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The people commonly described as handicapped are an extremely diverse group. It links the definition of disability with the ability to perform labor: a disability that does not affect one's ability to work is not considered a disability. So that now, when they are coming back into our society, the barriers they face are enormous.

design guidelines for accommodating amputees in the workplace-55

6 Less publicity has highlighted accom- modations provided at little or no cost 5 Steven Roberts, "Harder Times Make Social Spenders Hard Minded," New York Times, Aug. Chapter 2 describes ongoing and historical handi- cap discrimination and examines the prejudices and stereotypes that may prompt discriminatory actions and prac- tices. This chapter focuses on how handi- capped people fare in society and the ways society, instead of accommodating, frequently misconstrues, overreacts to, or ignores differences in individual men- tal and physical abilities. 9 Handicapped people without families and those whose families were unable or unwilling to support them were "farmed out" to stay with people who received public assistance for providing room, 5 Instances of ridicule, torture, imprisonment, and execution of handicapped people throughout history are not uncommon, while societal prac- tices of isolation and segregation have been the rule. Scheer- enberger, A History of Mental Retardation (Balti- more: Brookes Publishing Co., 1983), pp. Matson, "The Disabled and the Law of Welfare," Cal. Early examples include Peter Stuyvesant, the Dutch di- rector-general of New Amsterdam, and Gouverneur Morris, codrafter of the American Constitution and later a U. Senator and diplomat, both of whom had leg amputations. 65-66; Frances Koestler, The Unseen Minority (New York: David Mc Kay, 1976), pp. 6 President's Committee on Employment of the Handicapped, "Disabled Americans: A History," Performance, vol. 5, 6, 7 (November- December 1976, January 1977), pp. When Congress finally passed such a measure in 1854, President Frank- lin Pierce vetoed it on constitutional grounds as an attempt to make "the Federal Government the great almoner of public charity throughout the United States." Ibid., pp. The costs of maintaining the institutions, however, soon became burdensome for many communities. Experts challenged the eugeni- cists' overemphasis on heredity as the cause of disabilities and refuted theories that the human race was deteriorating genetically.

Chapter 3 summarizes the basic workers who are employed. legal framework governing handicap dis- crimination, explaining the major appli- cable Federal laws and constitutional guarantees. The chapter traces the historical isolation of handi- 1 118 Cong. Frank Bowe, Handicapping America (New York: Harper & Row, 1978), pp. 1-2 (hereafter cited as "Disabled Americans: A History"). 21-22; Burton, "Federal Government Assistance for Disabled Persons," p. 19 Wolfensberger, "The Origin and Nature of Our Institutional Models," pp. Reducing per capita costs allowed institutions to admit more people on a given budget. 997-1000 and authorities cited therein (hereafter cited as "Wicked Witch: Sterilization of Handicapped Persons"). 28 This undercut the primary rationale for segregating handicapped people from the rest of society, but the large State residential institutions had established a momentum of their own. 28 "Wicked Witch: Sterilization of Handicapped Persons," pp. 29 Wolfensberger, "The Origin and Nature of Our Institutional Models," pp. 20 blind; whether rural or urban; whether from the local town or from 500 miles away; whether well-be- haved or ill-behaved[,] [w]e took them all, by the thousands, 5,000 to 6,000 in some institutions.

They do not review the potential substantiality of expenses required for accommodating the presumably more severe- ly handicapped persons not currently employed. Chapter 4 discusses the con- cept of full participation, reviews Congress' declared overall objective for handicapped people, examines the costs and benefits of full participation, and explores the goal's essential components. 13 For instance, mental illness might be defined as a condition defined as such by a psychiatrist. 26 These econo- mies of scale fostered large, understaffed institutions often providing minimal cus- todial services to residents. Burgdorf, Jr., and Marcia Pearce Burgdorf, "The Wicked Witch Is Almost Dead: Buck v. 23 Wolfensberger, "The Origin and Nature of Our Institutional Models," pp. 29 Institutionalization had become Ameri- can society's automatic response to the question of how to deal with the handi- capped population: [W]hether young or old; whether borderline or profoundly retarded; whether physically handicapped or physically sound; whether deaf or 24 Wolfensberger, "The Origin and Nature of Our Institutional Models," pp. 25 Eugenicists advocated several strategies for dealing with the propogation of handicapped people. "Farm colo- nies" exploiting the labor of mentally retarded residents became common. We had all the answers in one place, using the same facilities, the same person- nel, the same attitudes, and largely the same treatment.

Part II, which consists of three chap- ters, suggests an analytic framework for answering difficult legal questions about handicap nondiscrimination require- ments, particularly the concept of rea- sonable accommodation. A mentally retarded person, under such an approach, would be one whom a doctor, a psychologist, or another professional has deemed mental- ly retarded. Bell and the Sterilization of Handicapped Persons," Temp L. 102-05; "Wicked Witch: Sterilization of Handicapped Persons," p. An article calling for a sterilization statute in Kentucky, for example, issued the following warning: Since time immemorial, the criminal and de- fective have been the "cancer of society." Strong, intelligent, useful families are be- coming smaller and smaller; while irrespon- sible, diseased, defective families are becom- ing larger. To prevent this race suicide we must prevent the socially inadequate per- sons from propagating their kind, i.e., the feebleminded, epileptic, insane, criminal, diseased, and others. These included prohibitions on marriage and sexual intercourse, compulsory sterilization, segregation from the community and from the opposite sex, and euthanasia. 26 Wolfensberger, "The Origin and Nature of Our Institutional Models," p. 27 Some institutions actually competed to see which could reduce costs the most, with little concern for the welfare of residents or the quality of their environment. 30 Concern for disabled First World War veterans prompted Congress to pass leg- islation creating "soldier rehabilitation" programs in 1918.

tates Commission on Civil Rights Clearinghouse Publication 81 September 1983 U. Part II suggests ways to resolve legal issues concerning handicap antidiscrimination requirements. Vivian Hauser, Audree Holton, and Vivian Washington prepared it for publication. The Commission expresses its gratitude to the Department of Labor for allowing Thomas Hodges, a labor economist and quadriplegic, to work on this project. Hodges died shortly before final Commission approval of the monograph. 4 Defining "Handicaps" 5 Statistical Overview of Handicaps 10 Age Race Marital Status Military Service Types of Impairments 2. Some ask general questions on activity restric- tions but yield no accurate or detailed disability information. 44 For example: (a) The SSA study surveys persons of working age (18 to 64) in the civilian, noninstitutionalized population, including those who are limited in the amount or kind of work or housework they can perform. V 1981) covers "any person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities" (em- phasis added). 53 OCR projected that 3,635,064 children require special education. S., Department of Educa- tion, 1980 Elementary and Secondary Schools Civil Rights Survey: National Summaries, by percent. 55 By extrapolating from Social Security Admin- istration figures for the 55 to 64 age group, it is fairly certain that at least 25 percent of those over 65 have severe disabilities that render them unable to work at all or to work regularly. Approximately 387,000 of these had disabilities rated at 60 percent or more, some 619,000 had disability ratings between 30 and 60 percent, and approximately 1,270,000 had disabilities rated at less than 30 percent.

Part I of the monograph provides basic information about handicapped people, the barriers they face, and their legal rights. Overall supervisory responsibility rested with Paul Alexan- der,* Acting General Counsel, for the initial phases of this project, and with Caroline Davis Gleiter, Acting General Coun- sel, for its final phases. 3 in the section entitled "Rehabilitation Act of 1973." 22 29 U. C.: Bureau of Social Science Research, Inc., 1981), pp. 39 Existing population surveys have a variety of problems. The results are also subject to reporting and process- ing errors and errors due to nonresponse. S., Department of Health and Human Services, Social Security Administration, Work Disabilities in the United States, a Chartbook (1980) (hereafter cited as SSA Chartbook). 52 These figures are very gross estimates, in part because the figures for the 3 to 21 age group must be compared with census figures for the to 19 age group. 69 These include arthritis or rheumatism, trou- ble with back or spine, missing legs or feet, missing arms or hands, and chronic stiffness. 70 These include heart trouble, stroke, and other arterial -vascular problems. Military Service In 1981, according to the Veterans Administration, 2,279,064 veterans were receiving service-connected disability compensation.

4 under the section entitled "The Costs and Bene- fits of Full Participation." Chapter 1 Who Are Handicapped Persons? The term handicap is commonplace in both ordinary usage and legal parlance. To overcome the disadvantages that each approach by itself encounters, many legal and governmental definitions use a combination of these three ap- proaches. 14 Section 223(d) of the Social Security Act, 42 U. Naturally, these laws could not instanta- neously remedy the effects that years of isolation have had on handicapped peo- ple: Disabled people have been out of the mainstream of American life for two hundred years.

But we seldom think about the meaning of the word handi- capped, consider the range of people to whom it applies, or realize the implica- tions of imposing this label on individu- als. The Social Security Act, for example, combines the second and the third approaches. And these years have seen the construction of mo- dern American society — its values, its heritage, its cities, its transporta- tion and communications networks.

1 The effects and application of handi- cap civil rights laws, however, are not well understood, despite nearly unani- mous support of their overall purpose. 2 See, e.g, Henry Fairlie, "We're Overdoing fully developed, and there are popular misconceptions about their require- ments. The aim of this monograph is to exam- ine such questions, the purpose and content of handicap civil rights laws, the problem of discrimination they seek to remedy, and the emerging legal princi- ples concerning the rights and obliga- tions arising under such laws. As to the sources of such develop- mental disabilities data, a report making use of them has noted: The EMC Institute prepared these data from information supplied by the fiscal year 1978 state developmental disability plans as re- quired by P. There are several reasons for this: (1) not all of the 54 State developmental disabilities plans included all the population data specified by the guide- lines; (2) the year for which the developmen- tally disabled population was projected var- ied among the individual states from 2980 to this information provides a general feel for the size and makeup of the handi- capped population, its imprecision un- derscores the need for more reliable, standardized, and comprehensive data. 3 Bruce Vodicka, "The Forgotten Minority: The Physically Disabled and Improving Their Physi- cal Environment," Chi.-Kent L. Recorded history documents many examples of segregation and persecution by various societies, including our own, of people 4 Kent Hull, The Rights of Physically Handi- capped People (New York: Avon Books, 1979), p. 17 who differed from what was considered "normal." 5 When Europeans settled colonial America, they devoted their energies primarily to survival and placed a premi- um on physical stamina, hard work, and material success. 11 Lloyd Burton, "Federal Government Assis- tance for Disabled Persons: Law and Policy in Uncertain Transition," in Law Reform in Disa- bility Rights, vol. 17 Concern over the inadequacies of the local almshouse system prompted re- formers like Dorothea Dix to push for State supervision of institutional facili- ties and for more specialized care. This philosophy em- phasized "benevolent shelter" and re- sulted in large institutions housing great numbers of disabled people far from population centers.

Legal analysis and interpretation are not 1 See, e.g., Felicity Barringer, "How Handi- capped Won Access Rule Fight," The Washington Post, Apr. A-15; Joanne Omang, "Bell Withdraws 6 Proposals for Educating Handi- capped," The Washington Post, Sept. As a result, many people harbor reservations, concerns, and unanswered questions about civil rights provisions that protect handicapped people: Do handicap antidiscrimination statutes only prohibit discrimination against handicapped people, or have they been interpreted and applied to provide ex- traordinary privileges to handicapped individuals not available to other citiz- ens? In particu- lar, the monograph focuses on "reason- able accommodation," a requirement that has become a pivotal concept in handicap antidiscrimination law because it serves as a realistic middle ground between doing nothing and doing every- thing to assist handicapped people. Better statistical information would greatly enhance the ability to plan and deliver services to handicapped persons, to monitor the status and treatment of handicapped persons, and to develop legislative and administrative initiatives and appropriate remedial programs. Incapacity and depen- dency were undesirable in such an envi- ronment. 2 (Berkeley: Disability Rights Education and Defense Fund, 1981), p. 18 As a result, in the 1850s, State facilities for various groups of handicapped people proliferated amid high hopes that train- ing and education would allow people to leave the institutions and live in their own communities. These programs gen- erally provided no training that might enable handicapped residents to return to their communities.

11 ■BMHB Acknowledgments The Commission is indebted to Christopher G. Burgdorf, Jr., staff attorneys, who wrote this monograph. Hartog, Assistant General Counsel, directed the project. He contrib- uted in many ways beyond shaping and drafting parts of this document. Discrimination Against Handicapped People 17 Historical Background 17 Prejudice Toward Handicapped People 22 Discomfort Patronization and Pity iv tma^^m Stereotyping Stigmatization Extent of Handicap Discrimination 27 Education Employment Institutionalization Medical Treatment Sterilization Architectural Barriers Transportation Other Areas Forms of Handicap Discrimination 40 Changing Discriminatory Practices and Prejudiced Attitudes 42 3. Others are rich in diagnostic information but tend to exag- gerate the rate of disability or fail to provide adequate information about functional limitations or activity restric- tions. The limitations must have resulted from a chronic condition or impairment of at least 3 months' duration. 12 or 6.2 million people, that is the national population represented by the SSA sec- ondary work limitations. Census estimated that 8.6 percent of noninstitutionalized per- sons between 16 and 64 years of age have a work disability. 52 The Department of Education, Office for Civil Rights (OCR), estimates that 9.1 percent of the total elementary and secondary enrollment require spe- cial education. S., Department of Health, Education, and Welfare, Office of Human Development, Special Concerns, The White House Conference on Hand- icapped Individuals (1977), p. The 1981 White House Conference on Aging, Chartbook on Aging in America (Washington, D. The SSA estimates that 25 percent of the persons aged 55 to 64 have disabilities of these types. 2 in the section entitled "Extent of Handicap Discrimination." methodology employed in certain studies as discussed above do not generally affect the internal validity of such studies in identifying important characteristics of the handicapped population. 68 Types of Impairments According to SSA figures, 65 percent of both severely and partially disabled per- sons reported musculoskeletal condi- tions.

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