Disabling Prejudice

32 Pages Posted: 26 Apr 2009

See all articles by Michael Ashley Stein

Michael Ashley Stein

Visiting Professor, Harvard Law School; University of Pretoria Faculty of Law, Centre for Human Rights

Michael Evan Waterstone

Loyola Law School Los Angeles; Northwestern University - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: April 9, 2009

Abstract

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.[1] Second, is the equally harmful preconception that influenced Chuck E. Cheese's contention that people with cognitive disabilities cannot feel emotional anguish;[2] 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,[3] 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.

Suggested Citation

Stein, Michael Ashley and Waterstone, Michael Evan, Disabling Prejudice (April 9, 2009). Northwestern University Law Review, Vol. 102, 2008, William & Mary Law School Research Paper No. 09-08, Available at SSRN: https://ssrn.com/abstract=1375664

Michael Ashley Stein (Contact Author)

Visiting Professor, Harvard Law School ( email )

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Michael Evan Waterstone

Loyola Law School Los Angeles ( email )

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Northwestern University - School of Law ( email )

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HOME PAGE: http://www.law.northwestern.edu/faculty/profiles/MichaelWaterstone/

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