Anti-discrimination laws enforce the idea that no one should be forced or encouraged to hide their race, gender, sexuality or other characteristics of their identity. So why is disability rights law the glaring exception? Other areas of anti-discrimination law have eschewed forms of enforced privacy about protected classes and, as a result, re-frame privacy norms as problematic, antigenic, and, at times, counter to structural reform goals. In contrast, disability rights law values privacy norms to preempt discrimination; in other words, if you never reveal the information, no one can discriminate against you because of that information. This Article argues that this is a mistake, and that to truly discard stigma and false notions of disability as synonymous with incapacity, we need to fundamentally challenge and re-conceive of how privacy applies to disability identity, legal status, the law’s remedial role and, in some settings, redesign legal interventions to incentivize publicity values.
Disability Law, Disability Rights, Privacy Law, Publicity, Americans With Disabilities Act, Anti-Discrimination Law, Equality Law, Civil Rights
University of Pennsylvania Law Review
Harris, Jasmine E., "Taking Disability Public" (2021). Faculty Scholarship at Penn Carey Law. 2743.
Civil Rights and Discrimination Commons, Disability Law Commons, Disability Studies Commons, Law and Society Commons, Privacy Law Commons
169 U. Pa. L. Rev. 1681 (2021)