Senator HARKIN. I want to recognize my former colleague from the House, an individual I worked very closely with for many years during the House, again an eloquent spokesman for the right of Americans with disabilities, Congressman Jeffords from Vermont. STATEMENT OF HON. JAMES M. JEFFORDS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF VERMONT Mr. JEFFORDS. Thank you very much, Mr. Chairman. As has been pointed out, individuals with disabilities have been denied for so long, services, jobs, housing, transportation, hotel rooms, a means to communicate, access to Government officials, voting polls, and yes, even restrooms. Such denials have been sustained, systematic and yes, tolerated. No more. With the introduction of the Americans With Disabilities Act of 1988 and this hearing, we begin in earnest to undo the remaining forms of discrimination against individuals with disabilities. I wish to commend the National Council on the Handicapped, my esteemed colleagues especially those here today, Mr. Justin Dart, and others for their untiring efforts to document the full range of discrimination experienced by persons with disabilities, thus creating a moral and practical foundation for the expectations reflected in the ADA. I am looking forward to the testimony of the witnesses here today. They represent a source of guidance and energy, a reflection of potential and determination, and the spirit of cooperation and partnership. They know what discrimination is and how to overcome it. They know what patience is and how to show it. They know what credibility is and how to judge it. Our family members, our friends and our neighbors with disabilities ask for one simple right, the right to control their own lives, to make choices and to choose. This will not happen until we eliminate all forms of discrimination. We continue the process of transforming the ADA into law. Its effects should not be judged in terms of cost, but rather realized potential; not be measured in terms of effort, but in increased productivity; and not be characterized as preferential treatment, but as reaffirmed human dignity. Starting today, we must work together to make the ADA a fact, not a gesture; reflected in practice, not promises; and grounded in commitment, not hope. I was elected in Congress in 1974 and I worked with my colleagues on many acts along these lines, the Education of all Handicapped Children Act, the Rehabilitation Act, especially to extend the protections under section 504 to people seeking services and jobs directly with the Federal Government, the Civil Rights Restoration Act, the Technology Related Assistance Act or Individuals with Disability Act of 1988, and now the ADA. Although our efforts reflect progress, we know from experience that comprehensive legislation takes great effort. As two of my distinguished figures have recently said, read my lips, the ADA will be enacted. Thank you. [Applause.] Senator HARKIN. I recognize our colleague from California, Congressman Martinez. STATEMENT OF HON. MATTHEW G. MARTINEZ, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. MARTINEZ. Senator Harkin, thank you very much. Let me start off by commending you and Congressman Owens for holding this hearing today on discrimination against disabled Americans. For too long, these 32 million Americans have been ignored and their civil rights have been denied. They represent the largest minority group in this Nation and it is time that the Congress listened and acted on their concerns. As chairman of the House Subcommittee on Employment Opportunities, I am proud of the great strides that the Rehabilitation Act has made in fighting employment discrimination, but it is not enough. While the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin by most employers, no similar protection is provided for disabled workers in the private sector. I believe the Americans With Disabilities Act would be a giant step in providing that protection. Each and every qualified American should have the right to work to the best of his or her ability and this legislation will ensure that right. Americans willing and capable of work should no longer be judged on their disability but rather on their abilities. Society and our Nation could benefit greatly from the integration of these individuals, not only into the work force but society as a whole. The ADA will give disabled Americans the right to have a full and productive life, a right which, in today's society, is often denied them. During the past two Congresses, the Subcommittee on Employment Opportunities has also held hearings on discrimination against disabled Americans. In fact, we had a very eloquent testimony given by the son of Senator Kennedy. It became evident during those hearings, and I am sure it will become evident today that society and Congress have begun a process of integration, but more needs to be done. I look forward to the testimony of the witnesses today. Senator Harkin, these are the individuals that know firsthand what it is like not to be given a fair and equal chance in the world based not on their ability, but on their disability. Thank you. [The prepared statement of Congressman Martinez follows:] OPENING STATEMENT OF CONGRESSMAN MATTHEW G. MARTINEZ SENATOR HARKIN AND CONGRESSMAN OWENS, I WANT TO COMMEND YOU FOR HOLDING THIS HEARING TODAY ON DISCRIMINATION AGAINST DISABLED AMERICANS. FOR TOO LONG, THESE 32 MILLION AMERICANS HAVE BEEN IGNORED AND THEIR CIVIL RIGHTS DENIED. THEY REPRESENT THE LARGEST MINORITY GROUP IN THIS NATION AND IT IS TIME THAT CONGRESS LISTENED AND ACTED ON THEIR CONCERNS. AS CHAIRMAN OF THE HOUSE SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES, I AM PROUD OF THE GREAT STRIDES THE REHABILITATION ACT HAS MADE IN FIGHTING EMPLOYMENT DISCRIMINATION AGAINST THE DISABLED AMONGST FEDERAL AGENCIES AND CONTRACTORS. HOWEVER, IT HAS NOT BEEN ENOUGH. WHILE THE CIVIL RIGHTS ACT OF 1964 PROHIBITS EMPLOYMENT DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN BY MOST EMPLOYERS, NO SIMILAR PROTECTION IS PROVIDED FOR DISABLED WORKERS IN THE PRIVATE SECTOR. I BELIEVE THE "AMERICANS WITH DISABILITIES ACT" WOULD BE A GIANT STEP IN PROVIDING THAT PROTECTION. EACH AND EVERY QUALIFIED AMERICAN SHOULD HAVE THE RIGHT TO WORK TO THE BEST OF HIS OR HER ABILITY AND THIS LEGISLATION WILL ENSURE THAT RIGHT. AMERICANS WILLING AND CAPABLE OF WORK SHOULD NO LONGER BE JUDGED ON THEIR DISABILITY BUT ON THEIR ABILITIES. SOCIETY AND OUR NATION COULD BENEFIT GREATLY FROM INTERGRATING THESE INDIVIDUALS, NOT ONLY INTO THE WORKFORCE, BUT SOCIETY AS A WHOLE. THE ADA WILL GIVE DISABLED AMERICANS THE RIGHT TO HAVE A FULL AND PRODUCTIVE LIFE, A RIGHT WHICH IN TODAY'S SOCIETY IS OFTEN DENIED TO THEM. DURING THE PAST TWO CONGRESSES, THE SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES HAS ALSO HELD HEARINGS ON DISCRIMINATION AGAINST DISABLED AMERICANS. WHAT HAS BECOME EVIDENT DURING THOSE HEARINGS, AND I AM SURE WILL BECOME EVIDENT TODAY, IS THAT SOCIETY AND CONGRESS HAVE BEGUN THE PROCESS OF INTERGRATION BUT MORE NEEDS TO BE DONE. I LOOK FORWARD TO THE TESTIMONY OF THE WITNESSES. THESE ARE THE INDIVIDUALS THAT KNOW FIRST HAND WHAT IT IS LIKE NOT TO BE GIVEN A FAIR AND EQUAL CHANCE IN THE WORLD, BASED MOT ON THEIR ABILITY, BUT ON THEIR DISABILITY. |