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42 U.S.C. § 12101 — Findings and purpose

submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 432 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress found that people with disabilities face widespread discrimination in jobs, housing, and public life. They often have no legal way to fight it. This chapter's purpose is to set clear, enforceable national standards banning that discrimination.

(a) Findings
Congress found:
(1) Physical or mental disabilities do not reduce a person's right to fully take part in society. Discrimination has still kept many people with disabilities out. People with a record of a disability, or seen as having one, face discrimination too.
(2) Society has often isolated and segregated people with disabilities. Despite some progress, this discrimination is still a serious, widespread problem.
(3) Discrimination against people with disabilities continues in critical areas: jobs, housing, public places, education, transportation, communication, recreation, institutions, health services, voting, and access to public services.
(4) Unlike people facing discrimination based on race, color, sex, national origin, religion, or age, people facing disability discrimination have often had no legal way to fight it.
(5) People with disabilities face many kinds of discrimination: outright exclusion; barriers in buildings, transportation, and communication; overly protective rules; failure to adjust facilities and practices; unfair qualification standards; segregation; and being pushed into lesser services, programs, activities, benefits, and jobs.
(6) Census data, national polls, and studies show that, as a group, people with disabilities hold an inferior social status and are badly disadvantaged socially, vocationally, economically, and educationally.
(7) The nation's proper goals for people with disabilities are equal opportunity, full participation, independent living, and economic self-sufficiency.
(8) Ongoing unfair discrimination and prejudice stop people with disabilities from competing equally and pursuing opportunities. It also costs the United States billions of dollars from unnecessary dependency and lost productivity.

(b) Purpose
This chapter's purposes are:
(1) To give a clear, comprehensive national mandate to end discrimination against people with disabilities.
(2) To set clear, strong, consistent, and enforceable standards against such discrimination.
(3) To make sure the federal government plays a central role enforcing these standards for people with disabilities.
(4) To use the full reach of Congress's authority — including the power to enforce the Fourteenth Amendment and regulate commerce — to address the major kinds of discrimination people with disabilities face every day.

the actual law source: uscode.house.gov ↗public domain
(a) Findings

The Congress finds that—

(1)

physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

(2)

historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3)

discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4)

unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5)

individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6)

census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7)

the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(8)

the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

(b) Purpose

It is the purpose of this chapter—

(1)

to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2)

to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3)

to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4)

to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

Source credit: (Pub. L. 101–336, § 2, July 26, 1990, 104 Stat. 328; Pub. L. 110–325, § 3, Sept. 25, 2008, 122 Stat. 3554.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-336 · 104 Stat. 328
  • 2008Amended · Pub. L. 110-325 · 122 Stat. 3554

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.

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