Editor(s)
Scott Burris, Sarah de Guia, Lance Gable, Donna E. Levin, Wendy E. Parmet, Nicolas P. Terry
Files
Download Full Text (240 KB)
Description
The COVID-19 pandemic has exposed and exacerbated significant inequities experienced by people with disabilities. It has also emphasized the value of legal protections against discrimination based on disability. The Americans with Disabilities Act was enacted 30 years ago to eliminate discrimination against people with disabilities and ensure equal opportunity across major areas of American life (ADA, 2008). Together with an earlier law, the Rehabilitation Act of 1973 (Rehabilitation Act, 2012), this landmark civil rights law impacts a broad range of issues raised by the COVID-19 pandemic and protects a large and growing number of Americans. This Chapter focuses on application of these laws to health care and employment during the pandemic. These laws are powerful tools to protect the rights and well-being of people with disabilities, but they require robust enforcement. Enforcing agencies have provided COVID-19- specific guidance on the application of the laws to health care and employment. Further action is needed, as unresolved legal questions, gaps in protections, lack of knowledge of and noncompliance with disability rights laws, and a lack of data limit the impact of these laws. Recommendations for policymakers to ensure COVID-19 responses respects the rights and wellbeing of people with disabilities include: robust 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
COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future
Publication Date
3-2021
Document Type
Book Chapter
Disciplines
Civil Rights and Discrimination | Disability Law | Health Law and Policy | Labor and Employment Law
Recommended Citation
Elizabeth Pendo,
Protecting the Rights and Wellbeing of People with Disabilities during the COVID-19 Pandemic, in
COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future
223
(Scott Burris, Sarah de Guia, Lance Gable, Donna E. Levin, Wendy E. Parmet, Nicolas P. Terry eds., 2021).
Available at:
https://digitalcommons.law.uw.edu/faculty-chapters/48
Included in
Civil Rights and Discrimination Commons, Disability Law Commons, Health Law and Policy Commons, Labor and Employment Law Commons