We all do it

We all do it. We don’t mean to, but we do.

The audience and judges sneered when contestant Susan Boyle walked on stage on Britain's Got Talent. When she started to sing, the sneering quickly turned to awe. In the days that followed, discussions took place about how superficial we all were to laugh at her, since it turned out she possessed exceptional talent. The consensus seemed to be that, as Ms. Boyle was an extraordinary singer, it was wrong to snicker at her perceived lack of social graces and unglamorous appearance.

Hmmm…so, it’s OK to laugh at someone who looks different and who doesn’t possess exceptional talent?

A mother with a happy, smiling baby with Down Syndrome overhears other mothers talking in the park, “There but for the grace of God go I.”

A family with a child with Down Syndrome is less graced by God? Really?

On The Tonight Show, President Obama discussed his bowling score of 129 with some self-deprecating humor, "It was like Special Olympics or something."

I wonder….would this thoughtful leader have put himself down in jest by saying "Man, I bowl like a girl!" I doubt it; he knows in his heart one doesn’t put down another or even oneself, by calling someone “a girl.” And, if he slipped, Americans across the country would let him know that girls are not inferior beings.

An article in the May 2009 Diabetes Forecast focuses on the discrimination in employment against people with diabetes. It is an informative discussion about the necessity of the Americans with Disabilities Act Amendment Act and its protection of workers’ rights However, the author, almost in hushed tones, seems to need to make the point that people with diabetes aren’t really disabled. They just need the law to have a fair workplace.

What’s so terrible about having a disability, about being in that group? What’s so terrible about needing an accommodation to level the playing field, to do the essential functions of one’s job? The unemployment rate among people who are blind is 70%. Provide accommodation for insulin, snacks, and low blood sugar, but not provide text-to-read programs or Braille accommodations?

Why do we not want to be seen to be like others who are different? Can we not look a little harder to see that we share a common humanity?

Violence against children and adults with noticeable differences is much higher than against those without noticeable differences; it is prevalent in our neighborhoods, our schools, our homes. One Texas institution even ran a coordinated “fight club,” treating their clients like dog-fighting entertainment.

We, of course, don’t condone this violence, we may not even see its enormity. But we need to be aware of it. When people are beaten because of race, religion, or sexual orientation, it’s classified as a hate crime. Can we not demand that beating of people with disabilities be treated similarly?

Legislative opportunities to support our citizens with disabilities abound. The Community Choice Act would allow people the option to receive support services in the home. The United Nations Convention on the Rights of Persons with Disabilities recognizes the essential human rights of all people. The convention has been open for signatures for more than two years, and 139 countries have signed, but not the United States.

Where are our priorities?


On this Blogging Against Disablism Day, I ask myself – where is my ableism? How do I reflect the deeply ingrained prejudices of my culture? Where am I an ableist in my individual actions? In my community actions?

I give you the same challenge. Ask the tough questions.



This post is part of a worldwide blogging phenomenon, Blogging Against Disablism Day. Be sure to head over to Diary of a Goldfish to read more perspectives on ableism/disablism. Thanks, Goldfish for your extraordinary efforts again this year.

Links: my BADD 2007 post and BADD 2008 post

Support the ADA Restoration Act

H.R. 3195 ADA Restoration Act was introduced in July, 2007 to "restore the intent and protections of the Americans with Disabilities Act of 1990." A hearing was held yesterday to discuss this bill.

This is critically important legislation, because lately more and more employees are being barred from protection by the ADA. You may remember this story about the pharmacist who was fired because of his diabetes. His employer, Walmart, denied him a 30 minute lunch break. Thirty minutes needed to eat his lunch and keep his blood sugar regulated. When the pharmacist sued, a judge threw out his lawsuit, because the judge did not consider him disabled since he took insulin and therefore deemed him not qualified for protection from the Americans with Disabilities Act.

Representative Steny Hoyer, who worked on the original bill in 1990 says that the Congress never intended to disqualify people from protection from discrimination because they were taking medication that improved their condition.

Employment is a huge, huge issue for people with disabilities. Without employment, how do we live independently, support ourselves, buy food and shelter, live a life? Without employment, we are relegated to relying on charity and government services, which just cannot be an economically sound way to run a country. Without employment, it's tough to share our perspectives, our talents.

Steve Kuusisto has a very informative analysis of the proposed modifications to the law. I urge you to read his entire post because it really clarifies the issues. He quotes Scott Lissner, a university ADA coordinator:

"This would clearly widen the scope of who is protected from discrimination (exclusionary practices and prejudicial practices resulting in differential treatment) but would not directly expand who is entitled to an accommodation. Though it is possible if fewer students, employees and program participants with disabilities are excluded there may be some increase in the accommodations provided.

The second critical change puts the ADA in sync with other civil rights legislation by moving from protecting only qualified individuals with disabilities from discrimination to protecting all individuals from disability based discrimination."

Here's what the American Civil Liberties Union's press release has to say about this important legislation:

The American Civil Liberties Union today applauded the House Committee on Education and Labor for holding a hearing on H.R. 3195, the Americans with Disabilities (ADA) Restoration Act.
The original ADA passed with overwhelming bipartisan support in 1990 and was heralded by Republican and Democratic leaders as the "emancipation proclamation" for people with disabilities. However, due to a series of Supreme Court decisions that have narrowed the definition of disability under the ADA, the vast majority of ADA cases brought against private employers have been dismissed by the courts.

The ADA Restoration Act restores the original intent of the ADA by clarifying that anyone with an impairment, regardless of his or her successful use of treatments to manage the impairment, is entitled to seek a reasonable accommodation in the workplace.

Specifically, this legislation:
amends the definition of disability so that individuals whom Congress originally intended to protect from discrimination are covered under the ADA;
prevents the courts from considering the use of treatment or other accommodations when deciding whether an individual qualifies for protection under the ADA; and
focuses on whether individuals can demonstrate they were treated less favorably on the basis of disability.

The following can be attributed to ACLU Legislative Counsel Joanne Lin: "It is time to fix the problems created by the Supreme Court. The ADA Restoration Act would reestablish Congress' original intent in passing the ADA and restore the Act to its place as one of our country's great civil rights laws."

There are 243 cosponsors of the ADA Restoration Act. But, there is considerable opposition. Some say that the ADA Restoration Act will allow everyone to claim a disability, encourage "cheaters", and the expense to business will be overwhelming. I don't buy it. As stated above, the ADA is being chipped away to not cover those who need it. And the reason is not concern that for cheaters. And, most accommodations cost very little to the employer, while adding greatly to the employer's bottom line to have a productive employee.



These statistics from a talk by attorney Howard Rosenblum of Equip for Equality, bear repeating:

20% of reasonable accommodations cost nothing.

Over 70% cost $500 or less.

The median cost is $250.

A company makes $35 for each $1 spent on reasonable accommodations. Some of the benefits include hiring and retaining a qualified employee, increased productivity, and decreased turnover costs.

Certainly a lunch break for the Walmart pharmacist is not a costly accommodation.

This bill has bipartisan support in the House, but Senate support is not clear. Please contact your Representatives and Senators to support this important civil rights legislation.

Regular updates on the progress of the ADA Restoration Act can be found at: The American Association of People with Disabilities blog and at Reunify Gally and The Road to Freedom.

Voting questionnaire

A friend from my high school days contacted me about a newstory that she is writing for her journalism class at NYU. Katie is a journalism and politics major, and is writing about access to voting for people with disabilities. I answered her questions and offered to post her questions here so that she could maybe get a few more responses. If you have a disability and can take a few minutes to answer any or all of her questions by noon on Wednesday, October 10, she'd greatly appreciate it.

Two New York Times articles last summer (here and here) addressed the issues and delays of voting machines which allow independent access to voting by those with disabilities.

Katie's questions:

1. Have you voted (for President, Congress, even school board)?

2. If so, tell me about your experience - did you use a paper ballot or a machine? Did you find the system difficult? Any problems getting to the voting place?

3. If not, why didn't you vote?

4. Do you plan to vote in the 2008 Presidential election?

5. There is a federal law stating that all disabled persons must be able to cast their vote without assistance, because someone helping them might influence their vote. Do you think this is important? Is voting on your own a part of being independent?

6. The new law discussed in the New York Times articles is being debated because experts are worried that the voting machines that are easiest for most disabled people to use may not be totally secure - it is possible that hackers could hack into the system and screw up the votes. So, politicians are trying to balance what is most important - giving the disabled full access to voting or protecting voting security. What do you think?

7. Do you think it is important for every effort to be made to help disabled people vote? Why?

8. What would you think if you found out that the voting machines used to help the disabled were being canceled because of hacking concerns?

9. What would be the easiest way for you to cast a ballot?

10. Do you have any political issues that are especially important to you? What are they and why?

Email your answers to Katie at: km1312@nyu.edu no later than Wednesday at noon. Your thoughts on any of the questions would be appreciated.

Thank you!