Capitalizing on 30 years of progress, states continue to lead the fight for individuals with disabilities

by Dina Klimkina

The Americans with Disabilities Act (ADA) has led to considerable improvements in the lives of individuals with disabilities over the previous 30 years. Marking the 25th anniversary of the ADA, the University of Texas Health Science Center at Houston conducted a survey titled “The Impact of the ADA in American Communities.” According to the survey, some of the greatest impacts of the ADA include: » Improvements to public accommodations » Improvements to self-esteem for individuals with disabilities » Access to transportation » Improved quality of life » Access to independent and community living » Improved public awareness about the ADA and disability etiquette “As a parent who uses a wheelchair and has two children — now 8 and 10 — who have mobility impairments, the ADA’s impact on ‘simple things’ like accessible restrooms and accessible diaper changing stations has made all the difference in my family’s successful inclusion in our community,” stated a survey participant. Under Title II of the ADA, states are mandated to ensure nondiscrimination. States are uniquely positioned to address the needs of individuals within their states through state policy and programming. In fact, states have led the charge in protecting the rights of individuals with disabilities not only through state boards, councils, caucuses and commissions on disabilities, but also through programs and initiatives which encourage improvements in accessibility, transportation, disability awareness and etiquette, employment and education services and more.

One way states work to prioritize individuals with disabilities is through legislative caucuses, governor’s councils and/ or task forces on disability. These groups, often bi-partisan, focus on bringing disability issues to the forefront of the public policy discussion, improving disability etiquette, promoting the inclusion of individuals with disabilities in the legislative process and/or targeting specific issues, such as health care, employment, housing, education and service provision, among many other issues. Some groups also focus on a specific sector of the population, including individuals with intellectual and developmental disabilities, veterans, individuals with Alzheimer’s disease, cancer and other groups.

Currently, at least eight states — Connecticut, Kentucky, Massachusetts, Michigan, New Hampshire, North Carolina, Ohio and Pennsylvania — have legislative caucuses on disabilities. Nearly all states have some kind of executive committee on disabilities, varying from employment first commissions and developmental disabilities councils to commissions for mental health, developmental disabilities and substance abuse services and even governors’ committees on employment of people with disabilities. Other states have also begun to include individuals with disabilities in committees on employment, the future of the workforce and transportation, a practice that ensures a disability perspective is included in broader policy areas.

Many states have also become leaders in disability awareness, etiquette and training. Among others, Massachusetts, Ohio, Minnesota, Missouri and Illinois have enacted legislation that ensures disability training to public and private sector employees. Disability etiquette training can help employees and employers feel more comfortable and knowledgeable when interacting with colleagues with disabilities while helping expand public and private sector opportunities and helping organizations serve customers more effectively. In December 2019, more than 60 CSG members participated in the Work Matters: A Disability Employment Policy Primer session at the CSG National Conference, which included a Disability Etiquette Training.

Another critical improvement resulting from the ADA is improved access to transportation. Title II of the ADA applies to public transit systems and ensures that public transportation agencies cannot discriminate against individuals with disabilities. The ADA also ensures that public transit agencies provide paratransit services. Increased access to transportation improves individuals’ abilities to live independently and more easily access health care, employment and education opportunities. States have taken a variety of approaches to improving access to transportation.

Some states, like Florida, have established working groups or commissions to address the transportation needs of individuals with disabilities. Further, Alaska, Colorado, Idaho, New Hampshire, Illinois, Washington and West Virginia are some of the states that have policies requiring disability representation on transportation councils. States including California, Connecticut, Florida, Indiana, New Jersey, Pennsylvania, Rhode Island and Texas have enacted non-discrimination and other policies applicable to transportation network companies like Uber and Lyft. States including Colorado and Nevada are also looking to improvements in artificial intelligence and autonomous vehicles to improve access to transportation for individuals with disabilities. Increased access to transportation has and will continue to play a critical role in improving the lives of individuals with disabilities.

While improvements have occurred across the board, according to the survey conducted by the University of Texas Health Science Center at Houston, areas for continued improvement include employment, access to independent living, access to health care and access to housing. Currently, states are working steadily to address these issues. For example, many states have focused on disability employment as a policy priority.

From 2015 to the present, nearly 40 states have worked with the State Exchange on Employment and Disability (SEED) to identify barriers and improve employment opportunities for individuals with disabilities. States can promote the employment of individuals with disabilities in variety of ways, including acting as model employers, providing businesses with incentives for hiring individuals with disabilities, improving interagency coordination and collaboration surrounding employment services and encouraging entrepreneurship opportunities for individuals with disabilities.

States can act as model employers by demonstrating to private sector businesses the efficacy, efficiency and unique skills and talents of individuals with disabilities in the workforce. Not only are states some of the largest employers across the country, but they also play a lead role in human capital development for state industry. This allows them to reduce barriers to entry for previously disenfranchised populations and provide valuable skills training.

For example, Alaska, California, Florida, Louisiana, Ohio and Massachusetts have adopted policies supporting the development of strategic plans for state employment of people with disabilities. Illinois, Iowa, Louisiana, Massachusetts, Minnesota, Missouri, New Jersey, Oregon, Vermont, Virginia, Connecticut and Washington have adopted hiring goals for people with disabilities, whether by percentage of the workforce or other numerical goals. Other states, like Delaware, Maryland, Utah and Florida, have adopted fast track hiring systems that include special appointment lists for noncompetitive appointment.

For more information on improvements and changes to state policy regarding employment for individuals with disabilities, visit seed.csg.org to read the report, “Work Matters: A Framework for States on Workforce Development for People with Disabilities” and learn about additional state policies and initiatives that can improve employment outcomes for people with disabilities.

For the latest information and resources in celebration of #ADA30, visit seed.csg.org/ADA30