William & Mary Law School; Harvard Law School
Michael Evan Waterstone
Loyola Law School Los Angeles
April 9, 2009
Northwestern University Law Review, Vol. 102, 2008
William & Mary Law School Research Paper No. 09-08
The narrative of Donald Perkl's employment discrimination experience involves two tightly linked threads. First, is the overt bigotry animating Creasy's statement that Perkl was inherently inferior and undeserving of equal treatment. This form of prejudice drives Mark C. Weber's powerful book, Disability Harassment. Second, is the equally harmful preconception that influenced Chuck E. Cheese's contention that people with cognitive disabilities cannot feel emotional anguish; and by implication, that the legal and social standing of people with disabilities are not the same as that of other citizens.
This second theme of unconscious prejudice animates the field of antidiscrimination law, but is an area less explored in Weber's latest book. We therefore address invidious unconscious discrimination in this Review Essay by making the case for why people with psycho-social (also called, mental) disabilities, who are largely considered to be among the most stigmatized individuals, should and can be integrated into the workplace. In doing so, our assertions go beyond legal protections to argue that occupationally integrating individuals with mental disabilities is also beneficial for their co-workers without disabilities.
Number of Pages in PDF File: 32Accepted Paper Series
Date posted: April 26, 2009
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