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Accommodation Discrimination

Macfarlane, Katherine, Accommodation Discrimination (August 15, 2022). 72 American University Law Review (forthcoming 2023) , Available at SSRN:

“Reasonable accommodations should be tools of equality yet can feel more like punishment than remedy. To receive accommodations, people with disabilities must disclose intimate details about their health. The accommodation process that follows disclosure is arduous, dissuading many people with disabilities who need accommodations from requesting them. Even if accommodations are granted, institutional enforcement is not guaranteed. Instead, the labor of implementing reasonable accommodations often falls to disabled people themselves. Accommodated people with disabilities also endure remarks about receiving “special” treatment for disabilities that are allegedly exaggerated or faked. Though people with disabilities may bring failure to accommodate claims when reasonable accommodations are denied, the law does not adequately protect them against the discrimination that occurs when accommodations are granted. This Article identifies experiences deeply familiar to people with disabilities to explore how rules intended to perpetuate equality foster discrimination. It focuses on reasonable accommodations in the workplace and higher education to highlight the mistreatment of accommodated people with disabilities.”

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