include:
Sensory limitations
Neurological Neurological means having to do with the nervous system. Many physical disabilities are in fact neurological in origin – migraines and cerebral palsy, for instance, spring from problems in the brain, rather than from mechanical problems in muscles, organs, or bones. Among them:
Cognitive limitations (including some developmental disabilities) These disabilities are the result of genetic factors and development, often before birth. They tend to span a range of intellectual and other abilities, so that some people may be able to live independently and work, while others may need lifelong support. Although aspects of these disabilities may be treatable to some extent by behavioral and/or drug therapy, they are permanent conditions.
Psychiatric limitations Many, if not most, of our psychological and emotional states and reactions seem to be the result of brain chemistry. Mental illness is much like physical illness in that it can be influenced by environmental factors and events, and is often treatable with drugs. In addition, there are environmental factors that are so powerful – childhood abuse, severe physical injury, terrifying events, war, etc. – they can have lifelong psychological effects. There are periods in almost everyone’s life and personal development that present challenges that can result in acting out, or in temporary states of depression, confusion, or anxiety, all of which may look similar to the symptoms of long-term psychological disabilities.They aren’t actual disabilities, however, because, in most cases, they are resolved relatively quickly through the natural course of living, and although they may cause emotional pain at the time, most people can continue to function as they cope. True psychological disabilities can include:
Multiple chemical sensitivity limitations Alcoholism is classed as a disability while illegal drug dependence is not. “The illegal use of drugs includes the use, possession, or distribution of drugs that are unlawful under the Controlled Substances Act. It includes the use of illegal drugs and the illegal use of prescription drugs that are ‘controlled substances.’” (A 1992 definition by EEOC, the Equal Employment Opportunity Commission). The ADA prevents job discrimination against alcoholics and rehabilitated or former drug users. It does not, however, prevent employers from firing workers who use alcohol or drugs on the job, from firing workers whose addiction renders them incapable of performing to the standards of the job (assuming that other workers are held to the same standards and would be fired for the same reasons), or from not hiring workers who are illegal users of drugs. Learning limitations (including some developmental disabilities).
Access for people with disabilitiesPhysical access This means access to buildings, public spaces, and any other place a person might need to go for work, play, education, business, services, etc. Physical access includes things like accessible routes, curb ramps, parking and passenger loading zones, elevators, signage, entrances, and restroom accommodations. For more details: ADA Standards for Accessible Design.
Access to communication and information Signs, public address systems, the Internet, telephones, and many other communication media are oriented toward people who can hear, see and use their hands easily. Making these media accessible to people with disabilities can take some creativity and ingenuity. Program accessibility People with disabilities have, in the past, often been denied access to services of various kinds – from child care or mental health counseling to help in retail stores to entertainment – either due to lack of physical accessibility or because of discomfort, unfamiliarity, or prejudices regarding their disabilities. Employment Discrimination in hiring on the basis of disability – as long as the disability doesn’t interfere with a candidate’s ability to perform the tasks of the job in question – is illegal in the U.S. and many other countries, and unfair everywhere. Education Everyone has a right to an education appropriate to her talents and needs. The Individuals with Disabilities Education Act (IDEA) in the U.S., as well as laws in many other countries, guarantee education to students with disabilities. In the case of IDEA, that guarantee extends through high school, while ADA covers undergraduate and graduate students (without discrimination) at colleges and universities. Community access Everyone should have the right to fully participate in community life, including attending religious services, dining in public restaurants, shopping, enjoying community park facilities, and the like. Even where there are no physical barriers, people with disabilities still sometimes experience differential treatment. In general, ADA requires that public and government facilities, cities and towns, educational institutions, employers, and service providers make reasonable accommodations to serve people with disabilities. “Reasonable accommodation” means making changes that don’t cause unreasonable hardship to the party making them or to others that party deals with (students, customers, employees, program participants, etc.). Why ensure access for people with disabilities?
When do you ensure access for people with disabilities?
Don’t forget to solicit help from people with disabilities to help with these projects. Get their input and participation and they will become stakeholders in these projects. They are their public spaces, too.
Who should ensure access for people with disabilities?
How do you ensure access for people with disabilities?There are a number of aspects to assuring access for people with disabilities. The obvious one is the physical: designing and building or changing structures and spaces to conform to the needs of all members of the community, including those with disabilities. In addition, however, there are social aspects, such as non-discrimination in employment and service delivery, and equal treatment in all situations of people with and without disabilities. And finally, there are political considerations: working to strengthen and enforce the laws that do exist, and working for laws to protect people with disabilities in countries that don’t have them. Perhaps most important is raising the consciousness of those who design and/or build facilities, employers, and the community and society about the rights and needs of people with disabilities. When most of us think about a building, a park, or even a sidewalk, we sometimes don’t think about people at all. When we do, we often consider only able-bodied adults, leaving out children, elders, and people of all ages with disabilities. Ensuring access for those with disabilities involves changing attitudes. ADA has started the process simply by mandating access, so that now everyone in the U.S. is used to seeing ramps, handicapped bathrooms, etc. After a certain amount of time, accessible buildings and spaces become the standard in construction and are no longer an issue. But that’s only physical access. What about access to job, services, and programs? What about being treated with respect and being offered assistance in retail stores, restaurants, and theaters? All of that involves changing attitudes as well. The more people with disabilities are able to access physical facilities, the more they will be part of the general population. Rather than generating embarrassment, discomfort, or even fear, they’ll be seen more and more in the same way as anyone else – as individuals, with unique personalities, strengths, and problems. That is, after all, the goal: for people with disabilities to be able to live their lives just as everyone else does, struggling with daily challenges, enjoying the high points, and not having to worry about the simple things like getting up a flight of stairs. How do we ensure various kinds of access? We’ll examine the different aspects of access one at a time.
Physical accessAs explained above, this means access to any indoor or outdoor spaces a person needs to use. Under ADA, it is expected that the government body, the owner or tenant of the space, the service provider, the employer, or the school must make a “reasonable accommodation” to enable access for people with disabilities. A reasonable accommodation is an adjustment to whatever barrier prevents access that doesn’t impose an undue hardship on the individual, business, organization, or institution providing the accommodation, or on its other users or participants. Thus, a grassroots human service program isn’t expected to install an elevator, since the cost would be out of the organization’s reach. It would be expected, however, to try to find some other way to deliver services to a participant who uses a wheelchair (equivalent to those services offered to others). By the same token, a large corporation might be expected to make over a building, or many buildings (a chain of retail stores, for example), in order to come into compliance with the law, because for such a large business, the expense would be reasonable. The U.S. government tries to make accommodation (as well as access in new construction or rehabilitation) easier by offering tax incentives for money spent on equipment, materials, and labor leading to increased access for people with disabilities.
In addition to accommodations made in existing facilities, new buildings – with some exceptions, such as private residences – are expected to have accessibility designed into them, as are renovations of public facilities, or rehabilitations of industrial, historic, or derelict buildings that are to be used as public facilities. Some architects in the U.S. have become specialists in designing for accessibility, coming up with creative solutions for difficult problems posed by old structures, for instance. Outdoor spaces also need to be designed for accessibility. The Project for Public Spaces uses accessibility for people with disabilities as one of its criteria for recognizing a great public space. Accessibility means more than simply being able to get there in a wheelchair. It implies having features and amenities that are usable by everyone, and being emotionally and socially accessible.
Spaces that need to be physically accessible include:Public facilities These are buildings or spaces generally used by the public. They can include restaurants, retail stores, hotels, conference centers, medical and other offices, theaters, sports stadiums, educational facilities, historic sites and other tourist attractions, etc. Access here includes not only access to the buildings, but also to the specific rooms or halls where events take place or where the public must go to conduct business or receive services.
Federal, state, and local government facilities Although federal facilities are covered under a different law than those of other branches, all must be accessible to people with disabilities so that they can transact government business and participate to the full extent in civic life.
Outdoor spaces, such as public parks, monuments, squares, gardens, etc. It may seem that these kinds of spaces would always be accessible, but, in fact, they often are not. Parks may have stairs or other obstructions in paths, or be set above sidewalk level. Other spaces may have obstructions as well, and may be surrounded by streets that are difficult to cross, even for people without disabilities. Paths and sidewalks may be too narrow to allow easy wheelchair passage, and badly maintained or designed paved or gravel paths may make walking difficult for anyone unsteady on his feet or with vision difficulties. Outdoor spaces may need renovations to make them good places for interaction. Public ways Paths, streets and sidewalks, pedestrian passages are all public ways. Accessibility here may involve curb cuts or ramps, traffic signals that can be both heard and seen, numerous crosswalks, signs, etc. Public transportation People with disabilities are entitled to physical access to public transportation. This is sometimes provided by lifts for buses, trains, and trolleys which require climbing steps to enter. In general, subways, trains, and planes, at least at most U.S. facilities, are entered on the level, and elevators and or ramps are available to take people to platforms and gates. Physical access, according to the ADA, encompasses a large number of very specific design features. The width of hallways (to the inch or centimeter), the size of elevators (and the positioning of elevator buttons), the height of drinking fountains, the size and position of grab bars in restrooms, the shape of door handles, the width and number of handicapped parking spaces, the slope of wheelchair ramps – all of these and many more are explained in detail in the ADA manual, “ADA Standards for Accessible Design,” part of the larger ADA website. Additionally, the U.S. Access Board is responsible for developing and regulating the Americans with Disabilities Act Accessibility Guidelines (ADAAG) code. Access to communication and informationSome types of disabilities have no effect on access to communication or information, but others do – some in ways most people without disabilities might not think of.
Access to servicesPeople with disabilities cannot be denied access to services because of their disabilities, or because the services aren’t physically accessible. If the services can’t be made physically accessible, there has to be an alternative provided that’s equivalent to the basic service. This issue often arises for human service organizations, but may also be a factor for community institutions such as libraries, and for businesses such as hairdressers and insurance agencies. In cases where accessibility isn’t economically feasible, services can be provided in an accessible part of the building, for instance, or brought to the person in his home. Rules, such as those referred to earlier that affect service animals, can be changed or disregarded to enable people with disabilities to take advantage of the service. Other kinds of accommodations can be made as well. Sales staff can provide help they wouldn’t normally provide to other customers – getting items off shelves or counters, or helping people try on clothes, for instance. Programs can hire sign language interpreters to assist deaf participants, or have some or all of their staff members trained in ASL (or the sign language of their country, if it’s not the U.S. or English-speaking Canada).
In some cases, the best and most reasonable accommodation may be to make a programmatic change or rearrange the space (relocate, build a ramp, widen aisles, have the first-floor offices and the second-floor support group program switch places) or to change the way services are delivered for everyone (e.g., distribute more printed matter, as well as giving information verbally). In addition to being physically accessible, services must be non-discriminatory. Anyone who’s eligible for services in the same way as other participants (by income, for instance) can’t be denied service except for reasons for which anyone else would be denied service. Some of those reasons might include active drug use, abusive behavior, or inappropriateness for the service offered.
EmploymentUnder the ADA, it is illegal to discriminate against hiring anyone on the basis of a disability unless that disability interferes with the basic job function. A blind person doesn’t have to be considered for a job as a painter, or a deaf person for one as a music critic. Where the job function isn’t in question, however, someone with a disability has to be considered in the same light as all other applicants. If she’s the most qualified and the best candidate, she should be hired regardless of any disability. An employer can’t ask candidates if they have disabilities, however, except in the context of making sure that they can do the job. A firefighter has to be able to carry 100 pounds up and down a ladder. If a candidate has a bad back, that’s a problem – he may injure himself taking the physical test, or his back may go out on the job at the worst possible time. Once an employer has hired a person with a disability, he’s under an obligation to make accommodations, to the extent possible, to enable that person to do her job as easily as other employees in similar positions. If she’s in a wheelchair, for example, the employer might ensure that her desk is at an appropriate height for her to work comfortably. Her work space might be located reasonably near the office entrance, with a clear passage to the elevator, the accessible restroom, meeting rooms, and the offices of colleagues with whom she needs to collaborate. If her job makes it possible, she might be allowed to work from home some of the time. Accommodation also should be made for signage, communication, and other accessibility factors, including an evacuation plan with which her co-workers are familiar.
EducationFederal law requires that any child aged 6 to 21 is entitled to an education appropriate to his needs. For children with disabilities this usually means an Individual Education Plan (IEP), arrived at with the participation of the school, the parents, and often other professionals, as well as the student, if he’s mature enough. If the plan includes an alternative placement (in a private school or another public school with special facilities), the cost is borne by the school district, rather than the parents.
Institutions of higher education, as public facilities (private institutions) or government entities (public colleges and universities) have an obligation to provide admitted students with whatever accommodations they need in order to learn in the same way as students without disabilities. Thus, ASL interpreters, readers, notetakers, and other accommodations are often required, as long as they propose no undue administrative or economic hardship for the institution, and as long as they don’t disrupt the normal functioning of the educational program for others. The fact that there are laws in the U.S. and other countries doesn’t mean that they’re enforced. Furthermore, there is still much to be done around the world. In 1993, the United Nations passed the Standard Rules on the Equalization of Opportunity for Persons with Disabilities, a document that sets out what countries need to do to assure that people with disabilities can live their lives to their full potential. While over 50 countries have laws or constitutions that guarantee disability rights to some extent, there are still nearly 200 that do not recognize disability rights. Thus, knowing what needs to be done is only half – perhaps considerably less than half – the battle. The real work is in changing the social climate and in making sure that what needs to be done gets done. As with most social change, advocacy has to play a large part here. It was aggressive advocacy on the part of people with disabilities and organizations that support them that made possible the passage of the Americans with Disabilities Act, and advocacy continues to be important in refining what equal access and equal opportunity mean for people with disabilities in the United States. Advocacy is what will change attitudes and laws in the countries that currently don’t recognize disability rights, or that don’t go far enough in pursuing equal opportunity and non-discrimination. How do you engage in disability advocacy?Demand enforcementWhere there are laws, they must be enforced in order to have any effect. In the United States, the law essentially covers what is required for accessibility, but it’s not always enforced. First of all, there are no ADA inspectors who make random visits to see whether facilities are accessible, although some state agencies may do that for entities they fund or oversee. Thus, in most cases, ADA standards aren’t brought into play until someone challenges a business, agency, or institution in the courts. Sometimes just the challenge itself is enough to bring about an acceptable accommodation. When there’s a case of real hardship, however (a business that could suffer seriously as a result of the expense of compliance), or when an entity is simply resistant, and the complainant and the entity can’t come to some agreement, the case has to go to court before anything happens. The more often this occurs, the more various entities pay attention to accessibility, as has been the case over the past several years.
Each state, most state funding agencies, most cities and towns, most corporations, and many other entities have an ADA Coordinator. That person is usually the place to start with a complaint or a demand for enforcement. If you get no satisfaction, go to the next level. If it appears that there’s going to be some major difficulty, find a lawyer who has experience in cases involving disability rights, or a disability rights organization that has such lawyers and others on staff, and let them handle the negotiation. In the worst case, you may end up in court, but most ADA complaints are settled long before it gets to that point. Enlist other advocates to ensure opportunity for people with disabilitiesThere are many helpful advocacy organizations out there. To enlist help with your disability advocacy, it may be helpful to contact Client Advocacy Protection services (for clients of Vocational Rehabilitation). Additionally, many states have Disability Rights Centers that are often run by people with disabilities themselves and usually have several lawyers on staff to assist people with disabilities regarding legal situations (e.g., ADA compliance or discrimination). Work with legislators to pass laws that guarantee equality of access and opportunity to people with disabilitiesIn the matter of access, it’s likely you can find a legislator who has a family member with a disability, or perhaps one who himself has a disability that occasionally makes life difficult. He may be a good candidate to become a champion on this issue, and can help convince colleagues to work on it as well. If you or your group can become known as a good source of information– as the experts legislators can call on when they want to know about disability issues – you may be in a good position to persuade the policymakers to pay attention to those issues, and to draft laws to improve the situation of people with disabilities. That means always doing your homework, and always being available to answer questions and to make suggestions. It also means being honest in your information and dealings, and being willing to say, “I don’t know, but I’ll find out,” and then following up.
Work with architects, developers, building inspectors, etc. to make them aware of the concerns and needs of people with disabilitiesWhether you have a disability or not, whether you’re an individual advocate or part of a group, whether your country has laws that address disability rights or not, this tactic can be extremely helpful. If you can collaborate with those who design, construct, and inspect buildings and public spaces, and educate them about the needs of people with disabilities, they will be more likely to ensure accessibility in their projects. When accessibility is part of a new construction project, especially if it’s an integral part of the design, it generally costs about the same as, or only slightly more than, an inaccessible design. The more buildings and spaces are designed to be accessible, the more accessibility enters into the public consciousness and becomes expected. When people are accustomed to seeing individuals with disabilities get around easily, they’ll be more inclined to think of access is a right, rather than a privilege or a concession to political correctness. Enlist the media to help change attitudes and expectationsUsing the media is one of the most important – and most effective – activities an advocate can engage in. Human interest stories and radio and TV interviews can put a human face on disability and dispel myths, introducing individuals who become not just “people with disabilities,” but distinct and likable human beings with real needs and real problems. Ignoring such individuals and their needs is harder than ignoring a faceless population of “people with disabilities.” Once the issue of fairness becomes personal, most people will respond positively.
Media stories, interviews, and articles can highlight accessibility problems that people with disabilities face every day which most of the general public never thinks about: difficulty opening a restroom door with a doorknob; the impossibility of a hearing-impaired tourist being summoned over an airport loudspeaker; the frustration and terror of a person with a speech problem trying to report a fire in an emergency phone call. Media coverage can inform people about what needs to be done to increase access, and about pending laws and regulations the public can support. They can also present high-profile spokespersons who themselves have disabilities, such as Max Cleland, former Senator from Georgia, who is a multiple amputee as a result of Vietnam War wounds, or actor Michael J. Fox, who has Parkinson’s Disease. Perhaps most importantly, they can offer people with disabilities as positive role models: Chief of Detectives Robert Ironside, played by Raymond Burr, solved crimes from a wheelchair every week for eight years in one of the most popular TV shows of the ‘60’s and ‘70’s.
Call attention to lack of access whether you have a disability or notAs we’ve mentioned, sometimes a mere notice or complaint will be enough to prompt action on the part of a building owner or business. Even if not, you’ve at least made them aware of the issue...and aware that someone else knows about it as well. Keep at it indefinitelyUntil people with disabilities are hardly noticeable as having disabilities, because they have universal physical, social, and political access, disability advocates and people with disabilities themselves need to keep working for a world where everyone’s needs are addressed and met. Even if that is achieved, it will still take effort to maintain those state of affairs, and to ensure that the world doesn’t return to the olden days when there were places that people in wheelchairs weren’t able to go, messages that individuals with hearing or sight difficulties couldn’t get, and employers, service providers, and businesses who shut out people who weren’t exactly like the general population. In SummaryIn the latter part of the 20th century, the rights and needs of people with disabilities were increasingly understood and addressed. In 1990, the United States passed the Americans With Disabilities Act, recognizing and codifying those rights and needs into a set of standards for access to both physical areas (the ability to enter, move around freely in, and use the facilities of buildings and public spaces) and opportunity (access to jobs, services, education, entertainment, etc.) for people with disabilities. The U.N. followed in 1993 with the United Nations Standard Rules on Equalization of Opportunity for Persons with Disabilities. At this writing, over 50 countries worldwide have either passed laws or interpreted or rewritten their constitutions to address disability rights. More recently, as of 2008, the UN Convention on the Rights of Persons with Disabilities has been ratified by at least 21 countries (although the United States has yet to pass this). Ensuring accessibility for people with disabilities means more than building ramps and accessible restrooms. It calls for a change in basic attitudes, a change that has been at least partially accomplished in the United States and many other countries, but which hasn’t even started in some others. That attitude change won’t have been accomplished until a great majority of people around the world understand that individuals with disabilities are individuals who are not defined by their disabilities. To achieve that end, we have to demand enforcement of laws and regulations that protect those individuals’ rights, work for policy change and the passage of laws and regulations in places where they don’t exist, collaborate with those who design, build, and fund projects where accessibility can be built in, enlist the media to influence public opinion, and keep at it as long as necessary. Only when people with disabilities can live their lives free of unjust barriers will the work be done. Which of the following is true of people who belong to high uncertainty avoidance cultures?Which of the following is true of people who belong to high uncertainty-avoidance cultures? They create systems of formal rules to provide more security and reduce risk.
What does Polychronic culture mean?Polychronic means a culture does many things at once. Their concept of time is free-flowing, and changes depending on each situation. Distractions and interruptions are a natural part of life, and have to be taken in stride.
Which of the following is not a factor that influences the spontaneous development of small group?Which of the following is NOT a factor that influences the spontaneous development of small-group communication networks? Group effectiveness, as a result of the communication network, can be influenced by each of the following EXCEPT: the degree of verbal versus nonverbal communication.
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