Editor(s)
Scott Burris, Sarah de Guia, Lance Gable, Donna E. Levin, Wendy E. Parmet, Nicolas P. Terry
Files
Download Full Text (214 KB)
Description
One in four Americans — a diverse group of 61 million people — experience some form of disability (Okoro, 2018). On average, people with disabilities experience significant disparities in education, employment, poverty, access to health care, food security, housing, transportation, and exposure to crime and domestic violence (Pendo & Iezzoni, 2019). Intersections with demographic characteristics such as race, ethnicity, gender, and LGBT status, may intensify certain inequities. For example, women with disability experience greater disparities in income, education, and employment (Nosek, 2016), and members of underserved racial and ethnic groups with disabilities experience greater disparities in health status and access to health care (Yee, et. al, 2016). These longstanding inequities are compounded by the COVID-19 pandemic and by governmental and private responses that discriminate on the basis of disability. Legal protections of people with disabilities are governed by two key federal laws: the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act (“Section 504” or “Rehabilitation Act”). Together, these laws ensure that people with disabilities have equal opportunities in employment, in state and local services and programs, and to goods and services. The broad reach of these laws impact a host of issues raised by the COVID-19 pandemic. Enforcing agencies have provided COVID-19-specific guidance on the application of the laws in health care and in employment. However, gaps in protections as well as widespread lack of knowledge of and noncompliance with the ADA and the Rehabilitation Act limit their impact. Recommendations include: continued enforcement of the laws; clear and current agency guidance on how to comply with the laws; education about the requirements of the laws, especially in health care settings; and improved data collection and reporting.
Title of Book
Assessing Legal Responses to COVID-19
Publication Date
8-1-2020
Document Type
Book Chapter
Disciplines
Civil Rights and Discrimination | Disability Law | Health Law and Policy
Recommended Citation
Elizabeth Pendo,
Protecting the Rights of People with Disabilities, in
Assessing Legal Responses to COVID-19
(Scott Burris, Sarah de Guia, Lance Gable, Donna E. Levin, Wendy E. Parmet, Nicolas P. Terry eds., 2020).
Available at:
https://digitalcommons.law.uw.edu/faculty-chapters/46
Included in
Civil Rights and Discrimination Commons, Disability Law Commons, Health Law and Policy Commons