Universal Design: Moving the Americans with Disabilities Act from Access to Inclusion

  • Hums M
  • Schmidt S
  • Novak A
  • et al.
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Abstract

The Americans with Disabilities Act (ADA) has greatly improved the lives of people with disabilities in the United States. Initially thought to primarily require removal of physical barriers, the ADA has consistently been applied broadly to encompass all aspect of entities' programs, services, and operations. As enti-ties endeavored to comply with the ADA, several useful management strategies have emerged, one of which is this concept of Universal Design (UD). Universal Design guides managers in meeting their legal obligations under the ADA and also creating a more fully inclusive environment for employees and customers. " Universal Design is a framework for the design of places, things, information, communication and policy to be usable by the widest range of people operating in the widest range of situations without special or separate design " (IHCD, 2015b). The authors explain the important relationships between ADA's legal mandate and Universal Design as a management strategy. " Accessibility is a mandate; universal design is a movement " (Knecht, 2015, para. 1). The civil rights movement of the 20th century produced radical changes in United States culture. New laws were enacted to protect citizens from discrimina-tion based on race, gender, age, and disability. Since its passage 25 years ago, the Americans with Disabilities Act (ADA) has greatly improved the lives of people with disabilities in the United States (ADA National Network, 2015). The purpose of the ADA, as stated in the legislation's preface, is to provide clear and consistent federal standards and enforcement for the " elimination of discrimination against individuals with disabilities " (42 U.S.C. 12101(b)(1)-(4)). The ADA provides comprehensive civil rights protections to individuals with disabilities. The breadth of the legislation is represented across the three primary titles governing employment (Title I), public agencies and public transportation (Title II), and public accommodations (Title III) (42 U.S.C. 12101, et seq.). Title III has had the most significant impact in the sport industry and will be the focus of the discussion and examples herein. Title III of the ADA prohibits discrimination

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Hums, M. A., Schmidt, S. H., Novak, A., & Wolff, E. A. (2016). Universal Design: Moving the Americans with Disabilities Act from Access to Inclusion. Journal of Legal Aspects of Sport, 26(1), 36–51. https://doi.org/10.1123/jlas.2015-0011

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