Handicap Law

30 Pages Posted: 6 Mar 2009

See all articles by Donald H. Stone

Donald H. Stone

University of Baltimore - School of Law

Date Written: Summer 1988

Abstract

Disabled persons represent approximately fifteen percent of the population of the United States, making this minority group one of the largest in American society. In Virginia, it is estimated that there are 750,000 disabled persons. Most of these people are dependent upon some form of governmental services ranging from state funded residential placement to more subtle accommodation such as a wheelchair ramp to provide access to public buildings. The degree to which handicapped citizens are integrated into the mainstream of society depends upon the availability of these services and the implementation of laws insuring access to them.

Despite the obvious need, the rights of disabled persons were not recognized by the courts and legislatures until the early 1970s. Prior to this, disabled persons had few resources to which to turn for assistance. Some may have received limited pension or disability coverage through their job, while welfare provided a meager subsistence for persons unable to work. State institutions existed for those requiring residential care, while those not requiring such care were forced to rely on their families for financial support. Many handicapped children were not educated in public schools. Even a simple trip to a public library or a museum was impossible for anyone in a wheelchair. In short, society had disenfranchised millions of persons who could otherwise be productive and contributing members, if accommodated.

The civil rights era of the sixties and early seventies generated new attitudes toward handicapped citizens. Large scale reform began when Congress passed the Rehabilitation Act of 1973, which marked the first in a number of laws creating rights for disabled persons. Although the resulting area of law that has emerged over the past fifteen years is still developing, the advancement of the rights of handicapped citizens has generated a wealth of statutory and case law nationwide.

The purpose of this survey is two-fold. First, the Survey is intended to provide the general practitioner with a very broad overview of federal and Virginia law addressing the rights of the disabled. Second, the Survey presents a thumbnail sketch of several recent trends and developments in the area of handicapped law.

Keywords: handicapped, disabled, legislation, Rehabilitation Act of 1973, legal rights

JEL Classification: K19, K39

Suggested Citation

Stone, Donald H., Handicap Law (Summer 1988). University of Richmond Law Review, Vol. 22, p. 637, 1988, Available at SSRN: https://ssrn.com/abstract=1349217

Donald H. Stone (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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