Americans with Disabilities Act (ADA)

On July 26, 2015, we will celebrate the 25th anniversary of the passage of the Americans with Disabilities Act (ADA) signed into law by President George H.W. Bush in 1990. It is one of the most comprehensive pieces of legislation for the disability community. It prohibits discrimination on the basis of disability in employment, public services provided by state and local governments, public services operated by private entities, transportation, commuter authorities, or telecommunications.

An excerpt from the National Council on Disability (NCD) report:

Living in the community with family and friends, working at a typical job in a regular business, and participating in community affairs is a right of citizenship, not a privilege for individuals with disabilities, as for all Americans. This right was confirmed with the passage of the Americans with Disabilities Act in 1990, affirmed with the 1999 Supreme Court’s Olmstead decision, and repeatedly reaffirmed in the years since that landmark decision. 

Disability rights are a CIVIL RIGHTS issue. Accessibility to public places & social programs, equality in employment practices and education – these are all federally protected rights for every person in the United States, including those with disabilities. We must stop viewing individuals who are disabled as subhuman or charity cases. Having ramps and elevators installed at rec centers; having ample aisle space at department stores and restaurants; providing larger stalls with handrails in public bathrooms – these are not things that people with disabilities should feel grateful for. It is not a privilege to have appropriate supports or removals of barriers. It is the LAW.

Forward RISE is a NYS nonprofit committed to the real inclusion of people with disabilities through knowledge-sharing workshops and inclusive social experiences.

http://forwardrise.org/

Sheltered Workshops: A Thing of the Past in Vermont

Workshops - Yay or Nay?

There is a great debate taking place on whether or not sheltered workshops should still be an option for people with disabilities who are out of school. Read my pros and cons on workshops here. One of the main arguments people have against closing down workshops is the fear that the individuals working there will have no place to go since businesses don’t tend to hire people with disabilities. The numbers seem to back that up since the unemployment rate of people with disabilities is twice that of people without disabilities, according to the Department of Labor (as of August 2014). You can find more informationon that here.

However, the state of Vermont is an example of contradiction to this argument. According to this article :

“The sheltered workshops that are still prevalent across much of the country were shut down in Vermont more than a decade ago. And now, the employment rate of people with developmental disabilities in the New England state is twice the national average.” (emphasis added)

Inclusion in play and work

How did Vermont do it?

The University of Vermont received a grant to build programs for integrated employment in the 1980’s. They worked with state disability agencies and its success over time was enough for Vermont to realize that sheltered workshops were not how the state wanted their citizens with disabilities to be treated. Workshops were phased out over a 4-year period: new entries into workshops were no longer allowed and their funding was incrementally cut.

Of course there were fears from the families who would be directly affected by this and rightly so. As parents, we want our children to be safe and secure, accepted by peers and part of something bigger than themselves. Could these desires be realized if workers with disabilities don’t have contact with others who are also disabled? Is there a job out there they could actually do and feel good about doing? Would society in general accept them?

It turns out, the answer is yes! In Vermont, about 80% of the people who used to be in workshops found employment in an integrated setting. The rest found other community-based services. According to the article, “In fiscal year 2013, the average wage for supported employees was $9.26, more than 50 cents above the state’s minimum wage and $2 above the federal minimum wage.” How incredible is that?!

And Vermont shows no signs of slowing down. It has increased its numbers of employed disabled individuals yearly. To continue their success rate, ongoing support is available in each county and doesn’t fade over time, which is common in most other states. There are also education programs with businesses that ease fears and answers questions for potential emplo

yers.

Looking to the future

Some argue that the reason Vermont was able to be so successful is because it’s a small state. But isn’t that a cop out? As a parent to a teenager whose CP severely impacts her, I worry about her future all the time. What will she do when she ages out of school? Today, I can’t picture a job where she can be independent because of the extremity of her physical disability but who knows where we’ll be in terms of technology and employability six years from now? My greatest hope is that all states work towards achieving the successful model Vermont has realized so that our community has as many options as it can.

Let’s not continue to set the bar so low for our people!

Sheltered Workshops: A Good Thing Or A Bad Thing For People With Disabilities?

Workforce Investment Act

Currently, most students with disabilities are referred to sub-minimum wage jobs (often times substantially less than the $7.25 minimum wage rate) at workshops when they graduate from high school. There is new legislation under consideration in both Houses of Congress that would alter their pathway into the workforce. Under Section 511 of the Workforce Investment Act, people under 24 years of age could not be employed by workshops unless they have sought employment in other settings first. This legislation also requires that state vocational rehabilitation agencies provide “pre-employment services” to students at schools in their area.

Pros/Cons 

There are many who are supportive of passing this legislation. They believe it will re-route youth into more fulfilling career paths who may have otherwise been automatically steered toward subminimum wage employment. Christopher Danielsen, a spokesman for the National Federation of the Blind, is quoted as saying that this proposal is an “important first step toward eliminating wage discrimination against people with disabilities.”

However, there are those who fear the passage of this legislation will only hurt the disability community. Parents and caregivers of individuals with severe cognitive and developmental disabilities feel that sheltered workshops are the only option for certain individuals because of the limitations their disability puts on them. By taking away the option of workshops, Congress is taking away these individuals’ ability to “have something to do”, be out in society, make friends and have a sense of self-worth.

Desegregation

Forward RISE Logo

I’d be interested to see exactly how this would work. In my opinion, this proposal has great potential for getting people with disabilities into society in a very real way. At Forward RISE, we are committed to inclusion, and the passage of a proposal like this is a great step towards this goal. There is a significant segregation between the two communities of people with and people without disabilities and the only way to fix this is through real inclusion. State vocational rehab agencies can begin their work with students when they reach high school age so that they can prep for transition to life after school. This school in New Jersey has a great program for its students with developmental disabilities that offers real-life skills and industry certifications to help them land a job or to succeed in college. 

When I was in high school, I remember taking a questionnaire that narrowed down my interests into possible career paths. There could be a modified version of this for people with disabilities. If a person only has one option – sheltered workshops – they will never learn if they have the potential to do something different.

Why is this so important? We have to consider the bar that we set for people with disabilities. Are we setting the bar too low by assuming that the best place for anybody with a disability is a sheltered workshop? I say yes! Too often, assumptions are made on people with disabilities. It is presumed that they are incapable of making decisions, keeping a schedule or following directions, let alone having higher-thinking qualities needed for employment. Destination Desserts changes the game by assuming that people with disabilities do have the ability to hold down a job outside of a sheltered workshop. 

But we also have to realize that there are certain individuals for whom sheltered workshops would be the best environment. Taking away that option completely would devastate many individuals and families who rely on these places.

As with anything, change can be scary and difficult, especially when we are talking about a community with such a varied group of people. This proposal can be the beginning of the desegregation of disabled and able-bodied people. I can’t wait until the word “inclusion” is no longer a part of our conversation because at that point, it will just be.