The Americans with Disabilities Act Ten Years Later: A Framework for the Future

Iowa Law Review

Volumn 85, Issue 5, 2000, Pages 1575-1582

  Harkin, Tom ^a  

^a NONE

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EID: 0034551504     PISSN: 00210552     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (28)

1. See NATION ORGANIZATION ON DISABILITY, NEW HARRIS SURVEY MARKS STRONG APPROVAL FOR ADA NINE YEARS AFTER PASSAGE, available at http://www.nod.org/press.html (Apr. 15, 1999).
2. See Working Toward Acceptance, ST. LOUIS POST-DISPATCH, Nov. 22, 1999, Business Plus, at 1. (giving results of a Mason Dixon poll of business owners, chief executives, and top managers).
3. See Iowa Disabled Can Be Assets to Business, DES MOINES REG., Oct. 7, 1997, Business, at 10 (stating that from 1993-1995 Sears, Roebuck, and Co. "spent an average of $45 accommodating the disabilities of 71 workers").
4. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES, JOB ACCOMMODATION NETWORK, available at http://www50.pcepd.gov/pcepd/archives/pubs/ek96/ benefits.htm (July 1996).
5. National Summit on Disability Employment Issues: Real Choice, Real Jobs, Real Pay: Employment for the 21st Century, Washington, D.C., Apr. 7, 2000.
6. See Survey Program on Participant and Attitudes, at http://www.nod.org/hs2000.html.
7. Pub. Law No. 101-336 (1990) (42 U.S.C. §§ 12101-12213). The ADA prohibits discrimination against people with disabilities in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications.
8. See President William Jefferson Clinton, State of the Union Address, available at http://www.whitehouse.gov/WH/SOTU00 (Jan. 27, 2000).
9. Carl Rowan, Affirmative Cruelty, THE COURIER-JOURNAL (Louisville, KY), Jan. 31, 1989, at 7A.
10. 42 U.S.C. § 1320(b)(19) (1999). TWIIA amends Title XIX (Medicaid) of the Social Security Act (SSA) to provide for expanding State options under Medicaid for workers with disabilities, namely by creating State options to eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid and to provide opportunity for em-ployed individuals with a medically improved disability to make such a purchase. TWIIA also amends Title XI of SSA to direct the Commissioner of Social Security to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSSP ticket issued by the Commissioner under a described system, designed to ensure quality assurance, to obtain employment, vocational rehabilitation services, or other support services from a participating employment network, public or private.
11. See 42 U.S.C. § 12101(a)(8) (1994).
12. 527 U.S. 581 (1999).
13. In Olmstead, the Supreme Court decided that people with disabilities should receive services in the community where appropriate and feasible.
14. H. STEPHEN KAYE, U.S. DEP'T OF EDUC., NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH, COMPUTER AND INTERNET USE AMONG PEOPLE WITH DISABILITIES, DISABILITIES STATISTICS REPORT (13) (2000) (citing Current Population Survey, 1998 Computer and Internet Use Supplement).
15. See Hearing on the Applicability of the Americans with Disabilities Act to Private Internet Sites Before the Subcomm. on the Constitution of the House Comm. on the Judiciary, 106th Cong. (2000), available at http://www.house.gov/judiciary/brew0209.htm (testimony of Judy Brewer, Director of the Web Accessibility Initiative).
16. SECOND REPORT OF THE PRESIDENTIAL TASK FORCE ON EMPLOYMENT OF ADULTS WITH DISABILITIES, RE-CHARTING THE COURSE: IF NOT Now, WHEN? (1999).
17. See Creating an Online Community and a Market for the Disabled, FORTUNE, Feb. 7, 2000, at 188.
18. W3C was created in 1994 to develop common protocols to enable the World Wide Web to achieve its full potential and to ensure the Web's interoperability. See http://www.w3.org/Consortium/. WSC's more than 400 member organizations include such leading U.S. corporations and universities as America Online, Inc., American Express, AT&T, Boeing, Compaq, IBM, Massachusetts Institute of Technology, Microsoft, and Xerox. W3C's membership also includes leading corporations and universities from around the world. Id.
19. See supra note 13.
20. See http://www.w3.org/WAI (citing the Web Accessibility Initiative).
21. 120 S. Ct. 1669 (2000).
22. 120 S. Ct. 631 (2000).
23. See id. (stating the test to determine whether Congress may abrogate the states' immunity from suit in federal court is whether Congress made its intention "unmistakably clear in the language of the statute" and then analyzing the statute under the enforcement power of the Fourteenth Amendment).
24. See, e.g., Brief of Amici Curiae Dole et al., Univ. of Ala. v. Garrett, 120 S. Ct. 1669 (2000) (No. 99-1240) (on file with Iowa Law Review).
25. See DEP'T OF LABOR, DEP'T OF HEALTH AND HUMAN SERVICES, EQUAL OPPORTUNITY EMPLOYMENT COMMISSION, AND DEP'T OF JUSTICE, GENETIC INFORMATION AND THE WORKPLACE (Jan. 20, 1998), available at http://www.dol.gov/dol/_sec/public/media/reports/ genetics.htm.
26. Exec. Order No. 13,145, 65 Fed. Reg. 6877 (2000).
27. Such legislation could be passed as early as the fall of 2000.
28. See Hearing on FY 2001 Dep't of Labor Budget Before the Subcomm. on Labor, Health and Human Services and Education Comm. on Appropriations, 2000 WL 11069673 (Mar. 22, 2000) (statement of Alexis M. Herman, Secretary of Labor).