ENVIRONMENTAL & SOCIAL JUSTICE
can and can’t do.” It’s a different vision of what workplace fairness requires, and one that incorporates racial justice, she said, because people of color are often in lower paid jobs where the most rampant discrimination takes place. “We know that intersectional discrimination can really compound harms for women with disabilities, in particular Black women, who face just many more substantial barriers in work and in schools,” Chu said. ADA amendments in 2008 were particularly important on that front and came following a series of Supreme Court decisions that had narrowed the definition of disability under the ADA and were leading to more discrimination at work. There were cases of people with ep- ilepsy who were fired after having a seizure or people with diabetes who were being discriminated against at work, said Claudia Center, the legal director at the Disability Rights Education & Defense Fund, a national disability civil rights policy and law center. The amendments, which passed with bipartisan support and were signed into law by President George W. Bush, helped once again broaden the scope of what was considered a disability, speaking “to the progress that was made at the time that by 2008 there was such a greater understanding of the broad protections needed for people with a range of health conditions,” Center said. Newly covered under the amendments, for example, was post-traumatic stress disorder for do- mestic violence survivors, something that previously was “incredibly fraught” in court cases, Center said. “It just completely changed the landscape for domestic violence survivors,” Center said. Since, new laws that protect domestic violence survivors have been enacted. Robin Runge, the attorney who worked to draft the majority of domestic violence workplace protections that have gone into law in states since the mid-1990s, said she had to become an expert in the ADA so she could use it as the foundation for domestic violence sur - vivor workplace protections. The concepts of reasonable accommoda- tion and the interactive process, in particular, have been central to the latest wave of laws in several states. They require employers to provide reasonable accommodations to victims of domestic violence such as a lock on their door, a move away from a front desk job or a schedule change to comply with domestic violence shelter hours. Still, the ADA has not been perfect. There are limitations around the protections for caregivers of people with disabilities, aging isn’t covered and stigma has followed as definitions were broadened.
Around the HIV crisis, for example, Klein said he encountered people who didn’t want to be associated with having a disability because they had HIV. But what the ADA was able to do was start the long arc toward a reimagined workplace culture that recognizes workers’ full lives — conversations that are now central in labor strikes across the country and discourses over spending packages that see access to child care as an economic issue. “We are slowly — much more slowly than one might hope for — shifting as a culture to recognize that not only do workers have bodies, they have lives outside of work,” Martin said.
The 19th is an independent, nonprofit newsroom reporting on gender, politics and policy. Their goal is to empower those they serve — particularly women, women of color and the LGBTQ+ communi - ty — with the information, resourc- es and community they need to be equal participants in our democracy. Sign up for their daily newsletter . https://19thnews.org/ July is Disability Pride Month; during July 2023, The 19th highlight - ed some untold stories of women, women of color and LGBTQ+ people.
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