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The Stigma of Disabilities and the Americans with Disabilities Act

  • Michael Selmi
Chapter

Abstract

Recently, as I was waiting to board a plane, I heard the gate agent make the following announcement: “If you have a disability and need assistance, please come to the podium at this time.” I had never heard the boarding announcement stated in quite this way before, which seemed to require individuals to declare that they had a disability in order to board the plane earlier than other passengers. It sounded so odd to me and I wondered why the airline felt comfortable placing the requirement in the form of a disability. Surely, they would never have said, “If you are black … or if you are a woman, if you are gay,” or “If you are elderly,” even though the elderly often need boarding assistance. Why, I wondered, did they believe it was acceptable to label someone as disabled? I wanted to go to the podium to express my concern, but as Paul Miller (2007) has noted, I did not even have a vocabulary to express my displeasure. Unlike racism, sexism, homophobia, or ageism, there is no word to describe discriminatory attitudes based on disability. At the time, the best I could come up with was that the airline was being insensitive but that word felt wholly inadequate.

Keywords

Social Movement Affirmative Action Mental Health Issue Broad Definition Reasonable Accommodation 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Bagenstos, S. R. (2000). Subordination, stigma, & disability. Virginia Law Review, 86, 397–534.CrossRefGoogle Scholar
  2. Brown-Nagin, T. (2005). Elites, social movements, and the law: The case of affirmative action. Columbia Law Review, 105, 1436–1528.Google Scholar
  3. Cahill, S. E., & Eggleston, R. (1995). Reconsidering the stigma of physical disability: Wheelchair use and public kindness. The Sociological Quarterly, 36, 681–698.CrossRefGoogle Scholar
  4. Crossley, N. (2002). Making sense of social movements. London: Open University Press.Google Scholar
  5. Donohue, J. J. III, Stein, M., Becker, S., Griffin, C. L., Jr. (2008, October 10). Assessing post-ADA employment: Some econometric evidence and policy, unpublished manuscript dated, available at ssrn.com, abstract 1282307.Google Scholar
  6. Eskridge, W. N., Jr. (2001). Channeling: identity-based social movements and public law. University of Pennsylvania Law Review, 150, 419–525.CrossRefGoogle Scholar
  7. Eskridge, W. N., Jr. (2002). Some effects of identity-based social movements on constitutional law in the twentieth century. Michigan Law Review, 100, 2062–2407.CrossRefGoogle Scholar
  8. Goffman, E. (1963). Stigma: Notes on the management of spoiled identity. Englewood Cliffs, NJ: Prentice Hall.Google Scholar
  9. Harris Interative Poll. (2008, March). Available at http://www.harrisinteractive.com/news/allnewsbydate.asp?NewsID=1320.
  10. Hensel, W. F., & Jones, G. T. (2005). Bridging the physical-mental gap: An empirical look at the impact of mental illness stigma on ADA outcomes. Tennessee Law Review, 73, 47–78.Google Scholar
  11. Hubbard, A. (2001). The ADA, the workplace, and the myth of the ‘dangerously mentally ill’. U.C. Davis Law Review, 34, 849–928.Google Scholar
  12. Link, B. G., & Phelan, J. C. (2001). Conceptualizing stigma. Annual Review of Sociology, 27, 363–385.CrossRefGoogle Scholar
  13. McCann, M. W. (1994). Rights at work: Pay equity reform and the politics of legal mobilization. Chicago: University of Chicago Press.Google Scholar
  14. Mayerson, A.B. (1997). Restoring Regard for the “Regarded As” Prong: Giving Effect to Congressional Intent. Villanova Law Review, 42, p. 587Google Scholar
  15. Mental Health Parity Act Amendments. (2008). Part of the Emerging Economic Stabilization Act of 2008, Pub. L. No. 110–343, 122 Stat. 3765.Google Scholar
  16. Miller, P. S. (2007). Book review, reviewing Ruth Colker disability pendulum. The Journal of Legal Education, 47, 619.Google Scholar
  17. O’Brien, R. (2001). Crippled justice: The history of modern disability policy in the workplace. Chicago: University of Chicago Press.Google Scholar
  18. Post, R. C. (2003). Foreword: fashioning the legal constitution: culture, courts, and law. Harvard Law Review, 117, 4–112.CrossRefGoogle Scholar
  19. Scotch, R.K. (2001). From Good Will to Civil Rights: Transforming Federal Disability Policy (2nd ed.). Philadelphia: Temple University Press.Google Scholar
  20. Selmi, M. (2008). Interpreting the Americans with Disabilities Act: Why the supreme court rewrote the statute, and why congress did not care. George Washington Law Review, 76, 522–575.Google Scholar
  21. Shapiro, J. P. (1993). No pity: People with disabilities forging a new civil rights movement. New York: Crown.Google Scholar
  22. Shapiro, J. (1994). Disability policy and the media: A stealth civil rights movement bypasses the press and defies conventional wisdom. Policy Studies Journal, 22, 123–132.CrossRefGoogle Scholar
  23. Skrentny, J. (2002). The Minority Rights Revolution. Cambridge, Ma.: Belknap Press.Google Scholar
  24. Smart, L., & Wegner, D. M. (1999). Covering up what can’t be seen: Concealable stigma and mental control. Journal of Personality and Social Psychology, 77, 474–486.CrossRefPubMedGoogle Scholar
  25. Stein, M. A. (2004). Same struggle, different difference: ADA accommodations as antidiscrimination. University of Pennsylvania Law Review, 153, 579–673.CrossRefGoogle Scholar
  26. Switzer, J. V. (2003). Disabled rights: American policy and the fight for equality. Washington, DC: Georgetown University Press.Google Scholar
  27. Waterstone, M. (2005). The untold story of the rest of the Americans with Disabilities Act. Vanderbilt Law Review, 58, 1807–1883.Google Scholar

Copyright information

© Springer Science+Business Media, LLC 2011

Authors and Affiliations

  1. 1.George Washington University Law SchoolWashingtonUSA

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