《2008年美国残疾人法修正案

C. Feldblum, K. Barry, E. Benfer
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引用次数: 47

摘要

《美国残疾人法案》(ADA)的目标是制定一项民权法律,保护残疾人免受基于残疾的歧视。残疾人权利倡导者在1990年取得了胜利,他们为残疾人打开了大门,改变了国家对残疾人的看法和接受程度。这些倡导者认为,《美国残疾人法》的条款基于《康复法案》第504条,结合《美国残疾人法》的立法历史,将向法院提供明确的指示,即《美国残疾人法》旨在提供广泛的覆盖范围,禁止对各种身体和精神残疾者的歧视。不幸的是,最高法院在下级法院的领导下,通过解释《美国残疾人法》中“残疾”的定义,建立了一个过于苛刻的法律覆盖标准,从而堵住了《美国残疾人法》打开的大门。本文概述了在恢复《美国残疾人法》的初衷和消除阻碍残疾人充分参与社会的歧视障碍方面所做的倡导工作。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The ADA Amendments Act of 2008
The goal of the Americans with Disabilities Act (ADA) was to create a civil rights law protecting people with disabilities from discrimination on the basis of their disabilities. Disability rights advocates in 1990 were victorious in their efforts to open doors for people with disabilities and to change the country's outlook and acceptance of people with disabilities. These advocates believed that the terms of the ADA, based as they were on Section 504 of the Rehabilitation Act, combined with the legislative history of the ADA, would provide clear instructions to the courts that the ADA was intended to provide broad coverage prohibiting discrimination against people with a wide range of physical and mental impairments.Unfortunately, the Supreme Court -- with lower courts following in its lead, barricaded the door that the ADA had opened by interpreting the definition of "disability" in the ADA to create an overly demanding standard for coverage under the law. This article provides an overview of the advocacy effort that has resulted in restoring the original intent of the ADA and destroying the barriers of discrimination that prevent people with disabilities from fully participating in society.
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