July 26 marked the 25th anniversary of the signing of the Americans with Disabilities Act (ADA), a law that is widely recognized as a watershed moment in American disability policy, with far-reaching effects on the status of individuals with disabilities. At its essence, the ADA is a civil rights law that prohibits discrimination against people with disabilities in nearly every domain of life, including employment, transportation, education, recreational activities, and access to health and mental health services. In enacting the law, Congress intended "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities."
APA was involved from the beginning in ensuring that this law protected not only those with physical disabilities, but also those with mental and emotional disabilities. Oral and written testimony brought scientific psychological research to bear on all aspects of the regulations, particularly those related to people with mental illness. The association and its partners were successful in enssuring final passage of the ADA without weakening amendments, such as those that would have excluded people with mental and emotional disabilities from coverage and protection.
The emergence of both the disability rights and independent-living movements were critical to the ADA's development. The disability rights movement emerged in tandem with the 1960s civil rights movement in the United States and was based upon the fundamental principles of autonomy and self-determination as well as a response to injustices toward people with disabilities. The 1970s saw numerous grassroots movements and activism as people with disabilities became increasingly visible through such efforts as creating independent living centers and protesting unfair treatment on college campuses.
Over time, this focus of political activity has been steadfastly sustained by behavioral and social science research. Psychology has done much to demonstrate the pervasive nature of stigma associated with disability and the adverse mental health effects of resulting discrimination; the science has consistently supported arguments in favor of the elimination of barriers to people with disabilities that do not exist for nondisabled people. Social psychologists have confirmed that a variety of psychological and sociological behaviors toward people with disabilities — stereotyping, stigmatizing and exhibiting discomfort in close proximity to someone with a visible disability — contribute to the pervasiveness of prejudicial views. Community psychologists have also played an influential role in the disability rights movement, encouraging and recognizing the importance of full community participation and involvement, capacity building, empowerment and support.
Thanks to the ADA, people who had suffered a long history of discrimination and misunderstanding are now beginning to realize tangible benefits that have drastically improved every aspect of their lives. Unfortunately, however, social and attitudinal barriers remain (Journal of Postsecondary Education and Disability, 2014). As is the case with so many of our laws related to equality and civil rights, although the ADA sets a legal mandate that requires equality in opportunity and accessibility, social attitudes based on misguided beliefs and fear, rather than documented psychological research and demonstrated conduct to the contrary, cannot be regulated by law. But they can be influenced by others' behavior.
As Justice Thurgood Marshall wrote in 1985, "much has changed in recent years, but much remains the same; outdated statutes are still on the books, and irrational fears or ignorance, traceable to the prolonged social and cultural isolation of the [disabled], continue to stymie recognition of the dignity and individuality of [disabled] people." It is for this reason that one can say that these 25 years of the ADA's existence have been both impressive and wanting.
A new booklet entitled The ADA and How It Affects Psychologists is available online. For this and other information and resources on the ADA — and to learn more about APA's disability related activities — visit the Office on Disability Issues in Psychology.