35 Years After the ADA: A New Frontier of Discrimination
As the United States marks the 35th anniversary of the Americans with Disabilities Act (ADA), attention is turning to a new frontier of discrimination — technology. While the ADA has significantly advanced civil rights for people with disabilities, emerging tools like artificial intelligence (AI) and algorithmic systems are presenting fresh challenges that threaten to undermine these hard-won gains.
Earlier this year, the ACLU and several organizations filed a lawsuit against tech companies Intuit and HireVue. The suit alleges that their AI-powered hiring software discriminated against a deaf employee, blocking her from a promotion due to her disability. This case is just one of several highlighting how new technologies can perpetuate or even exacerbate existing inequities.
Historic Advocacy and the ADA’s Legacy
In March 1990, a group of about 60 disabled activists staged the now-iconic “Capitol Crawl.” They abandoned their mobility aids and crawled up the steps of the U.S. Capitol to dramatize the inaccessibility of public spaces and the urgent need for legal protections. Their courageous protest helped pave the way for the ADA’s passage four months later.
The ADA outlawed discrimination based on disability in public accommodations, employment, transportation, and telecommunications. Over the decades, it has transformed American society, improving physical and digital accessibility. However, as new forms of technology emerge, advocates warn that these innovations can become tools of exclusion if not implemented thoughtfully.
New Technologies, Old Biases
Today, a majority of disabled people rely on technology to navigate daily life — from wheelchairs to screen readers and dictation software. Yet few are aware of the discriminatory risks posed by AI and algorithmic systems.
For example, researchers at the University of Washington found that AI resume-screening tools, including ChatGPT, often downgrade candidates whose resumes include disability-related awards or affiliations. Such biases can quietly filter out qualified applicants before they even get an interview.
Similarly, gamified assessments and personality tests — increasingly used by employers — may disadvantage disabled applicants. These tools often measure traits like reaction time or eye movement, which can be affected by a disability rather than an applicant’s job-related skills.
Educational Software and Student Discrimination
Technology is also reshaping education in ways that may not be inclusive. The Center for Democracy & Technology reports that over one-third of U.S. schools use remote proctoring software during exams. These systems monitor students via webcams and microphones to detect cheating. However, students exhibiting behaviors associated with disabilities — such as atypical eye movements — have been flagged or removed from exams, raising serious equity concerns.
Generative AI tools in educational settings also present challenges. Research shows that students with disabilities are disproportionately disciplined for using or being suspected of using such tools. Parents and special education teachers have noted higher-than-average disciplinary rates for these students, further exacerbating educational disparities.
When AI Erases Disabled Identities
The harms of AI discrimination go beyond hiring and education. Paralympian Jessica Smith recently asked an AI image generator to create a picture of her. The result showed her with two arms — erasing her disability altogether. “My disability is not something to hide or fix,” Smith said. “It is a part of my identity, my strength, and my story.”
Her experience underscores a troubling trend: technology that fails to represent disabled people accurately or respectfully. These digital erasures send a harmful message — that disability is something to be corrected or ignored.
The Path Forward: Awareness, Inclusion, and Advocacy
Despite these challenges, experts say the disability community is well-equipped to respond. The same strategies that led to the ADA — public awareness, inclusive policy-making, and grassroots organizing — can counter the discriminatory impacts of new technologies.
However, this work must be prioritized. As AI becomes more deeply embedded in society, the risks of exclusion grow. If left unchecked, these systems could undo decades of progress and reinforce structural inequities.
Technology must be designed with and for people with disabilities. Inclusive design practices, regular bias audits, and meaningful consultation with disabled communities can help ensure AI tools serve everyone fairly.
Continuing the Fight for Inclusion
Thirty-five years after the ADA, the disability rights movement remains as vital as ever. While the law continues to provide a strong foundation, it must evolve to meet the demands of a digital age. Technology should be a tool for empowerment — not a barrier to opportunity.
As a member of the so-called “ADA generation,” I reflect often on the sacrifices made by the activists who came before me. Their unwavering commitment laid the groundwork for a more inclusive world. Now, it’s our turn to ensure that technology does not become the new frontier of discrimination.
With vigilance and dedication, we can shape a future where disabled people are not only protected but celebrated — online, in the workplace, and everywhere in between.
This article is inspired by content from Original Source. It has been rephrased for originality. Images are credited to the original source.