Universal Design and ADA

Americans with Disabilities Act and UD have Impact on Millions

© Barbara Bell

Jun 29, 2009
Nearly 30 million Americans, including disabled, elderly and anyone with functional limitations are helped by Universal Design and the ADA every day.

Although both the principles of Universal Design and the Americans with Disabilities Act serve to improve the mobility, safety and comfort of the citizenry, they are not synonymous.

ADA Guidelines Define Disability

The Americans with Disabilities Act was passed by the U. S. Congress in 1990. Title I of the Act prohibits private employers, state and local governments, employment agencies and labor unions from "discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment."

In its various sections and guidelines, the Act defines who qualifies as a disabled individual, and outlines the obligations of employers towards those individuals. It might be surprising to note that the definition of disabled is both very specific and very broadly structured. The parameters are:

  • a physical or mental impairment that substantially limits one or more major life activities of such individual;
  • a record of such an impairment;
  • being regarded as having such an impairment

The provisions of the ADA spell out the requirements of the employer to ensure that any individual whose ability to perform a job is adversely affected by his or her disability, will be provided with whatever changes are required to the job itself (ergonomic seating, specially adapted tools, visual aids, etc.) to be able to perform the job successfully – without overly inconveniencing the employer.

Title III Provisions

Title III of the Act is devoted to the details of making buildings and facilities accessible to the members of the public who are disabled. This section enabled the creation of new building codes, legislation to open up public buildings (particularly those whose historic or architectural elements made renovation difficult), requirements for improved packaging and other product design, the invention of newly accessible public transportation, etc.

Other sections of the ADA offer guidelines to determine acts of discrimination, appeals, defenses, etc. Many amendments have been made to the Act in the years since 1990, including in 2008, which substantially alter, limit or broaden some of the original provisions.

Defining Universal Design

The definition of Universal Design, as provided by a collaboration of architects, product designers, engineers and environmental design researchers, and funded by The National Institute on Disability and Rehabilitation Research, U.S. Department of Education, is: "The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design."

There are many areas of daily life where UD is applicable, and to which a great deal of research and development over the last few decades have resulted in successful product, building, and lifestyle changes. Whole industries have arisen dedicated to making housing, transportation, educational facilities, recreational and cultural facilities and even clothing, packaging and electronics more easily accessed by everyone.

The combination of enforcing the law enacted in 1990 on both a federal and state level led to creating new building codes and local legislation. This momentum directly resulted in the creation of a Universal Design initiative, which enables millions of Americans to live more comfortable and accessible lives. In the course of growing the public's awareness of accessibility for a small portion of the population, a better lifestyle has evolved for all - and for younger generations this societal "attitude adjustment" is probably taken for granted.

Sources:

Accessible Design/Universal Design Resources

The US Equal Employment Opportunity Commission

Access-board.gov

ADA.gov


The copyright of the article Universal Design and ADA in Public Healthcare Issues is owned by Barbara Bell. Permission to republish Universal Design and ADA in print or online must be granted by the author in writing.




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