Americans With Disabilities Act at 30

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Legend has it that a radical group of young disabled activists, known as the Rolling Quads, took to the streets of Berkeley, California, in the early 1970s to create, alongside their attendants, cut curb access for wheelchairs. They smashed existing curbs with sledgehammers and poured concrete ramps to create DIY cutaways on heavily traveled street corners in and around the UC Berkeley campus. Like all good legends, the details of the story are part fact and part fiction -- the myth of midnight commandos wielding hammers and concrete is probably a bit exaggerated -- but the folklore surrounding this spirited group of determined activists only helps solidify their reputation today as pioneers in the civil rights movement for people with disabilities.

Catalysts like the Rolling Quads (which included Ed Roberts and Hale Zukas) and many other disability rights advocates fought for legislation throughout the 1960s and 1970s that would protect the interests of people with disabilities in achieving equality, opportunity, justice, and inclusion. The efforts of these determined individuals led ultimately to the passage on the Americans with Disabilities Act on July 26, 1990.

Sunday marks the 30th anniversary of the signing of the Act, and in recognition of the occasion, the Harris County Law Library is providing a list of recommended resources that explore the history of disability rights in this country, the impact of the ADA during its first 30 years, and the ongoing role it plays in ensuring equal access for all people. Additional links of interest are included at the end.  

HISTORY

• Timeline of the Americans with Disabilities Act – ADA National Network

• The Americans with Disabilities Act: A Brief Overview — Job Accommodation Network

• The History of the Americans with Disabilities Act: A Movement Perspective – Disability Rights and Education Defense Fund

• Why I wrote the Americans with Disabilities Act by Robert L. Burgdorf Jr. -- Washington Post

FUTURE

• The ADA at 30: Beyond the Law’s Promise – New York Times

  • This series explores how the Americans With Disabilities Act has shaped modern life for people with disabilities in the 30 years since it was passed.

• ADA: The Next 30 Years of Disability Rights – Ford Foundation

VOICES

• Demystifying Disability – Call Your Girlfriend (Podcast)

  • Two writers who also both have physical disabilities describe the planning and preparation in their daily lives and provide resources for people without disabilities who want to learn more and grow as allies and friends.

• After 30 Years, How Has The ADA Helped You? – NPR

  • Morning Edition wants to collect stories from people within the disability community about how the legislation has impacted their lives — however generally or specifically. Stories could be used on air or online.

Does Privacy Still Exist Amid Coronavirus?

Amid the news of cities and states reopening, there also have been reports of closures. Some restaurants that had welcomed in-person dining have closed because an employee had tested positive for COVID-19. Bars and pubs, the ultimate watering holes for socializing and catching up with friends, have similarly shut their doors to the public once again. Despite the rising number of positive cases, none of these businesses is required to report any instances of employees who test positive for the disease. For instance, here in Texas, Governor Greg Abbott and the Strike Force to Open Texas have established a list of guidelines and minimum health protocols to which small businesses, such as restaurants, must adhere if they choose to reopen. No public reporting requirements are included in these checklists. Nevertheless, many restaurants throughout Texas and the rest of the country have opted to do so in an effort at transparency and general good business practice, seeking to assure the public that they value their loyalty and business but not at the sake of the health of their employees or their customers.

While restaurants and similarly situated businesses are not required to report COVID cases to the public, employers are still obligated to inform affected employees of their possible exposure to the virus. However, the employer must keep the identity of the infected employee confidential, as called for by the Americans With Disabilities Act (ADA). Although many people associate the ADA with prohibiting discrimination against individuals with disabilities in the workplace, the ADA also has privacy provisions that require employers covered by the ADA to keep all information about an employee’s illness confidential. In the case of COVID-19, employers are permitted to screen employees entering the workplace and may inquire about any symptoms identified by the CDC or public health officials associated with the disease. Such questions are deemed appropriate because of the severe health threat that the disease poses. Any information ascertained from the screening, though, must be kept confidential and stored in a file that is separate from the employee’s personnel file. Despite this confidentiality, employers are able to disclose the name of an infected employee to a public health agency.

Another law that protects individuals from public disclosure of health-related information is the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Under HIPAA, certain covered entities, typically healthcare providers and health plan insurers, cannot disclose protected health information without authorization from the individual. Nevertheless, there are situations when such information can be disclosed without prior consent for national priority purposes, including public health activities. According to a bulletin issued in March, the Secretary of the Department of Health and Human Services issued a limited waiver of certain sanctions and penalties associated with noncompliance with HIPAA’s Privacy Rule. However, even with the waiver, covered entities, such as hospitals, are able to share patient information with a public health authority and persons at risk. Disclosure of such information to the media or persons not associated with the patient’s care requires written authorization. One of the more recent high-profile cases alleging a potential HIPAA violation involved the disclosure of a positive COVID-19 test result for Dallas Cowboys star running back Ezekiel Elliott. Elliott took to Twitter, questioning whether such disclosure was a violation of HIPAA’s Privacy Rule. Maybe, maybe not. Remember that only healthcare professionals and other specified covered entities are held to the rules set out in HIPAA. In Elliot’s case, the media’s disclosure of the test results was not itself a violation of HIPAA, but the initial disclosure very well might have been.

Yes, even amid a global pandemic, privacy laws are still in place to protect individuals from the public disclosure of any health-related information. These laws present a challenge for businesses because employers are required to balance the protection of an infected employee’s privacy rights with the health and welfare of the possibly affected employees. Employers who still have questions can consult the CDC’s website, where it is has prepared some guidance for businesses and employers.