Into the Private Sector

Abstract

Until late 1988, American social policy proscribed discrimination against people with disabilities only in the public (government or government-assisted) sector of the economy. Title V of the 1973 Rehabilitation Act (PL 93-112), for example, regulated employment practices in federal agencies, federal contractors, and entities receiving federal financial assistance. The Americans with Disabilities Act (S.933 and H.R.2273, pending), however, reaches deep into the private sector and builds upon the precedent set by the 1988 Fair Housing Amendments Act (PL 100-430). In this article, the major provisions of the ADA are outlined and rationales are offered for the choices made in shaping the legislation; the focus is upon the Senate because the House had not completed action at press time. The bill represents a growing consensus by Republicans as well as Democrats that private-sector regulation is essential if people with disabilities are to gain access to telecommunications, places of public accommodation, transportation, and employment. It responds to data showing that few Americans with disabilities attend sporting events, see movies or plays in public theatres, or eat in restaurants (Harris, 1986) and that employment of persons with disabilities has actually fallen (Bennefield & McNeil, 1989) since the Rehabilitation Act of 1973 was passed, in large part because most new jobs created by the American economy since that time have been in small, private companies, very few of which are covered by that act's Title V requirements.