Guest: John Wodatch, Former Chief of the Disability Rights Section, Civil Rights Division, United States Department of Justice
Host: Peter Blanck, Ph.D., J.D., Chairman, Burton Blatt Institute, University Professor, Syracuse University
Recording Date: April 27, 2022
Archive: A Conversation with John Wodatch – Part 1 | A Conversation with John Wodatch – Part 2
Contents
- About the 504@50 Podcast Series
- About These Episodes
- Understanding Civil Rights
- Civil Rights Act of 1964
- Legal Ideas and Concepts
- U.S. Supreme Court Decisions on Civil Rights Discussed in These Episodes
About the 504@50 Podcast Series
504@50 is a special interview series created in recognition of the 50th anniversary of the signing of the Rehabilitation Act of 1973. In the series, we speak with leaders of the disability rights movement who advance the cause of equal rights through their tireless work.
The 504@50 Series is produced by the Southeast ADA Center, the Burton Blatt Institute at Syracuse University and in collaboration with the Disability Inclusive Employment Policy Rehabilitation Research and Training Center. Check out the Section 504@50 website at section504at50.org
About These Episodes
John Wodatch, a nationally recognized civil rights attorney specializing in the rights of persons with disabilities, with over 40 years of experience in the federal government, joins Dr. Peter Blanck to discuss how and why Section 504 of the Rehabilitation Act became a law and the nationwide recognition that disabled people deserve equal rights. He reflects on the impact of the law and its timing, coming at about the same time as the Independent Living movement of the 1970s. He discusses how Section 504 built upon the Civil Rights Act of 1964 and advanced disability rights in critical and important ways. Mr. Wodatch discusses the ongoing debate surrounding Section 504 and looks at several court decisions. He explains the fundamental principles behind the law and how it is the legal foundation that protects the rights of people with disabilities in the United States.
In part two, our guests continue their discussion of the evolution of disability rights in America. Picking up in the 1970s where he left off, Mr. Wodatch describes the pushback against Section 504 and how it was viewed as a threat to deregulation. He also talks about other legislation, such as the Education of All Handicapped Children Act, now known as the Individuals with Disabilities Education Act (IDEA). He describes the political debate that arose over disability rights in the context of the HIV and AIDS epidemic and critical court cases, including Alexander v. Choate in 1985, that also helped disability rights. Mr. Wodatch describes social changes that occurred partly because of the HIV and AIDS epidemic in the 1980s, saying that “although [Section] 504 was precedent-setting, important and foundational, it didn’t go far enough.” As Mr. Wodatch explains, policy makers first fought for a law that protected people with HIV and AIDS from discrimination and later for a law that addressed discrimination more broadly. This process eventually led to the passage of the Americans with Disabilities Act in 1990.
Understanding Civil Rights
- Video: Interview with John Wodatch: Retired Chief, Disability Rights Section, Civil Rights Division, U.S. Dept. of Justice [5:18 minutes]
John Wodatch – Retired Chief, Disability Rights Section, Civil Rights Division, U.S. Dept. of Justice – shares his thoughts on working with the ADA National Network since the passage of the ADA, the importance of National ADA Symposium, and trending issues in ADA implementation.
Source: Great Plains ADA Center during the 2013 National ADA Symposium in San Antonio, Texas
Link: youtube.com/watch?v=yCQLg65hvI0 - Books by Richard Scotch
Mr. Scotch has written or co-written three books about disability and civil rights.
Source: Bibliovault
Link: bibliovault.org/BV.titles.epl?tquery=Scotch%252C%2520Richard - U.S. Department of Health and Human Services (HHS) Historical Highlights
This page has a list of major events in HHS history and a list of the Secretaries of HHS/HEW. HHS is the nation’s principal agency for protecting our health and providing essential human services.
Source: U.S. Department of Health and Human Services (HHS)
Link: hhs.gov/about/historical-highlights/index.html - A Common Thread of Service: An Historical Guide to HEW
The Department of Health, Education, and Welfare (HEW) became the Department of Health and Human Services (HHS) on May 4, 1980.
Source: U.S. Department of Health and Human Services (HHS) (June 30, 1972)
Link: aspe.hhs.gov/reports/common-thread-service - Learn about Section 504 of the Rehabilitation Act
Source: Southeast ADA Center
Link: section504at50.org/resources - Understand Civil Rights for Individuals
Source: U.S. Department of Health and Human Services (HHS)
Link: hhs.gov/civil-rights/for-individuals/index.html - Civil Rights FAQs [Frequently Asked Questions]
Source: U.S. Department of Health and Human Services (HHS)
Link: hhs.gov/civil-rights/for-individuals/faqs/index.html - Office for Civil Rights (OCR)
You may file a complaint with the OCR for discrimination based on your disability against a State or local government health care or social services agency or against programs or activities that HHS directly operates or to which HHS provides federal financial assistance.
Source: U.S. Department of Health and Human Services (HHS)
Link: hhs.gov/ocr/index.html - General Civil Rights Information
Source: Find Law
Link: findlaw.com/civilrights.html - Basics of Disability Discrimination
Source: Find Law
Link: findlaw.com/civilrights/discrimination/disability-discrimination-basics.html - Disability Discrimination: U.S. Supreme Court Cases
Source: Find Law
Link: findlaw.com/civilrights/discrimination/disability-discrimination-u-s-supreme-court-cases.html - Guide to Disability Rights Laws
Source: U.S. Department of Justice (DOJ)
Link: ada.gov/resources/disability-rights-guide - Employment Laws: Disability & Discrimination
Source: U.S. Department of Labor (DOL)
Link: dol.gov/agencies/odep/publications/fact-sheets/employment-laws-disability-and-discrimination
Civil Rights Act of 1964
- Overview of Title IX of the Education Amendments of 1972
Source: U.S. Department of Health and Human Services (HHS)
Link: hhs.gov/civil-rights/for-individuals/sex-discrimination/title-ix-education-amendments/index.html - Overview of Civil Rights Requirements of Title VI
Source: U.S. Department of Health and Human Services (HHS)
Link: hhs.gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights-requirements/index.html - Title V of the Civil Rights Act of 1964: Establishment of Commission on Civil Rights
Source: Find Law
Link: findlaw.com/civilrights/enforcing-your-civil-rights/title-v-of-the-civil-rights-act-of-1964-establishment-of.html - Section 502 of the Rehabilitation Act of 1973
This section of the law established the U.S. Access Board and set out the Board’s responsibilities for ensuring Federal agency compliance with the Architectural Barriers Act (ABA) standards.
Source: U.S. Access Board
Link: access-board.gov/law/ra.html#:~:text=Section%20502%20lays%20out%20the,throughout%20all%20segments%20of%20society
Legal Ideas and Concepts
- Section 504 Podcasts Resources
Learn about your rights and understand the history and impact of this fundamental civil rights law.
Source: Southeast ADA Center
Link: section504at50.org/resources - Glossary of Terms
Definitions of legal terms including “fundamental alteration” and “undue burden.”
Source: Southeast ADA Center
Link: adasoutheast.org/glossary - A Comparison of ADA, IDEA, and Section 504
Source: Disability Rights Education & Defense Fund (DREDF)
Link: dredf.org/legal-advocacy/laws/a-comparison-of-ada-idea-and-section-504 - A Layperson’s Guide to Section 504
Source: Disability Rights Education & Defense Fund (DREDF) (1977)
Link: dredf.org/504-sit-in-20th-anniversary/a-laypersons-guide-to-section-504 - Section 501 of the Rehabilitation Act
Protects federal employees with disabilities from employment discrimination.
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Link: eeoc.gov/statutes/rehabilitation-act-1973 - Title VI of the Civil Rights Act of 1964
Source: U.S. Department of Health and Human Services (HHS)
Link: hhs.gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights-requirements/index.html - U.S. Constitution – Commerce Clause
Source: Cornell University Law School
Link: law.cornell.edu/wex/commerce_clause - U.S. Constitution – 14th Amendment
Source: Cornell University Law School
Link: law.cornell.edu/constitution/amendmentxiv - Justice Department Enforcement of the ADA
ADA cases handled by the Justice Department (2006 – June 2022)
Source: U.S. Department of Justice (DOJ)
Link: archive.ada.gov/enforce_current.htm - Justice Department Disability Rights Cases
Disability rights cases handled by the Justice Department (2021 – Present)
Source: U.S. Department of Justice (DOJ)
Link: justice.gov/crt/disability-rights-cases - Complaint: Justice Department ADA Case Against Greyhound Lines, Inc. | Consent Decree | Press Release (February 8, 2016)
Source: U.S. Department of Justice (DOJ)
Complaint: Link: archive.ada.gov/greyhound/greyhound_complaint.html
Consent Decree: Link: archive.ada.gov/greyhound/greyhound_cd.html
Press Release: justice.gov/opa/pr/greyhound-lines-resolve-americans-disabilities-violations
U.S. Supreme Court Decisions on Civil Rights Discussed in These Episodes
- Lau v. Nichols, 414 U.S. 563 (1974)
The Court determined that the school system’s failure to provide supplemental English language instruction to students of Chinese ancestry who spoke no English constituted a violation of the California Education Code and Section 601 of the Civil Rights Act of 1964 because it deprived those students of an opportunity to participate in the public education program.
Source: Oyez
Link: oyez.org/cases/1973/72-6520 - Southeastern Community College v. Davis – 442 U.S. 397 (1979)
The Court decided that the college did not violate Section 504 of the Rehabilitation Act of 1973 in denying a student with a hearing impairment admission to its nursing program. This case dealt with the concepts of nondiscrimination, undue burden, and fundamental alteration.
Source: Justia
Link: supreme.justia.com/cases/federal/us/442/397 - PGA Tour, Inc. v. Martin – 532 U.S. 661, 121 S. Ct. 1879 (2001)
The Court held that Title III of the ADA prohibits the Professional Golf Association Tour, Inc. (PGA) from denying Martin equal access to its tours on the basis of his disability and that allowing Martin to use a cart, despite the walking rule, is not a modification that would “fundamentally alter the nature” of the game.”
Source: Oyez
Link: oyez.org/cases/2000/00-24 - Southeastern Community College v. Davis – 442 U.S. 397 (1979)
The Court decided that the college did not violate Section 504 of the Rehabilitation Act of 1973 in denying a student with a hearing impairment admission to its nursing program. This case dealt with the concepts of nondiscrimination, undue burden, and fundamental alteration.
Source: Justia
Link: supreme.justia.com/cases/federal/us/442/397 - Alexander v. Choate, 469 U.S. 287 (1985)
Court’s Opinion: “In 1980, Tennessee proposed reducing the number of annual days of inpatient hospital care covered by its state Medicaid program. The question presented is whether the effect upon the handicapped that this reduction will have is cognizable under [Section] 504 of the Rehabilitation Act of 1973 or its implementing regulations. We hold that it is not.”
Source: Justia
Link: supreme.justia.com/cases/federal/us/469/287 - School [Board] of Nassau County v. Arline, 480 U.S. 273 (1987)
Court Opinion: “Section 504 of the Rehabilitation Act of 1973, 87 Stat. 394, as amended, 29 U.S.C. [Section] 794 (Act), prohibits a federally funded state program from discriminating against a handicapped individual solely by reason of his or her handicap. This case presents the questions whether a person afflicted with tuberculosis, a contagious disease, may be considered a ‘handicapped individual’ within the meaning of [Section] 504 of the Act, and, if so, whether such an individual is ‘otherwise qualified’ to teach elementary school.”
Source: Justia
Link: supreme.justia.com/cases/federal/us/480/273 - Bragdon v. Abbott, 524 U.S. 624 (1998)
This decision held that reproduction is a major life activity under the ADA and that HIV/AIDS infection is a disability under the ADA.
Source: Justia
Link: supreme.justia.com/cases/federal/us/524/624/#tab-opinion-1960382
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Visit the Section 504@50 website at: section504at50.org
The 504@50 Series is produced by the Southeast ADA Center, the Burton Blatt Institute at Syracuse University, and in collaboration with the Disability Inclusive Employment Policy Rehabilitation Research and Training Center.