National Disability Independence Day: A look back at the progress of accessibility

Published July 26, 2023

Every year, on July 26, we honor National Disability Independence Day to acknowledge and celebrate the signing of the Americans with Disabilities Act (ADA) by then-president George H.W. Bush in 1990. 

A first of its kind, this law was the beginning of boundary-breaking work designed to recognize and improve accessibility, making it a major win and a step in the right direction for human rights. This law helped improve access to goods, communications, and services for those living with disabilities. 

Ongoing efforts have resulted in significant progress over the years. Let’s take a look at those efforts and what they’ve accomplished.

What does the Americans with Disabilities Act (ADA) do?

The ADA bans discrimination against those living with disabilities in all public arenas, from schools to jobs, transportation, and more.

For example, it helped make way for initiatives like adding mandatory wheelchair-accessible stalls in public restrooms, adding braille signs to crosswalks, and more.

This law not only applies to brick-and-mortar businesses, but to the ever-expanding digital realm, making online information more accessible. It has paved the way for better technology and enhancements.

Timeline of improvements

 

In 1991, the following regulations are issued:

  • Title I – Issued by the U.S. Equal Employment Opportunity Commission (EEOC), this requires equal employment opportunities for people with disabilities and obliges business owners with 15 or more employees to comply with guidelines.

  • Title II – Issued by the U.S. Department of Justice (DOJ), this outlines mandatory modifications for practices, policies, and procedures to cover nondiscrimination in local and state government-offered activities, programs, and services.

  • Title III – Issued by the U.S. Department of Transportation (DOT), this handles public accommodations like commercial facilities, sets the accessibility standards for newly constructed buildings, and requires the removal of barriers in existing buildings that may interfere with mobility. It also sets the legal requirement for efficiently communicating with those who have vision, hearing, or speech disabilities.

  • Title IV – Issued by the Federal Communications Commission (FCC), this requires closed-captioning of federally-funded public service announcements, and ensures that telephone and internet companies provide a system that provides inter- and intrastate telecommunications relay services.  

 

In 1999:

  • The Olmstead Act recognized the “unjustified institutional isolation of persons with disabilities is a form of discrimination” and made way for community-based care. This determined that keeping a person involuntarily in an institution is illegal, officially includes mental illness as a disability, and names community care as a healthy alternative.

  • The Web Content Accessibility Guidelines (WCAG), a set of international standards or recommendations, was published. WCAG 1.0 laid the groundwork to help ensure web content accessibility and compliance with the ADA. This has since been, and continues to be, developed and updated.

The ADA Amendments Act of 2008 set a new standard for who can identify as a person with a disability. This improved inclusivity and opened the door to protect more individuals from discrimination. 

In 2022, the Justice Department issued new guidance on web accessibility. This reaffirmed that the ADA applies to websites and businesses “open to the public” making it a requirement to make their websites accessible to people with disabilities.

While a lot of work has been done in the years following, there is still more to be done. As the digital world expands, so will requirements to facilitate an accessible world.

 

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