News Release

NCD #03-424
July 29, 2003
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov

National Council on Disability Speaks Out on the State of Civil Rights for People with Disabilities

WASHINGTON-The National Council on Disability (NCD) today released an excerpt from its annual report, National Disability Policy: A Progress Report (http://www.ncd.gov/newsroom/publications/progressreport_final.html), which highlights issues related to civil rights for people with disabilities, reporting on civil rights advances, declines, and areas that bear watching or are in need of repair.

NCD recognizes the greatest achievement of 2002 was the inclusion of access to the polls for people with disabilities in the new national voting legislation. In other areas, such as judicial interpretation of the Americans with Disabilities Act (ADA), the past year brought notable losses.

" A dozen years after the enactment of this landmark legislation, concern about recent court decisions coupled with a degree of backsliding in employment and some critical areas of access have suggested to many people with disabilities that a clear intent to weaken the ADA is underway and that they must close ranks and increase their vigilance, " said Robert R. Davila, Ph.D., NCD member.

In last year's report to Congress, NCD noted an atmosphere of fear and uncertainty among Americans with disabilities because of the potential or real loss of legal protections. This climate of fear became pervasive in 2002 as a result of the continuing trend of court decisions unfavorable to disability rights and of the federal government ' s disinclination to include civil rights enforcement for people with disabilities as a major element of the New Freedom Initiative. NCD reports that when disability rights advocates discuss court decisions today, their focus is primarily on how to prevent or slow further erosion of civil rights.

The NCD report highlights two 2002 Supreme Court cases:

In Toyota v. Williams the justices ruled that Toyota had not violated the law by refusing to accommodate a worker with severe carpal tunnel syndrome. The Supreme Court found that, because the individual could perform routine household tasks at home, she was not substantially limited in the major life activity of working, and, therefore, not protected by the ADA.

In Echazabal v. Chevron the Supreme Court, in deferring to the " direct threat " defense established by EEOC regulations, held that an employer can deny employment to a person with a disability if the employer determines that person might pose a danger to him or herself in the course of the employment.

The report clearly spells out that the general pattern of these and other Supreme Court decisions strip people with disabilities of the ability to enforce the ADA and other civil rights laws. Faced with the disheartening and deteriorating judicial situation, NCD, in 2002, began a series of policy papers examining the Supreme Court ' s ADA decisions and their meaning for people with disabilities. This project, Righting the ADA, covers the myriad of issues involved in the Court decisions and setting forth their legal and human implications. The papers explain the background of the ADA and analyze the prospects for reform. The series of briefs (http://www.ncd.gov/newsroom/publications/policybrief.html) will conclude with a comprehensive report that includes legislative proposals.

NCD recommends that now, more than ever, it is critical that the Federal Government vigorously enforce the ADA. The NCD report also raises the issue of the administrative practice of vetting proposed social policy, including civil rights protections, by projected costs to business. NCD recommends that the federal government clarify the role of such potential costs in the area of civil rights and make it clear that the ADA includes ample protections for private entities from excessive or burdensome demands.

The NCD report also reviews progress in the following disability rights issues:

Hate Crimes: NCD reports that although all vulnerable groups (including people with disabilities) face heightened risks and unique forms of victimization, threats specific to those with disabilities have received far less attention than dangers facing other groups. As in last year's report, NCD recommends that Congress adopt legislation extending federal hate crimes protection to persons with disabilities.

Genetic Discrimination: NCD has continually recommended enactment of strong anti-discrimination legislation to assure that DNA is not used to discriminate against people in matters of employment, insurance or health care. The increase of data purporting to link genes to health conditions has the potential to result in an increase of incidents of "adverse selection" - screening people out of insurance or employment on health-risk grounds revealed through DNA tests. Moreover, such genetic information can be obtained as a by-product of other permissible tests. Many people may be victims of genetic discrimination without knowing such information has been obtained and used. NCD refutes the claim that costs would increase if insurers and employers were barred from using genetic information in coverage or employment decisions. NCD finds no research confirming these predictions, and, in fact, argues instead that there would be greater costs to society should genetic discrimination force people to forego diagnosis or delay treatment in order to protect themselves from discrimination. NCD recommends that Congress recognize the growing importance of this issue and act to curb discriminatory use of genetic information in insurance and employment. (For details of the NCD position, see the NCD 2002 white paper on genetic discrimination with detailed recommendations at http://www.ncd.gov/newsroom/publications/geneticdiscrimination_positionpaper.html).

Voting Rights: NCD applauds the new national voting rights legislation and notes that implementation of the law will depend upon financial resources and commitment to this issue at state and local levels. To provide a baseline for evaluating the success of the Act, NCD recommends the Administration undertake research following the 2004 election campaign to determine whether significant numbers of voters with disabilities were facilitated in voting and were enabled to exercise their right to a secret ballot. NCD also recommends that Congress remain alert to barriers such as insufficient state sums authorized for disability access, and problems arising from the photo-ID requirement.

Section 504: NCD has become increasingly concerned with the diminished attention to and enforcement of Section 504 of the Rehabilitation Act. To ensure continued vitality of this historic and effective law, NCD recommends a re-commitment to the principles and the use of Section 504 as an important instrument for ensuring full access and civil rights for all citizens. NCD also recommends that the Administration revitalize the Interagency Disability Coordinating Council as the major vehicle for the coordination of Section 504 policy and implementation among the numerous federal agencies that must be engaged if the law is to achieve its full potential.