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ERIC Number: ED301011
Record Type: RIE
Publication Date: 1986-Feb-1
Reference Count: N/A
Equal Opportunity Laws: Topic Paper A.
National Council on the Handicapped, Washington, DC.
This paper examines the status of U.S. disability-related equal opportunity laws and identifies gaps in coverage, shortcomings and inconsistencies in interpretation and application, and deficiencies in enforcement. Problems with the scope of coverage result from: (1) laws that are not enforceable in federal courts against states, not co-extensive with laws prohibiting discrimination, and not co-extensive with the Federal Fair Housing Act (Title VIII of Civil Rights Act of 1968); and (2) the failure of the Federal Government to use its leverage as a consumer of goods and services. Problems with the language, interpretation, and enforcement of current handicap equal opportunity laws include the absence of reasonable accommodation requirements and standards, failure to spell out elements of nondiscrimination, lack of a clear distinction between nondiscrimination and affirmative action, etc. Also identified are problems in trying to apply traditional civil rights legal standards to discrimination on the basis of handicap, problems with the bill of rights for persons with disabilities, legal representation for persons with disabilities, and technical assistance needed for small businesses. Ten recommendations conclude the paper, urging the enactment of a comprehensive law requiring equal opportunity for individuals with disabilities, setting clear, consistent, and enforceable standards prohibiting discrimination on the basis of handicap. Twenty-one references are listed. (JDD)
Publication Type: Reports - Descriptive; Opinion Papers
Education Level: N/A
Authoring Institution: National Council on the Handicapped, Washington, DC.
Note: In: Toward Independence: An Assessment of Federal Laws and Programs Affecting Persons with Disabilities--with Legislative Recommendations. Appendix: Topic Papers. A Report to the President and the Congress of the United States; see EC 211 757.