Inclusion of People with Disability in Society Paper

Applied Final Project

For this assignment, write a paper that involves either extensive interviews with a person with a disability or an application of the principles of this course to at least two current events involving disability and/or people with disabilities. In this paper, you will integrate information from readings and what they learn from the interviews or additional readings. The paper will synthesize academic material with the experiences of a person(s) with a disability. A brief proposal for final project that provides the subject to be discussed, or the person to be interviewed or the books to be utilized and including some the references that will be cited in-text (see attached labeled “Proposal for Applied Final Project”);

Comments and feedback about the Proposal: “Be sure to this is a good proposal and a good title. The references will support your paper very well but you should also to add some of the modules we discussed in class that are relevant to the title. Ex. social model of disability, UD, and ADA, etc.”

ADA and Rehabilitation Act Compliance and Other Disability Related Laws comprises public domain material from
the Office of Disability Employment Policy, U.S. Department of Labor.
ADA and Rehabilitation Act Compliance
and Other Disability Related Laws
ADA AND REHABILITATION ACT
Americans with Disabilities Act (ADA)
The ADA gives civil rights protections to individuals with disabilities similar to those provided to
individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal
opportunity for individuals with disabilities in employment, State and local government services, public
accommodations, transportation, and telecommunications.
Rehabilitation Act of 1973
The Rehabilitation Act mandates non-discrimination by the federal government in its hiring and requires
affirmative action, insures accessibility of buildings constructed with federal funds, mandates nondiscrimination and affirmative action by federal contractors, prohibits discrimination in programs and
activities, and requires standards for electronic and information technology.
OTHER
Age Discrimination in Employment Act (ADEA)
The ADEA protects individuals who are 40 years of age or older from employment discrimination based
on age. The ADEA’s protections apply to both employees and job applicants. The ADEA permits
employers to favor older workers based on age even when doing so adversely affects a younger worker
who is 40 or older. It is also unlawful to retaliate against an individual for opposing employment
practices that discriminate based on age or for filing an age discrimination charge, testifying, or
participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies
to employers with 20 or more employees, including state and local governments. It also applies to
employment agencies and labor organizations, as well as to the federal government.
Fair Housing Act (FHA)
The FHA prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial
status, and national origin. Its coverage includes private housing, housing that receives Federal financial
assistance, and State and local government housing. It also requires owners of housing facilities to make
reasonable exceptions in their policies and operations to afford people with disabilities equal housing
opportunities. For example, a landlord with a “no pets” policy may be required to grant an exception to
this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act
also requires landlords to allow tenants with disabilities to make reasonable access-related
modifications to their private living space, as well as to common use spaces. (The landlord is not
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required to pay for the changes.) The Act further requires that new multifamily housing with four or
more units be designed and built to allow access for persons with disabilities.
Fair Labor Standards Act (FLSA)
The FLSA’s basic requirements are payment of the minimum wage, overtime pay for time worked over
40 hours in a workweek, restrictions on the employment of children, and recordkeeping.
There are a number of employment practices that the FLSA does not regulate. For example, the FLSA
does not require (1) vacation, holiday, severance, or sick pay; (2) meal or rest periods, holidays off, or
vacations; (3) premium pay for weekend or holiday work; (4) pay raises or fringe benefits; (5) a discharge
notice, reason for discharge, or immediate payment of final wages to terminated employees; and (6) pay
stubs or “W-2’s. Also, the FLSA does not limit the number of hours in a day, or days in a week, an
employee may be required or scheduled to work, including overtime hours, if the employee is at least 16
years old. However, some states have laws covering some of these issues, such as meal or rest periods,
or discharge notices. For a list of state labor offices, visit http://www.dol.gov/whd/. For more
information regarding the FLSA, contact your nearest Wage and Hour District Office. To find your
nearest office, check your local telephone directory under U.S. Government, Department of Labor.
Family and Medical Leave Act (FMLA)
The FMLA requires private employers with 50 or more employees and public agencies including all state,
local, and federal government employers regardless of the number of employees, to provide covered
employees with up to 12 workweeks of unpaid, job-protected leave a year. It also requires these
employers to maintain group health benefits during the leave as if employees continued to work instead
of taking leave. To be covered by the FMLA, an employee must (1) have been employed by the employer
for at least 12 months, (2) have been employed for at least 1,250 hours of service during the 12-month
period immediately preceding the commencement of the leave, and (3) be employed at a worksite
where 50 or more employees are employed by the employer within 75 miles of that worksite.
Genetic Information Nondiscrimination Act of 2008 (GINA)
GINA includes two titles. Title I, which amends portions of the Employee Retirement Income Security Act
(ERISA), the Public Health Service Act, and the Internal Revenue Code, addresses the use of genetic
information in health insurance. Title II prohibits the use of genetic information in employment,
prohibits the intentional acquisition of genetic information about applicants and employees, and
imposes strict confidentiality requirements. GINA required the EEOC) to issue regulations implementing
Title II of the Act.
Individual with Disabilities Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with
disabilities throughout the nation. IDEA governs how states and public agencies provide early
intervention, special education and related services to more than 6.5 million eligible infants, toddlers,
children and youth with disabilities.
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Insurance Laws
Most insurance issues (including health insurance and short and long term disability) are regulated by
state laws. This includes information on federal laws related to insurance (COBRA, the Mental Health
Parity Act, and HIPAA). For information, contact your state insurance department. Contact your state
insurance department or check your local telephone directory under State Government, Insurance
Department.
Occupational Safety and Health Act (OSHA)
The OSHA requires employers to provide workplaces free from serious recognized hazards and to
comply with occupational safety and health standards. The Occupational Safety and Health
Administration (OSHA) enforces the Act.
One-Stop Centers and the Workforce Investment Act
Pregnancy Discrimination Act (PDA)
The PDA is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of
pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title
VII. Women affected by pregnancy or related conditions must be treated in the same manner as other
applicants or employees with similar abilities or limitations.
One-Stop Centers and the Workforce Investment Act
State and Local Discrimination Laws
Many states and localities have anti-discrimination laws similar to the ADA and agencies responsible for
enforcing those laws. These agencies are often called “Fair Employment Practices Agencies” (FEPAs). If
you file a complaint with a FEPA and you are also covered by the ADA, the FEPA “dual files” the
complaint with the EEOC to protect your federal rights. The FEPA will usually handle your complaint
after letting the EEOC know about it. If you file a complaint with the EEOC and you are also covered by
state or local law, EEOC dual files the complaint with your state or local FEPA, but usually handles the
complaint.
Telecommunications Act
Section 255 and Section 251(a)(2) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, require manufacturers of telecommunications equipment and
providers of telecommunications services to ensure that such equipment and services are accessible to
and usable by persons with disabilities, if readily achievable. These amendments ensure that people
with disabilities will have access to a broad range of products and services such as telephones, cell
phones, pagers, call-waiting, and operator services that were often inaccessible to many users with
disabilities.
Ticket to Work and Work Incentive Improvement Act
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The Ticket to Work Program provides most people receiving Social Security benefits (beneficiaries) more
choices for receiving employment services. Under this program, the Social Security Administration (SSA)
issues tickets to eligible beneficiaries who, in turn, may choose to assign those tickets to an Employment
Network (EN) of their choice to obtain employment services, vocational rehabilitation services, or other
support services necessary to achieve a vocational (work) goal. The EN, if they accept the ticket, will
coordinate and provide appropriate services to help the beneficiary find and maintain employment.
Title VII Civil Rights Act
Workers’ Compensation
WC laws help ensure that employees who are injured on the job receive compensation for their injuries,
without costly lawsuits. Each state has its own workers’ compensation statute. Federal statutes
generally only apply to federal employees.
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Week 3 — The Americans with Disabilities Act
Week 3 Discussion – Lecture Notes
The Americans with Disabilities Act (ADA) of 1990
Although there is a great information in your resource materials in the web-link at:
http://www.ada.gov/cguide.htm for learning about all the laws and policies that protect and
serve people with all types of disabilities, you will note that the passage of these laws follows the
disability rights timeline, and the Americans with Disabilities Act (ADA) of 1990 is the law to
focus on as a comprehensive civil rights law in favor of the disability community. Most
definitions of disability, including the often-borrowed legal definitions, are found in the ADA
legal language.
By now, you know from the historical timeline that the ADA was passed in 1990, this was
accomplished with persistent and effective advocacy of individuals with disabilities and their
supporters. The disability community celebrates the anniversary of the passage of the ADA each
year as a time on which to analyze how far the disability rights movement has come, and how
much work still needs to done. This information will introduce you to the ADA and will allow
you to conceptualize questions of your own. There are some additional links below, but the
www.ADA.gov page is really the best link to ADA information – the government does take
seriously the enforcement of this law, and has created both this web resource and an entire
federal agency, the U.S. Access Board at www.access-board.gov to monitor the law and its
compliance.
The following is a brief summary of the ADA and its Titles components:
Signed into law on July 26 1990, the Americans with Disabilities Act is a wide-ranging
legislation intended to make American society more accessible and inclusive to all people with
disabilities.
The ADA is divided into five titles:
1. Employment (Title I)
Business must provide reasonable accommodations to protect the rights of individuals with
disabilities in all aspects of employment. Possible changes may include restructuring jobs,
altering the layout of workstations, or modifying equipment. Employment aspects may include
the application process, hiring, wages, benefits, and all other aspects of employment. Medical
examinations are highly regulated.
2. Public Services (Title II)
Public services, which include state and local government instrumentalities, the National
Railroad Passenger Corporation, and other commuter authorities, cannot deny services to people
with disabilities participation in programs or activities which are available to people without
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disabilities. In addition, public transportation systems, such as public transit buses, must be
accessible to individuals with disabilities.
3. Public Accommodations (Title III)
All new construction and modifications must be accessible to individuals with disabilities. For
existing facilities, barriers to services must be removed if readily achievable. Public
accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as
well as privately owned transportation systems.
4. Telecommunications (Title IV)
Telecommunications companies offering telephone service to the general public must have
telephone relay service to individuals who use telecommunication devices for the deaf (TTYs) or
similar devices.
5. Miscellaneous (Title V)
Includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the
disabled or those attempting to aid people with disabilities in asserting their rights under the
ADA.
The ADA’s protection applies primarily, but not exclusively, to “disabled” individuals. An
individual is “disabled” if he or she meets at least any one of the following tests:
1.
2.
3.
He or she has a physical or mental impairment that substantially limits one
or more of his/her major life activities;
He or she has a record of such an impairment; or
He or she is regarded as having such impairment.
Other individuals who are protected in certain circumstances include 1) those, such as parents,
who have an association with an individual known to have a disability, and 2) those who are
coerced or subjected to retaliation for assisting people with disabilities in asserting their rights
under the ADA.
In reference to employment, while the employment provisions of the ADA apply to employers of
fifteen employees or more, its public accommodations provisions apply to all sizes of business,
regardless of the number of employees. State and local governments are covered regardless of
size and number of employees with or without disabilities they may have actively working.
Note: The above information was adapted from the Guide on Disability Laws & Policy (2016).
Prof. LWH
*****
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Week 4 – Lecture Notes: Designing for Disabilities
How important is Universal Design for Disability Studies and Disability History?
Designing for disabilities is universal. How difficult is it to open a jar without the full use of
one’s hands? How safe is it to step into the shower when one has arthritis or a knee injury or a
leg amputation? Is getting into a car always as simple as one-two-three, or could it take more
planning for someone with an injured back or spinal cord injury? Asking these kinds of
questions, and many more is part of a new and growing dimension of design. The trend in
making products and information more accessible to those with any kind of disability has
gathered creativity and momentum. Interestingly, seeking design solutions that meet the needs of
persons with disabilities results in a better overall design, benefitting both the able and disabled
individual.
New terminology has been coined to describe more inclusive design processes, including terms
such as accessible design, barrier-free design, and assistive technology. Designing for
disabilities and universal design are relatively new approaches that have emerged from these
terms models and describes the design elements of buildings, products, and environments that
allow for the broadest range of users and applications. Assistive Technology helps to minimize
limitations and enhance the abilities of the person.
Universal design (“UD”) of buildings, products, and technologies is not one of the most
recognized subjects today. However, when you come to the realization that UD is
the most revolutionary element of design presently that affects us all, you may start to pay
attention. Of course, there is no “one size fits all” or even “one size fits one” when it comes to
people living in the world. All of us have different abilities and limitations, and we all move
through the world with different levels of comprehension, emotion and backgrounds that allow a
uniquely human interpretation of the world around us. Understanding that this diversity is a
natural element of the human experience helps us to realize the coming importance of UD.
WHAT IS UNIVERSAL DESIGN?
Universal design is a way of designing physical and virtual spaces, and products and services, to
address the inherent diversity of people. It introduces flexibility, choice and accommodating
features to the world that we inhabit. Dr. Ron Mace, who was the founder of the Center for
Universal Design, envisioned UD as a basis for a more welcoming and usable world for all. Dr.
Mace first defined UD as an approach to design that allows for individual participation
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regardless of background. UD, when implemented well, therefore, provides the benefits of an
accessible world to all people; for example, people with and without disabilities. One classic
example of UD is the common curb cut. Initially installed to help people who use wheelchairs or
other mobility devices to effectively and equally navigate from street to sidewalk, these
unobtrusive bits of public design turn out to be as useful for parents with strollers and travelers
lugging wheeled suitcases and many other uses. Isn’t it amazing to think how much easier this
simple design approach, and so many others like it, have made in the lives of everyone!
WHY SHOULD WE All CARE ABOUT UNIVERSAL DESIGN?
Universal design increases usability, safety and health of environments, products and systems.
With attention focused on the changing demographics, differences in functional ability and
preferences are a growing part of the everyday life experience globally.
Additionally, that there are measurable economic and social benefits for everyone when
universal design is considered–women and men, elders and children, people with disabilities and
those without, people using different languages and from different cultures. Practicing UD
broadens markets and increases consumer satisfaction because it addresses differences and
preferences of all types. Never before in modern history and diversity have the civil and human
rights of all people—those with disabilities, older adults, and children—aligned so well with
fast-moving developments in inclusive UD. These developments are opening up unprecedented
opportunities for participation in society for all persons.
Communities and advocates have become involved and help promote the understanding and use
of UD in the design and development of buildings, products and environments to be useable by
all people, to the greatest extent possible, without the need for adaptation, retrofitting or
specialized design. This makes good social and business sense. There is a social consensus that
UD standards for commercial buildings are now helping corporations and government entities in
the creation of barrier-free facilities, and providing diverse users with access to commerce,
public services, entertainment and employment opportunities.
At its best, UD facilitates equal participation in society by all. However, the objectives of UD
will not be achieved by government mandates, standards promulgation and commercial
successes alone. Rather, fundamental advancement in inclusive UD derives from changing
attitudes and expectations about equal participation by all in society.
*******
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Institute for Human Centered Design
Dedicated to enhancing the experience of people of all ages and disabilities through excellence in design
Universal Design
What is Universal Design?
Universal Design (UD) 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. Most simply, Universal Design is humancentered design of everything with everyone in mind.
Universal Design is also called Inclusive Design, Design-for-All and Lifespan Design. It is not a
design style but an orientation to any design process that starts with a responsibility to the
experience of the user. It has a parallel in the green design movement that also offers a
framework for design problem-solving based on the core value of environmental responsibility.
Universal Design and green design are comfortably two sides of the same coin but at different
evolutionary stages. Green design focuses on environmental sustainability; Universal Design on
social sustainability.
It is important to note that the assumption that various terms – Universal, Inclusive, Design-forAll – generally have been considered synonyms. There is an increasing dialogue that questions
whether “Inclusive” and “Universal” are synonymous or different. The UN’s Ad Hoc Committee
developing a new Convention on the Human Rights of Persons with Disabilities is currently
grappling with choosing one or the other. The primary differentiation that is evolving has to do
with “Inclusive” being interpreted to be broader, to embrace diversity in social and economic
circumstances in addition to variation in age and ability. This is likely to become a more overt
dialogue in coming years. The UN’s Ad Hoc Committee can be expected to make a decision
within 2006 as its work concludes and moves toward acceptance and implementation.
Demographic shifts in the US and internationally were a primary catalyst to Universal Design.
Across the developed world and the evolving nations people live longer than at any other time in
human history. In the US, that averages 30 years more life than 100 years ago. Design is just
catching up to these demographic facts.
World Health Organization’s New Definition of Disability
The way disability is defined and understood has also changed in the last decade. Disability was
once assumed as a way to characterize a particular set of largely stable limitations. Now the
World Health Organization (WHO) has moved toward a new international classification system,
the International Classification of Functioning, Disability and Health (ICF 2001). It emphasizes
functional status over diagnoses. The new system is not just about people with traditionally
acknowledged disabilities diagnostically categorized but about all people. For the first time, the
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ICF also calls for the elimination of distinctions, explicitly or implicitly, between health
conditions that are ‘mental’ or ‘physical.’
The new ICF focuses on analyzing the relationship between capacity and performance. If
capacity is greater than performance then that gap should be addressed through both removing
barriers and identifying facilitators. The new WHO ICF specifically references Universal Design
as a central concept that can serve to identify facilitators that can benefit all people.
The WHO defines disability as a contextual variable, dynamic over time and in relation to
circumstances. One is more or less disabled based on the interaction between the person and the
individual, institutional and social environments. The ICF also acknowledges that the prevalence
of disability corresponds to social and economic status. The 2001 ICF provides a platform that
supports Universal Design as an international priority for reducing the experience of disability
and enhancing everyone’s experience and performance.
History of Universal Design
Perspective
The Institute for Human Centered Design’s two core convictions drive our perspective that
universal design must become intrinsic to good design now:
Design is powerful and profoundly influences our daily lives and our sense of confidence,
comfort, and control.
Variation in human ability is ordinary, not special, and, affects most of us for some part of our
lives. This is more true today than at any other time in human history.
Words are important but not more important than either concept or action. Whether the concept
is called universal design, inclusive design, design-for-all – or whether the designer has
integrated the concept without knowing a name – what matters is that the design anticipates the
reality of diversity in our bodies and our brains and builds in solutions. We use the term human
centered design for both its simplicity and breadth.
We see design as the work of “changing existing situations into preferred ones.” [Simon, 1967]
With that perspective, we focus our attention on places, things and communication but also on
policy and planning.
Lastly, in keeping with our conviction about the power of design, we believe that good design
must not only work for as many potential users as possible but must also enhance everyone’s
experience.
Introduction
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A worldwide movement promoting design as a support for independence and participation has
evolved in response to an expanding demographic and social reality: more people living with a
wide array of disabilities and chronic health conditions than ever before and the longest lifespans
in history. Universal Design is the design of products, environments, and communication to be
usable by all people, to the greatest extent possible, without adaptation or specialized design. The
concept is also called inclusive design, design-for-all, lifespan design or human-centered design.
The message is the same: if it works well for people across the spectrum of functional ability, it
works better for everyone.
Evolving Perspectives & Legal Requirements for Accessible Design
The evolution toward Universal Design began in the 1950s with a new attention to design for
people with disabilities. In Europe, Japan, and the United States, barrier-free design developed to
remove obstacles in the built environment for people with physical disabilities. It followed the
companion social policy of moving people with disabilities from institutional settings to the
community. Barrier-free design still tended to be segregated and special, pertinent to people with
serious physical limitations, primarily mobility impairments.
By the 1970s, parts of Europe and the United States were beginning to move beyond the
emphasis on special solutions tailored to individuals and toward the idea of normalization and
integration. Increasingly, the terminology of choice was accessible design. In the United States,
the disability rights movement taking shape in the mid-70s built upon the vision of civil rights
articulated in the 1964 Civil Rights Act for racial minorities. People speaking for themselves
argued for equality of opportunity and against paternalism and care-taking. For the first time,
design was recognized as a condition for achieving civil rights.
The legal standards used the term accessible design. Beginning with Section 504 of the
Rehabilitation Act of 1973, the United States initially confined parties responsible for accessible
design to those entities that received federal financial assistance.
The United States, led by the disability community, established the most expansive legal
requirements with the passage of The Americans with Disabilities Act in 1990. It substantially
exceeded the requirements of Section 504 of the Rehabilitation Act and derived most of its
language directly from the Civil Rights Act of 1964 with additional requirements for accessible
design. It substantially expanded the scope of responsible parties to include both public and
private entities regardless of whether they received federal funds. The Act’s Title II regulation
covers “public entities” including any state or local government and any of its departments,
agencies, or other instrumentalities. All activities, services, and programs of public entities are
covered, including activities of state legislatures and courts, schools, town meetings, police and
fire departments, motor vehicle licensing, and employment.
Even more dramatically, the ADA defined responsibilities of private entities and used the term
“place of public accommodation’ in its Title III. A public accommodation is a private entity that
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owns, operates, leases, or leases to, a place of public accommodation. Places of public
accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors”
offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care
centers. Private clubs and religious organizations are exempt from the ADA’s title III
requirements for public accommodations.
The ADA also established protections for people with disabilities in the workplace. It required
making existing facilities used by employees readily accessible to, and usable by, an individual
with a disability.
The ADA does not cover private housing. However, the Fair Housing Act of 1988 does include
specific accessibility requirements to ensure non-discrimination by people with disabilities in
multi-family housing. Accessible design requirements are primarily focused on design that meets
the needs of wheelchair users. The Fair Housing Act defines discrimination in housing against
persons with disabilities to include a failure “to design and construct” certain new multi-family
dwellings so that they are accessible to and usable by persons with disabilities.
The Fair Housing Act requires all newly constructed multi-family dwellings of four or more
units intended for first occupancy after March 13, 1991, to have certain features: an accessible
entrance on an accessible route, accessible common and public use areas, doors sufficiently wide
to accommodate wheelchairs, accessible routes into and through each dwelling, light switches,
electrical outlets, and thermostats in accessible location, reinforcements in bathroom walls to
accommodate grab bar installations, and usable kitchens and bathrooms configured so that a
wheelchair can maneuver about the space.
In the US and around the world, housing has been a primary emphasis of universal design
advocacy, research and implementation.
In 1998, the U.S. Congress affirmed the significance of the design of communication and
information technology as a means to equality and opportunity for people with disabilities when
it amended Section 508 of the Rehabilitation Act.
“The new standards provide technical criteria specific to various types of technologies and
performance-based requirements, which focus on the functional capabilities of covered
technologies. Specific criteria cover software applications and operating systems; web-based
information or applications; telecommunications functions; video or multi-media products; selfcontained, closed products such as information kiosks and transaction machines, and computers.
Also covered is compatibility with adaptive equipment people with disabilities commonly use for
information and communication access.
The requirements applied specifically to the federal government though some entities in the
public and private sector have adopted the requirements of Section 508 as policy. In deference to
the presumption that technology could be characterized by constant innovation, the 508
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standards for the first time used performance measures instead of fixed requirements. In the
initial performance measures, a primary concern was to create ICT products that would be usable
by persons who were blind and low-vision, especially those that used assistive technology.
Universal Design in information and communication technology has been another leading area of
focus for the international movement. As is true in other areas of design, Universal Design in
ICT has been more expansive than the legal requirements for accessibility both in terms of
considering a broader spectrum of users and promoting market opportunity and advantage rather
than focusing on meeting minimum requirements.
Limits of Legally Mandated Accessibility & Universal Design
Legally mandated requirements for accessible design, framed within a civil rights context,
provide a vital basis for autonomy and opportunity. Legal mandates are logical choices in
societies primarily governed by the rule of law. Effectiveness is contingent on establishing an
infrastructure of information and enforcement in order to ensure meaningful compliance.
Inevitably, the legal mandates establish a set of minimums, a floor.
Laws are an invaluable beginning but they are inherently limited. Legal design requirements for
accessibility tend to focus on the needs of people with mobility limitations, especially wheelchair
users, with some attention to people with vision limitations. There are benefits in those design
features for many other people but they miss the potential of design to facilitate independence,
participation or well-being by a broader spectrum including people with most disabilities related
to the brain or to environmental health.
Design details can substantially reduce the impact of the spectrum of limitations common to
aging but legally required accessibility contributes minimally to that potential. Legal mandates
and minimum requirements are almost guaranteed to result in “just tell me what I have to do”
attitudes by covered parties that miss the potential and power of design as a social art that shapes
everyone’s daily experience and sense of self.
Even in countries such as the United States, with the broadest set of legal mandates, most private
homes and all consumer products, except those covered under Section 508, are excluded. In
order to make design as potent a tool of social equity as possible, it is important to be clear about
the benefits and limits of legal mandates for accessibility. The task of overcoming the barriers of
design can evolve to a vision of design as a facilitator of human opportunity only if it is reframed
in design education and in practice, in the advocacy of the people most impacted by its potential
and embedded in public and development policy.
The Evolving Vision
For the first time, in the 1970s, an American architect, Michael Bednar, introduced the idea that
everyone’s functional capacity is enhanced when environmental barriers are removed. He
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suggested that a new concept beyond accessibility was needed that would be broader and more
“universal.”
A number of trends converged in the 1980s. People with disabilities had organized themselves in
many nations to be appropriately termed the “disability community” and able to articulate shared
perspectives. They were increasingly concerned about an evolving dichotomy of “us” and “them”
that rested on false assumptions about disability being a rare and static condition. They noted the
unintended consequence that laws governing accessible design had reduced design to a set of
minimum requirements too often resulting in designs that were accessible but felt separate and
unequal. The laws offered invaluable protections but had the unintended consequence of
diminishing attention to the creative potential of design to enhance everyone’s experience
through design that anticipated human diversity and integrated solutions seamlessly.
In 1987, a group of Irish designers succeeded in getting a resolution passed at the World Design
Congress that designers everywhere should factor disability and aging into their work.
In the U.S., Ron Mace, an architect who had polio as a child and used a wheelchair and a
ventilator, started using the term Universal Design and figuring out how to define it in relation to
accessible design. He made the case that Universal Design is “not a new science, a style, or
unique in any way. It requires only an awareness of need and market and a commonsense
approach to making everything we design and produce usable by everyone to the greatest extent
possible.”
Ron, who died suddenly in 1998, recognized that the term universal was not ideal. It could be
interpreted to promise an impossible standard. No matter how committed the designer and how
attentive to anticipating all users, there would always be a small number of people for whom an
individual design just wouldn’t work. More accurately, Universal Design is an orientation to
design in which designers strive to incorporate features that make each design more universally
usable. Universal Design is broad and not tailored to the individual. Universal Design can
improve the usability for places and things for people who need assistive technology by creating
an interface that works seamlessly with the individualized solutions.
Interest in the concepts of Universal Design grew in the 1990s. There is little debate that the
most enthusiastic initial discipline within design was industrial design – a field of design almost
completely excluded from legal requirements for accessible design. Industrial designers assume
the validity of focusing on the needs and preferences of users and are more attuned to market
opportunity than other designers. Unlike the client-driven world of the architect or interior
designer, the industrial designer must appeal to the end user. The changed demographic of everincreasing user diversity established a clear, commonsense case for Universal Design.
Principles of Universal Design
1.
Equitable Use: The design does not disadvantage or stigmatize any group of users.
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2.
Flexibility in Use: The design accommodates a wide range of individual preferences and
abilities.
3.
Simple, Intuitive Use: Use of the design is easy to understand, regardless of the user’s
experience, knowledge, language skills, or current concentration level.
4.
Perceptible Information: The design communicates necessary information effectively to
the user, regardless of ambient conditions or the user’s sensory abilities.
5.
Tolerance for Error: The design minimizes hazards and the adverse consequences of
accidental or unintended actions.
6.
Low Physical Effort: The design can be used efficiently and comfortably, and with a
minimum of fatigue.
7.
Size and Space for Approach and Use: Appropriate size and space is provided for
approach, reach, manipulation, and use, regardless of the user’s body size, posture, or mobility.
********
Note: The document has been compiled by advocates of Universal Design in 1997. Collaborators are listed in
alphabetical order: Bettye Rose Connell, Mike Jones, Ron Mace, Jim Mueller, Abir Mullick, Elaine Ostroff, Jon
Sanford, Ed Steinfeld, Molly Story, Gregg Vanderheiden.
The Principles are copyrighted to the Center for Universal Design, School of Design, State University of North
Carolina at Raleigh [USA].
The Principles established a valuable language for explaining the characteristics of Universal Design. They are in
common use around the world, sometimes with slight modifications, primarily one or two principles grouped
together.
********
Selected Lectures
Glocalized Development Toward Universal Design, International Association for Univresal
Design (IAUD) International Conference, Tokyo, 11 November 2014.
Toward Tokyo 2020 Olympic & Paralympic Games, IAUD International Conference, Tokyo, 12
November 2014.
Demographics, Climate + Disaster: Universal Design as a Framework for 21st Century
Recovery, [Keynote], Fukushima PreConference, International Association for Universal Design,
Koyiyama, Fukushima, 10 November 2014.
A framework for designing for inclusion, The Little School public lecture, November 5, 2014
7
IHCD Perspective: Designers are critical to 21st century realities, Design Museum Boston, 22
October 2014.
Reframing Inclusion: A New Tool & Global Dialogue, The Inclusive Museum International
Conference, Los Angeles, Gene Autry Center, 4 August 2014
Reframing Inclusion: The NEA’s New Tool and Global Dialogue, American Alliance of
Museums Annual Conference, Seattle, May 20, 2014.
Wayfinding, the Ultimate Measure of Design as a Social Art, Design Exchange Boston, 11
October 2013.
Global Overview of Universal Design, [invited] B.U. School of Pubic Health, Boston, July 1,
2013.
The Future of the End User(s) [keynote] Design for Health, Boston Architectural College, June
14, 2013.
Physical Activity for All Abilities For a Socially Sustainable Fit City, [invited] Fit City
Conference (Boston Society of Architects, Harvard School of Public Health), Boston, May 6,
2013.
Design So Everyone Can Thrive [keynote] Well + Being Conference, Florida International
University, Miami, April 29, 2013.
Designing for 21st Century Bodies and Brains [all-school lecture], L’École de design Nantes
Atlantique, Nantes, France, February 15, 2013.
Inclusive Urban Design & US History of Accessibility & Universal Design, [Invited
presentations], UrbAccess, Paris, February 13 & 14, 2013.
Design and Inclusion, Open Society Foundation, Mental Health International Advisory
Committee Meeting, Zagreb, November 9, 2012.
Designing for 21st Century Bodies and Brains [all school lecture], Boston Architectural College,
Boston, November 1, 2012.
The Value of Interior Design (design as if people mattered) [keynote] Interior Design Educators
Council New England Conference, Beverly, Massachusetts, 18 October 2012.
The relationship of aesthetics and design factors to health & health quality related outcomes of
older adults, [invited] Workshop on Research Gaps and Opportunities for Exploring the
Relationship of the Arts to Health and Well-Being in Older Adults, National Academy of
Sciences, Washington, September 14, 2012
The Multi-Sensory City, [Invited] Urbaccess, Paris, January 19 & 20, 2012.
8
Design So Everyone Can Thrive, [keynote], American Society of Industrial Designers Annual
Conference, Boston, August 15, 2012.
Definition and Principles of Universal Design, [keynote], OBSERVATOIRE
INTERMINISTÉRIEL DE L’ACCESSIBILITE ET DE LA CONCEPTION UNIVERSELLE,
Paris, December 9, 2011.
Universal Design: A Global Snapshot, [keynote], III International Conference of the Government
of Moscow: Equal Rights – Equal Possibilities, June 30, 2011.
Leadership Intelligence for Interior Design in the 21st Century, [keynote] – Interior Design
Educators Council (IDEC) Annual Conference, Denver, March 17, 2011.
Perspective from US, Trends & Opportunities. [keynote], International Association for Universal
Design, Hamamatsu, Japan, November 2, 2010.
Universal Design Case Studies, [peer-reviewed session], American Association of Museums
Annual Conference Los Angeles, May 23, 2010.
Universal Design. . . Now and Next, [keynote] Metropolis Magazine & ASID N.Y. ELF Horace
Havemeyer III Lecture @ International Contemporary Furniture Fair, New York City, May 17,
2010.
Moving Universal Design Around the World, [invited public lecture] City of Singapore, March
23, 2010.
The Future of the Interior Design Profession, [panelist, public lecture by book editors with
selected chapter authors], New York School of Interior Design, New York, June 22, 2010.
The Case for Universal Design, [keynote] Leadership Exchange in Arts and Disability Annual
Conference, San Diego, August 27, 2010.
Ethics in Design, [invited] A Better World By Design conference, Providence, October 2, 2010.
Current IHCD Initiatives, Universal Design Case Studies & Access to Design Professions,
[invited] National Association of State Arts Councils, Austin, Texas. October 14, 2010.
Perspective from US, Trends & Opportunities, [keynote], International Association for Universal
Design, Hamamatsu, Japan 2010.
Universal Design in Cultural Facilities, [invited webinar for American Association of Museums
with Smithsonian Institution & National Park Service] October 27, 2010.
Law, Code, Guidelines & Beyond & How to Make a Friendly City, [invited lectures] Taiwanese
Institute of Urban Planning, Taipei, July 2009.
9
How Design Can Change Our Lives [invited panel] Silver Linings, Brown University,
Providence, February 26, 2009.
Promoting Accessibility in Design Education [invited panel] US Access Board Town Meeting,
Boston, May 28, 2009.
Social Sustainability [peer-reviewed panel], Greenbuild Annual Conference, Boston, November
19, 2008
Universal Design, A Global Perspective, [keynote] The Association of University Centers on
Disabilities (AUCD) Annual Meeting, Washington, DC, November 10, 2008.
Inclusive Design for Socially Sustainable Communities [invited panel] Rail-Volution annual
national conference, San Francisco, October 29, 2008.
Web-Based International Universal Design Case Study Collection, Conceptual Framework and
Initial Transportation Case Studies [keynote] Project ACTION International Transportation
Roundtable, Washington, D.C., September 29, 2008.
Designing for Life [keynote], State of Washington Annual Housing Conference, Tacoma,
Washington, September 16, 2008.
Inclusive Design, A Framework for Action [keynote] International Federation on Ageing 9TH
Global Conference on Ageing, Montreal, Canada, September 4, 2008
The Universal Library – Mind, Body and Soul [invited panel] American Library Association,
President’s Program, ASCLA, Anaheim, California, June 29, 2008.
Universal Design: An International Overview, [invited panel], National Council on Disability
Quarterly Meeting, Washington, D.C., November 29, 2007.
Human-Centered Worlds: The Next Frontier – Integrating Social Sustainability with Green
Design, [invited panel], Design for Life International Conference, Sarasota, Florida, November
6, 2007.
Bodies, Brains and the Evolving Vision of Social Sustainability, [invitational lecture],
Hampshire College Lecture Series, Amherst, Massachusetts, October 23, 2007.
Leadership in Action:Universal + Green Design for All [keynote partnered with Mayor Richard
Daley], City of Chicago & LaSalle Bank Symposium, Access Living, Chicago, October 16,
2007.
Design for Social Sustainability, An International Perspective, [invited lecture], Pryor
Leadership Seminar, Kansas City, Missouri, October 10, 2007.
10
Public Spaces & Multisensory Design, [invited panel], Metropolitan Museum, New York City,
September 28, 2007.
Universal Design: US and International Updates, Trends and Prospects [invited daylong
symposium], City of Seattle, August 22, 2007.
Inclusive Design & Expanding Horizons, [keynote], Washington State Department of
Transportation Annual Conference, Vancouver, Washington, August 20, 2007.
Adjusting to the “New” New England Labor Market Supply: Human Resource & Organizational
Strategies [invited lecture], Northeastern University & The New England Council, Northeastern
University, May 16, 2007.
Emerging Trends in Disability & Accessibility, [invited lecture] US Department of Justice &
Vera Institute Accessing Safety National Meeting, Providence, May 10, 2007.
Social Sustainability & the Role of Design, [all campus lecture], Smith College, Sponsored by
School of Engineering, Northampton, April 19, 2007
Reframing Universal Design (or, rethinking design itself) [keynote] Symposium on Inclusive
Design, New York School of Interior Design, New York City, April 1, 2007.
Building a Global Network & Knowledge Management, [invited lecture], UN Division for
Social Policy & Development Expert Group Meeting, New York City, February 21, 2007.
Design’s Next Chapter: Challenges & Strategies, [keynote], International Association for
Universal Design, Kyoto, Japan, October 23, 2006.
U.S. Stories and Strategies of Outdoor Places fit for People, [keynote], Public Parks/Keep Out,
Manchester, England, November 2003.
Bringing Universal Design Downtown, [Keynote], International Association for Universal
Design, Yokahama, Japan, 2002.
Note: Retrieved from: https://www.humancentereddesign.org/universal-design
Text
Adaptation
of UD documents and other materials by L, Wong Hernandez, UMUC
11
Week 4 — Designing for Disabilities Lecture Notes
Designing Needs of Persons with Disabilities: The Invisibles
Since the beginning of time, each individual birthed into this planet has undergone the
assessment of comparability criteria. This assessment leads to his hierarchical categorization in
the human pyramid, where several compartments outline the patterns of the social construct.
As awareness started sprouting a few decades ago, people have been pushing past social
boundaries to get included in the streamlined division that regards all people as human beings.
Inclusion, as in the name, has become the talk of the town. Take LGBTQ, women, minorities,
and especially the disability community; each is striving to get accepted by society. Also, they
have been making their place in their communities.
Their inability to fit the ‘ideal’ body norms leaves them behind in the race of life. However,
efforts have been made to address the needs of the persons with disabilities in every field,
especially in the built environment, technology, fashion, and the graphic design industry.
Neglected Needs of the Disabled in Design
According to article The Barriers to Inclusion in the Built Environment by Rob Imrie, he pointed
out the unanswered need for design structures among all industries for persons with various types
of disabilities residing in the urban community. Imrie further indicated that, the design of public
buildings and transportation excludes the physical and spatial needs of people with different
needs. This exclusion, however, represents neglect on the part of the individuals responsible for
the production of environmental, household items, and fashion industries designs.
It is not only the “concrete jungles” that fail to respond to the needs of the disabled; it is the
unavailability of accessible designing for disabilities. As many people acquire disabilities each
day, it was revealed that designing for accessibility lacks proper consideration when it comes to
living and sharing society with everyone. Studies about this important topic included a survey of
over 1,220 designers and their clients, which disclosed a lack of communication and the buildup
misunderstanding creating barriers for persons with disabilities. These barriers in turn, negatively
impacts the inclusion criteria set out for builders, engineers, and designers, among other creative
people.
As researched and reported, by disability-related organizations, designing for disabilities has
shown that the disability community was not part of the designing industries, due to the lack of
consideration by designing and marketing companies.
1
These factors, however, bring out the visual disparity which lies in between the designers and the
disability community, and hence, designing for disability remains an unanswered call that needs
improvement and consideration of the valuable marketing and purchasing power that persons
with disabilities have in society.
The Meaning of Accessibility and Universal Design
As the term accessibility has been mentioned before, one must wonder what it actually means. In
the context of designing, accessibility responds to the users’ needs and interaction with designed
products and items for public marketing and consumption. It should be useable and accessible to
all, irrespective of the individual’s personal, cultural, disability differences, and socioeconomic
status. Designing for disabilities and accessibility overlaps with the concept of Universal Design
(UD). Ron Mace the creator of the term ‘Universal Design’ was an architect, a person with a
physical disability and a wheelchair user, who advocated for universal design and accessibility in
every aspect of designing, building and crating to serve society.
Invisibles Shall No Longer Be Invisibles
As time goes by, responding to the needs of persons with disabilities has become a priority. We
must all move at the same pace if we need to progress forward. The illusionary hyperbole of
disability and accessibility need to be eliminated and a new, broad vision needs to arise that
allows creativity to flourish across all mediums and platforms in society.
Designs of any type and of any item or structure must be universal and must respond to the
priority needs of the disability community. Designers and individuals with disabilities can
contribute to making a world a better place for themselves and others. Thus, designing and
disability must go hand in hand. Everyone’s enthusiasm and willingness is all that counts to
make the invisibles visible again. Designing for disabilities is not a dream – it is a social trend.
******
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