Protection & Advocacy Inc.

Advancing the Rights of Californians with Disabilities

LEGISLATION & PUBLIC
INFORMATION UNIT

1029 J Street, Suite 150
Sacramento CA 95814
Telephone: (916) 497-0331
Fax: (916) 497-0813
www.pai-ca.org

PAI Policy on Discrimination

Adopted 4/22/1995

BACKGROUND

Historically society has tended to isolate and segregate individuals with disabilities, and despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.

Discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting and access to public services.

Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualifications standards and criteria, segregation, and relegation to lesser services, programs and activities, benefits, jobs, and other opportunities.

Individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to society.*

* The previous 4 paragraphs are from the Findings and Purposes of the Americans with Disabilities Act, 42 USC § 12101.

An equally relevant factor in regards to discrimination against individuals with disabilities is whether they are people of color or from non-Anglo ethnic communities.  The phrase "people of color" could be substituted in all the preceding paragraphs without diminishing their validity.  It would often be difficult to determine whether a person of color with a disability was discriminated against based more on race or ethnicity as opposed to disability.  In fact, people of color with disabilities face dual discrimination.  In addition, people of color will make up more than 50% of the population in California by the year 2000.

PRINCIPLES

PAI is committed to the elimination of discrimination against individuals with disabilities in all aspects of their daily lives.  PAI is committed to strengthening of civil rights protections for individuals with disabilities and to preventing the repeal or weakening of such laws.  The following principles are set forth to guide PAI staff in making legislative and policy decisions which affect the civil rights of individuals with disabilities:

Government:

Policies and practices of State and local governmental agencies should ensure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities who want to take advantage of state and local governmental programs and services.

Transportation:

Public and private transportation agencies must ensure that transportation services are accessible to and useable by individuals with disabilities.

Employment:

Public and private employers must treat qualified individuals with disabilities the same as it treats non-disabled individuals in hiring, advancement and all other terms, conditions and privileges of employment, and provide reasonable accommodations when necessary.

Public Accommodations:

Public accommodations, (such as hotels, restaurants, concert halls, grocery stores, banks, bus terminals, museums, colleges, day care centers, bowling alleys, etc.) must ensure that individuals with disabilities receive treatment in the provision of goods, services and all other privileges equal to that provided to the general public.

Access:

All public and private commercial buildings must be accessible to and useable by individuals with disabilities.

Modifications, Aids, & Services:

Public and private entities, (such as schools, universities, city recreation programs, doctor's offices, etc.) must provide program modifications, aids and services to individuals with disabilities who need them to participate in the programs and services offered or provided by the entity or necessary to enable persons with disabilities to take advantage of any other privileges offered by the entity.

Housing:

Individuals with disabilities are entitled to equal opportunities to both public and private housing in the community of their choice and to reasonable accommodations in housing when necessary.

Race and Cultural Competence:

People of color with disabilities are entitled to be free from discrimination and are entitled to receive culturally based services which address their unique cultural values and experiences.

Policy #1008.01

Adopted 4/22/1995