1026 East 36th Street
Baltimore, MD 21218
Phone: (410) 235-3073
Email: president@nfbmd.org
Preventing Discrimination on the Basis of Disability
The Problem
Discrimination on the basis of disability remains a frequent and recurring problem in Maryland. Persons with disabilities face discrimination in all aspects of life in part because Maryland’s laws provide inadequate protection.
Proposed Action
The Maryland General Assembly should strengthen the rights of persons with disabilities by enacting the Maryland Disability Rights and Accessibility Act.
Background
In society today, discrimination on the basis of blindness is still rampant despite the existence of the Americans with Disabilities Act, powers granted to The Maryland Human Relations Commission in Article 49B (Annotated Code of Maryland), and the Maryland White Cane Law which is included in the Human Rights Article (Annotated Code of Maryland). Although blind persons have made gains because of these laws, many barriers remain.
Blind persons still have extremely limited opportunities for gainful employment because job applications and testing procedures are still inaccessible. Seventy percent of the working age blind population remains unemployed or underemployed.
Blind persons also face many barriers when trying to participate in all aspects of community life. We continue to face housing discrimination and have problems gaining access to entertainment facilities and other public places. Commercial activities are extremely challenging for us because web sites and electronic kiosks are often inaccessible. Basic tasks such as buying groceries are extremely difficult because store managers refuse to provide adequate staff to assist blind persons in finding the items that we need. Blind persons have difficulty purchasing all types of items because businesses use inaccessible credit card and point of sale machines.
The enactment of the Maryland Disability Rights and Accessibility Act will help to reduce these barriers. As proposed, this legislation will grant “individuals with disabilities the right to the full and equal access to the services, benefits, accommodations, advantages, facilities and privileges provided to the public by a business establishment.”
Other states, including California, Massachusetts and New Jersey, have already enacted similar legislation. Disabled citizens of these states have greater opportunities to participate in community life and experience less discrimination. We know of no businesses that have failed because of this type of legislation. Indeed, we believe that removing barriers to discrimination increases business markets well beyond the cost of the removing these barriers. Protection of the rights of disabled persons is a win-win proposition for businesses.
The Maryland Disability Rights and Accessibility Act offers the following incentives and benefits:
- Greater Protection of Rights: This legislation gives a person with a disability the right to bring a civil action against an establishment who violates the act. This right will lead to a faster and more equitable solution to discrimination problems. Under current law, persons with disabilities who feel they have been discriminated against must seek an administrative remedy from entities such as the Maryland Human Relations Commission. Frequently, Commission personnel are unaware of the capabilities of blind person, so their decisions rarely favor blind plaintiffs. Obtaining administrative remedies is often a lengthy and arduous process that ends without a meaningful resolution of the problem.
- A Comprehensive Definition of a Business Establishment: This legislation will include a more comprehensive definition of a business establishment. “A business establishment means an entity or sole proprietorship engaged in providing goods, services, benefits, accommodations, advantages, facilities, and privileges of any kind, whether directly, via the Internet, electronic, telephonic, or other means.” This definition more accurately captures the type of discrimination that blind persons face today.
- Greater Incentives for Business Establishments to Eliminate Discriminatory Practices: If a disabled person wins his discrimination case in court, this legislation will permit the awarding of compensatory and/or punitive damages. This provision is necessary for business establishments to comply with the law.
- The Legislation Will Treat Business Establishments Fairly: The sole purpose of this legislation is to eliminate the barriers of discrimination faced by persons with disabilities in Maryland. According to this legislation, a business that has been notified of a violation has 90 days to correct the problem. No legal action against the business can occur within this 90-day period. Many businesses may be genuinely unaware of their responsibilities and will be willing to take corrective measures. This legislation is also reasonable because it clearly states that businesses do not have to provide personal devices or personal services.
Conclusion
Disabled citizens in Maryland should have the same opportunities to participate in all aspects of community life as non-disabled citizens have. The enactment of the disability rights and accessibility act will improve opportunities for people with disabilities. In the long run, this legislation will improve economic conditions in Maryland because more people will be participating in commercial activities. This legislation will bring Maryland closer to the goal of equal rights and equal opportunities for all of its citizens.