Rachel Barkley on the ADA’s Promise at 35: A Progress Report and a Call to Action

On the 35th anniversary of the Americans with Disability Act, Able Americans Director Rachel Barkley reflects on where we are and where we still need to go. Her thoughts and her story are below.

This month marks the 35th anniversary of the Americans with Disabilities Act (ADA), a landmark piece of civil rights legislation that promised equality and opportunity for millions of Americans with disabilities.

When George H.W. Bush signed the ADA, he said, “It will ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard: independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream.”

While we celebrate the progress made, it’s crucial to acknowledge that the ADA’s promise remains unfulfilled for far too many.

I learned about many of these challenges firsthand when I became disabled at 30 years old. You can watch my story and others as a part of our Faces of the Disability Crisis videos.

Able Americans issued the “Able to Succeed” report to address the significant disparities that persist. The report identifies critical areas where policy reforms are urgently needed. The facts are stark:

• Economic Disparity: 25% of individuals with disabilities live in poverty, more than twice the rate of those without disabilities. This is unacceptable in a nation that values equality.
• Workforce Participation: Only 40.6% of people with disabilities participate in the workforce as of April 2024, nearly half the rate of their non-disabled counterparts. This represents a huge loss of potential and productivity.
• Access to Healthcare: People with disabilities often face life-altering shortages and inability to access proper care. A concerning number of physicians lack confidence in their ability to provide equitable care. “Quality-Adjusted Life Years” (QALYS) in healthcare decision-making can devalue the lives of people with disabilities by prioritizing the extension of “healthy” lives over those with disabilities.
• Threats to Life: Prenatal genetic testing is used to identify potential disabilities, such as Down syndrome, and this information leads to the termination of pregnancies. Physician-assisted suicide in 10 American states and DC can lead to pressure on people with disabilities to end their lives prematurely.
• Housing Inaccessibility: Less than 5% of housing nationwide is accessible for people with moderate mobility difficulties, and less than 1% is accessible for wheelchair users. This limits independence and perpetuates inequality.
• Barriers to Family Formation: Asset limitations and the potential loss of vital benefits, such as Medicaid, create disincentives for marriage. Social stigma and discriminatory custody laws further undermine the right to family life.

Rachel Barkley

These findings reveal systemic failures that demand immediate attention. We must move beyond mere compliance with the ADA and actively work to dismantle the barriers that prevent people with disabilities from achieving their full potential.

Able Americans stands ready to offer concrete, common-sense policy solutions, focusing on three key areas:

1. Addressing Inequality Under the Law and in Society: This includes strengthening protections against discrimination, safeguarding the right to life, and ensuring equal access to housing and travel.
2. Improving Access to Care: This involves reforming Medicaid, addressing caregiver shortages, increasing access to mental health services, and ensuring access to quality medical equipment.
3. Removing Barriers to Work and Independence: This requires addressing the high cost of living, reforming disability benefits, improving workplace accommodations, expanding access to education and training, and ensuring reliable transportation.

It’s time for policymakers at all levels to prioritize these reforms. We must re-evaluate existing programs, measure their effectiveness, and ensure they are truly empowering people with disabilities to live independent, fulfilling lives.

The ADA was a promise of equal opportunity and a level playing field for all. It’s our responsibility to ensure that promise is finally realized.