By Matt Dowell
Recently, I remotely attended a mask-optional, in-person meeting where campus leaders proudly proclaimed that DEI (diversity, equity, and inclusion) is my college’s “top priority.”
As a disabled faculty member who writes about disability access in higher education, I found myself considering how to make sense of such a statement — how seriously to take such statements, how much to care that such statements are being made.
By Marissa Wagner Mery
Long COVID exposes an often-unacknowledged facet of disability: that one is far more likely to develop a disability than be born with one.
Estimates suggest that, at present, approximately 10 – 20 million Americans are now afflicted with the array of debilitating symptoms we now call Long COVID, which include fatigue, shortness of breath, and cognitive dysfunction or “brain fog.”
The upswell of advocacy and awareness around Long COVID should be mobilized to call attention to and address the challenges faced by newly-disabled adults, particularly with respect to employment.
By Leslie Francis and Michael Ashley Stein
Like plaintiffs with other conditions lacking definitive physiological markers, long COVID plaintiffs seeking disability anti-discrimination law protections have confronted courts suspicious of their reports of symptoms and insistent on medical evidence in order for them to qualify as “disabled” and entitled to statutory protection.
We call this “physical reductionism” in disability determinations. Such physical reductionism is misguided for many reasons, including its failure to understand disability socially.
Ironically, these problems for plaintiffs may be traced to amendments to the Americans with Disabilities Act (ADA) that were intended to expand coverage for plaintiffs claiming disability discrimination. Three provisions of the Americans with Disabilities Act Amendments Act (ADAAA) are appearing especially problematic for long COVID patients in the courts.
By Jennifer Bard
One of the most persistently frustrating aspects of the Americans with Disabilities Act (ADA), as currently applied to schools and workplaces, is its emphasis on the eligibility of qualifying individuals for accommodation, rather than on population-based removal of barriers to participation.
This individualized approach has always been an uncomfortable fit, given the reality of changes in physical function throughout the lifespan, and is a particularly unsatisfying model for the collective threat of COVID-19, a novel virus that has not only caused at least a million deaths in the United States, but is likely to trigger a variety of disabling sequelae in many (perhaps most) of those who recover.
So far, however, there is mounting evidence that individuals who seek to protect themselves from infection with COVID-19 in school or in the workplace (very much including those who work in schools) are going to have to do based on their individual susceptibility to contracting COVID-19 or to being disproportionately affected by an infection.
By Scott J. Schweikart
The silver lining of the COVID-19 pandemic is that it has opened the door to new opportunities to improve our society. For example, office changes brought about by the pandemic — e.g., remote working or telecommuting — made life easier for many workers with disabilities. However, as more of the workforce begins returning to the office, there are notable examples of employers pushing back on the increased accommodations realized during the pandemic, indicating that some gains in accommodation will continue to be hard fought. In an effort to rid our society of harmful inequities, the struggle for these rights has important value.
By Christopher A. Riddle
Remote work meaningfully facilitates inclusion of people with disabilities in the labor market.
But, to truly fulfill its promise, employers must also take steps to ensure that remote work accommodations are not made at the expense of the employee, simply because their labor is conducted in their own home.
By Robyn Powell
The COVID-19 pandemic has highlighted the pervasive inequities experienced by historically marginalized communities, including people with disabilities.
Activists, legal professionals, scholars, and policymakers must critically examine the limitations of our current disability laws and policies, including the Americans with Disabilities Act (ADA), to elucidate why disabled people continue to endure these inequities, including those related to economic insecurity.
By Arlene S. Kanter
While the COVID-19 pandemic has taken an enormous toll on the nation, it has also opened an unprecedented opportunity to transform our workplaces and offer greater flexibility for employees with and without disabilities.
This shift in our workplace culture presents employment opportunities for disabled people that they may not have had in the past, even with the Americans with Disabilities Act (ADA).
By Katherine Macfarlane
Workplaces are, by and large, no longer safe for employees who are high-risk for serious illness or death from COVID-19.
During the early months of the COVID-19 pandemic, it was common for workplaces to require masks, at least in shared spaces. Two years later, though the pandemic is still ongoing, mask requirements are now far less prevalent as a result of the politicization of masks, so-called mask fatigue, and new guidance from the U.S. Centers for Disease Control and Prevention (CDC).
This move to relax masking rules presents significant dangers to those most vulnerable to severe outcomes from COVID-19. High-risk employees still need their co-workers to wear masks. They must now negotiate for safe workplaces in a social and political climate that is increasingly indifferent (or actively hostile) to their needs.
By Katherine Macfarlane
Disability discrimination negatively impacts the health of people with disabilities, yet disability law often overlooks discrimination’s health consequences. A health justice framework does not. It recognizes that discrimination impacts health, and then goes a step further, highlighting how legal systems are complicit in perpetuating health injustice. That wider lens better captures the lived experiences of those who experience discrimination, including people with disabilities.
My own work explores disability law’s insistence that disability be confirmed through medical examination. Without confirmation from a health care provider, disability does not exist, and reasonable accommodations need not be provided. A health justice framework has deepened my understanding of the harm those encounters impose. Identifying the full scope of the harm people with disabilities endure is the first step toward dismantling the systems that cause it.