From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
Ruled that Davis s impairment disqualified her from the ability
to participate and cast doubt on the entire principle of taking
affirmative steps to provide reasonable accommodation, as
specified in the 504 regulations.  
The Civil Rights of Institutionalized Persons Act of 1980 
Granted Department of Justice the authority to sue state or local
authorities operating an institution (including prisons and
mental hospitals) where there is a  pattern or practice  of
subjecting institutionalized persons to flagrant violations of
Constitutional rights and privileges.
Telecommunications for the Disabled Act of 1982
Required that workplace telephones used by persons with hearing
aids and emergency telephones had to be hearing-aid-compatible,
meaning that such phones had to be equipped to transmit
electromagnetic signals that could be received by hearing aids.
Task Force on Regulatory Relief, 1983 
President Ronald Reagan s Task Force on Regulatory Relief,
chaired by Vice President George Bush, sought to deregulate the
burdens and costs imposed on businesses, schools, and
governments. Targeted Section 504, the Education for all
Handicapped Children Act, and the ATBCB.  Following remarkably
organized opposition from the disability community, Task Force
chose not to alter Section 504 and the Education Act; changes
made to the ATBCB regulations.
Nelson v. Thornburgh, 1983 
Concerned whether Section 504 required the Pennsylvania
Department of Public Welfare to provide and pay for readers or
electronic devices for employees with visual impairments.  Court
ruled the Department failed to show that the cost of such
accommodations would be an  undue hardship,  and therefore had to
absorb the expenses of the accommodations.  Important affirmation
of the principle of reasonable accommodation.
The Voting Accessibility for the Elderly and Handicapped Act of
1984  
Required that polling sites for federal elections had to be
physically accessible to elderly persons and voters with physical
disabilities; required election officials to provide large-print
instructions and telecommunication devices for the deaf to
persons with sensory impairments.
Consolidated Rail Corporation v. Darrone, 1984
Second Supreme Court ruling on Section 504; represented a
reversal of interpretation from the 1979 Davis decision. 
Concerned whether Section 504 provisions applied to employment
discrimination. Court ruled that employment discrimination was
prohibited by Section 504, and established that courts must give
considerable deference to the 504 regulations.
The Handicapped Children s Protection Act of 1986
Overturned 1984 Supreme Court decision Smith v. Robinson, which
curtailed parents  ability to obtain attorneys  fees when
prevailing in litigation.  Gave parents the right to receive
reasonable compensation for attorneys  fees that matched
community standards for similar cases. 
Alexander v. Choate, 1985
Concerned a group of Medicaid recipients who brought a class
action suit against the Governor of Tennessee, arguing that the
state s reduction in the number of days Medicaid covered for
inpatient hospital stays from 20 to 14 had a disparate impact on
persons with disabilities and therefore violated Section 504. 
Supreme Court ruled that this incident did not violate Section
504.  But it established a significant policy statement on the
Rehabilitation Act.  Court concurred with Congress that
discrimination against persons with disabilities was  most often
the product, not of invidious animus, but rather of
thoughtlessness and indifference of benign neglect.   As such,
Section 504 applied not only to situations where there was
deliberate and malicious intent to discriminate, but also to
policies and actions that had a disproportionately adverse effect
on persons with disabilities. Not every action with
disproportionate effect is a violation; there must, according to
the Court, be a balance of the needs of persons with disabilities
and the costs to society.
City of Cleburne, Texas v. Cleburne Living Center, 1985
Concerned a proposed operator of a group home for persons with
mental retardation who challenged the validity of zoning
restrictions that excluded such a group home.  Supreme Court
decided that mental retardation did not constitute a
 quasi-suspect  classification calling for the
 heightened-scrutiny  equal protection test by the judiciary. 
Instead upheld that persons with mental retardation had
distinguishing characteristics warranting policies that are
 rationally related to a legitimate state interest.   But ruled
there was no evidence the group home posed a  special threat  to
the city s  legitimate interests.   Decided that the exclusion
was based on  irrational prejudice  against persons with mental
retardation and therefore unconstitutional.
The Air Carriers Access Act, 1986
Overturned 1986 Supreme Court decision in U.S. Department of
Transportation v. Paralyzed Veterans of America, which ruled that
commuter and commercial airlines not receiving federal funds did
not have to comply with nondiscrimination standards of Section
504.  Required that airlines should provide access to persons
with disabilities, regardless of whether federal funds are used.
Civil Rights and Remedies Equalization Act of 1986
Overturned 1985 Supreme Court decision Atascadero State Hospital
v. Scanlon, which granted the state immunity from Section 504
federal law suits; provided that states may not be immune from a
law suit in federal court for a violation of Section 504.
The Civil Rights Restoration Act of 1987
The 1984 Supreme Court ruling Grove City College v. Bell
established that while receipt of federal funds for a single
college program prohibited gender discrimination in the entire
institution (according to Title IX of the Education Amendments
Act of 1972), the Title IX sanction of cutting off federal funds
would only be applied to the specific program in question, not to
any other programs at the school.  By extension, the decision
applied to Section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, and Title VI of the Civil Rights Act
of 1964 all carried provisions about programs or activities
receiving federal assistance.  Civil Rights Restora tion Act,
passed over President Reagan s veto, restored all four
non-discrimination statues (race, age, disability, gender) to
their status prior to the Grove City College ruling.  Meant that
an entire institution was liable for the discriminatory practices
of one program or activity.
School Board of Nassau County, Florida v. Arline, 1987
Concerned a school teacher fired solely because of her
susceptibility to tuberculosis.  Arline argued her dismissal
violated the Rehabilitation Act.  Supreme Court upheld that a
person with the contagious disease of tuberculosis may be a
 handicapped individual  as defined by the Rehabilita tion Act,
and therefore protected by the statutes nondiscriminatory
employment provisions.  Such an individual must be evaluated not
by  fearful, reflexive reactions  to a class of persons, but on
an individual basis to determine 1) whether one is able to do the
job with or without a  reasonable accommodation,  and 2) whether
medically sound judgments indicate substantial risk and likeli
hood of transmission.
Hearing Aid Compatibility Act of 1988
Required that nearly all telephones manufactured or imported into
the United States had to be compatible for use with
telecoil-equipped hearing aids.  It did not require retrofitting
of existing telephones.
Telecommunications Accessibility Enhancement Act of 1988
Mandated a proactive approach within the Federal Government to
advancing accessibility to the federal telecommunications system
by individuals with hearing or speech limitations.
The Fair Housing Amendments Act of 1988
Extended protections of the Fair Housing Act of 1968 to persons
with disabilities; extended nondiscriminatory principles applied
to the Federal Government and those receiving federal assistance
to the entire economy.  Enabled persons with disabilities to make
modifications to premises; receive reasonable accommodations in
rules and policies; and expect accessible entryways and common
use areas.  Permitted the exclusion of persons posing a  direct
threat to the health or safety of another individual. 
ADAPT v. Skinner, 1989
ADAPT challenged two components of existing regulations issued by
the Department of Transportation: 1) that every bus need not be
lift-equipped (local transit authorities could exercise their
local option to provide accessible buses, paratransit, or a
mixture); 2) that transit authorities did not need to spend any
more than 3% of its budget on accessibility.  Supreme Court
upheld local option provisions, but ruled the 3%  safe harbor 
cap was  arbitrary and capricious. 


                           Appendix C
             Chronology: The ADA s Path to Congress
May, 1977White House Conference on Handicapped Individuals proposes the
creation of an agency to evaluate and coordinate federal
disability programsNovember, 1978Creation of the National Council on the
Handicapped.October, 1982President Ronald Reagan appoints new Council with 
Joe
Dusenbury
as Chairperson.October, 1982 to Au gust, 1983Justin Dart holds public 
orums
in all fifty states to develop
NCD report.August, 1983Publication of National Policy for Persons with
Disabilities. 
Proposal for comprehensive body of law protecting rights of
persons with disabilities.October, 1983Sandra Parrino appointed NCD
Chairperson.February, 1984Establishment of National Council on the 
Handicapped
as an inde
pendent federal agency.  Mandate to issue a report evaluating
incen tives and disincentives in federal programs and
recommending changes.December, 1984 to April, 1985Lex Frieden, Bob 
urgdorf,
Ethel Briggs, Naomi Karp, Brenda
Bratton join NCD staff.April, 1985 to Janu ary, 1986NCD prepares topic 
papers
and final report for Toward
Independence.  Justin Dart holds a second set of public forums in
every state.February 1, 1986Publication and distribution of Toward
Independence.  Number one
recommendation:  a comprehensive law requiring equal opportunity
for individuals with disabilities [and] prohibiting
discrimination on the basis of handicap. March, 1986Publication of The ICD
Survey of Disabled Americans.  Two-thirds
of Americans with disabilities unemployed; most want to work but
cannot.February, 1987Robert Burgdorf completes draft of an equal 
pportunity
law.May, 1987NCD commits to developing a legislative proposal for a 
comprehen
sive equal opportunity law.November, 1987NCD approves draft of Americans 
with
Disabilities Act.  Secures
sponsorship of Senator Lowell Weicker and Congressman Tony
Coelho.  Solicits White House support.November, 1987 to March, 1988NCD,
mediated by Senator Weicker, meets with disability community
to discuss the ADA. January, 1988Publication and distribution of On the
Threshold of Independence.
Includes draft of Americans with Disabilities Act to solicit
grassroots support.February 9, 1988Adoption of  donut-hole  approach to
Sections 503 and 504 and
exclusion of insurance.April 28-29, 1988ADA introduced in the Senate by
Senator Weicker and in the House
by Congressman Coelho.

                           Appendix D
           Chronology: Legislative History of the ADA
April 28, 1988Senator Lowell Weicker introduces ADA (S. 2345). April 29,
1988Congressman Tony Coelho introduces ADA (H.R. 4498).August 12, 1988Vice
President Bush commits to supporting a civil rights act for
people with disabilities if elected president.September 27, 1988Joint 
Hearing:
Senate Subcommittee on the Handicapped and the
House Subcommittee on Select Education.October 24, 1988Hearing: House
Subcommittee on Select Education.November 8, 1988George Bush elected
president; Senator Lowell Weicker defeated in
reelection bid.November, 1988Senator Tom Harkin assumes role of ADA sponsor 
in
the Senate;
Senator Harkin and the disability community solicit Senator
Edward Kennedy to take a lead ADA role to compensate for the loss
of Senator Weicker.November, 1988 to March, 1989
Senators Harkin and Kennedy work with Congressman Coelho, Senator
Hatch, the disability community, the business community, and the
Bush administration in developing a new version of the ADA.
January 19, 1989
President-elect Bush pledges to support an act similar to the
Ameri cans with Disabilities Act.
March 15, 1989
Senators Kennedy and Harkin complete draft of ADA.
May 9, 1989
Senator Tom Harkin and Congressman Tony Coelho jointly introduce
ADA (S. 933 and H.R. 2273).
May 9, 1989
Hearing: Senate Committee on Labor and Human Resources.
May 10, 1989
Hearing: Senate Committee on Labor and Human Resources.
May 14, 1989
NCIL organizes march on the White House.
May 16, 1989
Hearing: Senate Committee on Labor and Human Resources.
June 15, 1989
Congressman Tony Coelho resigns from the House of Representa
tives; Congressman Steny Hoyer assumes the role of managing the
bill.
June 22, 1989
Hearing: Senate Committee on Labor and Human Resources.
Attorney General Richard Thornburgh testifies for the Bush
adminis tration and commits to negotiations with the Senate to
develop a compromise bill.
June 23 to
July 31, 1989
Negotiations held between the Senate and the Bush administration.
July 18, 1989
Joint Hearing: House Subcommittees on Select Education and Em
ployment Opportunities.
August 2, 1989
Mark-up: Senate Committee on Labor and Human Resources; S. 933
reported to the Senate as amended.
President Bush endorses the ADA.
August 3, 1989
Hearing: House Subcommittee on Civil and Constitutional Rights.
August 28, 1989
Hearing: House Subcommittee on Select Education (Houston, Texas).
August 30, 1989
Committee report filed: Senate Committee on Labor and Human
Resources.
September 7, 1989
Senate floor deliberations; Senate passes S. 933, 76 to 8.
September 13, 1989
Joint Hearing: House Subcommittees on Select Education and Em
ployment Opportunities.
September 20, 1989
Hearing: House Subcommittee on Surface Transportation.
September 26, 1989
Hearing: House Subcommittee on Surface Transportation.
September 27, 1989
Hearing: House Subcommittee on Telecommunications and Finance.
September 28, 1989
Hearing: House Subcommittee on Transportation and Hazardous
Materials.
October 6, 1989
Hearing: Subcommittee on Select Education (Indianapolis,
Indiana).
October 11, 1989
Hearing: Subcommittee on Civil and Constitutional Rights.
October 12, 1989
Hearing: House Subcommittee on Civil and Constitutional Rights.
Mark-up: House Subcommittee on Telecommunications and Finance;
H.R. 2273 reported to the House Committee on Energy and Com merce
as amended.
Attorney General Richard Thornburgh reaffirms commitment of Bush
administration to passing the ADA.
November 9, 1989
Mark-up: House Committee on Education and Labor.
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