Michigan State University Extension
Diversity and Pluralism - 02150022
12/95/
ERIC TITLE NUMBER: ED301011 AUTHOR:
TITLE: Equal Opportunity Laws: Topic Paper A.
YEAR PUBLISHED: 1986
NOTE: 65 p.; 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.
ABSTRACT: 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)
KEY DESCRIPTORS: Civil-Rights; Civil-Rights-Legislation;
Court-Litigation; Employment-Opportunities; Government-Role;
Public-Policy
KEY DESCRIPTORS: *Disabilities-; *Equal-Opportunities-Jobs;
*Federal-Legislation; *Federal-Programs; *Handicap
Discrimination; *Law-Enforcement
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