Wrong on so many levels...
So nice to see you, too.
The law is not 'blanket' and you don't have to treat disabilities the same. In fact, the law is completely the opposite of that.. Its written to say offer something that fits the person's need... not 'do this for everyone'
I believe we have had this discussion before on this topic.
You are jumping to conclusions based on semantics. You seem familiar with the law but don't always seem to grasp the practicalities of how it is applied, which is what I generally have opinions on, and because of that you misunderstand the point I'm actually making. I can do my part to be more clear.
Yes, the ADA is a blanket law that was written almost exclusively with physical disabilities in mind. It applies to mental/developmental disabilities as well, by design - however, it was written at a time that frankly there were a lot less folks who were classified as having mental vs. physical needs.
I said nothing about the accommodations provided needing to be identical, quite the contrary, the point is, when the bill was being written in the late 1980's, "My kid can't stand in line" was not a symptom of a medically recognized disability in all but the rarest of cases (clinical mental retardation). "My wheelchair can't fit in the line" was what it was largely written for before most of these things it is now applying to even existed.
The reason this is such a hot-blooded issue is because we have gone from the term "disabilities" meaning "people with mobility issues" to a world where they are the minority in the "disabilities" community due to the simple fact that there are many more folks who have mental diagnosis that didn't even exist 30 years ago, let alone in such astounding numbers.
In the mid-1980's when the law was written, the amount of children diagnosed with some form of Autism was 1 in 2500. Today, it's 1 in 68.
Again, yes, before we argue the point, the law was written with terminology to cover all disabilities; however, the definition of disabilities has changed quite remarkably since then. Because the accommodations being requested today were not even thought of at the time, it's a far different impact than "reasonable accommodations" meaning making sure there were slopes on curbs to be able to get a wheelchair on, or a wheelchair/shorter entrance to a ride for folks who don't have full mobility which was what it meant at the time.
That's why I see it as a blanket law - because it treats all disabilities the same, when the terminology used in most of it was largely intended to cover external needs (a ramp, etc.), and when it comes to the large numbers of people now covered by the law who have completely internal needs, the same terminology can be grossly misapplied.
Second.. the lack of proof is not to protect privacy - it's to avoid discrimination. The standard is people should not be burdened to be included because the entire point of the law was to encourage inclusion by DEFAULT... not exception. They did not want people to be EXCLUDED at almost any cost.. and to require people to carry around stuff and PROVE they need something was contrary to the idea of inclusion by default.
Well, to be fair, it was included for multiple reasons, of course - like anything, but in practical use yes, privacy was certainly a concern. And the one that most affects this issue which is why I mentioned it, in addition to everything above. It was intended so someone didn't have to explain why they couldn't walk, just that they needed some type of accommodation because of it.
We are talking about this at all because mental/developmental disabilities are an almost completely subjective diagnosis, and because they are in such number now, and no one can require any evidence other than someone saying "my kid can't wait in line". Not only has there been an explosion on the number of children who may medically have that need, it's also very very easy to abuse because of it - which is why this is even an issue folks discuss.
The struggle is blanket solutions to specific problems... and there should be more defenses on the side of the business to say your need conflicts with the basic premises everyone complies with.
Well Zip-a-Dee-Doo-Dah, we agree on that!