United States Congress
It is often overlooked that privilege was a key element in early civil-rights legislation. In its technical
sense, privilege refers to rights, powers, or other considerations accorded to specific individuals
or groups. When the federal government passed the Civil Rights Act of 1964, it created a privileged group
in that it guaranteed particular protection from discrimination to Negroes. Once it was established that
the government would grant privilege, other groups began to advance their claims to similar recognition.
By the 1970s, women were admitted to the list of privileged minorities, as were ethnic groups such as
American Indians and Asian-Americans. With the close of the Vietnamese conflict, returning veterans were
designated as a protected group, at least partly so that they would not be at a disadvantage when competing
against previously specified minorities. With the rise of the multimillion-member American Association
of Retired People, the aged were also guaranteed full protection of their rights. Still other groups organized
for the purpose of gaining similar federal protection of the rights of their members.
At the same time, Americans became more knowledgeable about the workings of discrimination and began to
accept the principles that job qualifications should be based upon the actual requirements of the job
to be done; that individual characteristics and not group norms must be the basic criterion of assessment;
and that the convenience of the majority cannot be used as a reason for ignoring the needs of a minority.
It was also recognized that a good deal of discrimination had been built into our society. Some jobs,
for instance, could not be performed by most women because they required the lifting and carrying of heavy
weights, but there was no reason why the weights had to be so heavy. They were heavy simply because no
one had ever thought to make them light enough that women might be able to compete for those jobs.
This consideration gave great weight to the claim advanced by many that handicapped Americans, many of
them veterans, were being subjected to discrimination. Although the working handicapped paid taxes used
for the erection of public buildings, no one had bothered to design entrances that could be negotiated
by the disabled, doors that could be opened by them, or even restroom compartments that could accommodate
them. A series of laws beginning in the late 1960s began to eliminate these unnecessary obstructions and
make it possible for disabled Americans to participate more fully in the mainstream of American life.
In 1990, this same principle was extended from the public to the private sphere, as the government ordered
the removal of all unnecessary impediments to the handicapped. This was a logical extension of its guarantee
to this class of citizens that they would be protected from discrimination The full extent of this sweeping
legislation was felt only gradually, and some objected to the tremendous cost involved in accommodating
such a small portion of the population. Although not primarily as a result of the Americans with Disabilities
Act, the basic principle began to be questioned: Is it possible for government to protect the common rights
of all while finding it necessary to guarantee the rights of some?
What is the significance of "reasonable accommodation"? What kinds of disabilities are not protected
under the act? What types of testing are allowed, and what types are prohibited under the act? |
