What Makes Disability Discrimination Wrong?

Law and Philosophy 40 (1):1-31 (2021)
  Copy   BIBTEX

Abstract

This paper concerns the question of what makes disability discrimination morally objectionable. When I refer to disability discrimination, I am focusing solely on a failure or denial of reasonable accommodations to a disabled person. I argue a failure to provide reasonable accommodations is wrong when and because it violates principles of relational equality. To do so, I examine four accounts of wrongful discrimination found in the literature and apply these theories to disability discrimination. I argue that all of these accounts leave us wanting because they have implausible implications or other limitations. I then defend my relational egalitarian theory of wrongful disability discrimination. I argue why principles of relational equality can explain the wrongness of failing to accommodate a disabled person. I will then illustrate how my account can identify plausible instances of disability discrimination while avoiding implausible implications. Finally, I discuss some further complications with my account while highlighting its benefits. Importantly, my argument can capture the distinctive wrongness of disability law and policy’s reasonable accommodation mandates.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,219

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Discrimination & Disrespect.Erin Beeghly - 2017 - In Kasper Lippert-Rasmussen (ed.), The Routledge Handbook of the Ethics of Discrimination. New York: Routledge. pp. 83 - 96.
Fairness and the Puzzle of Disability.Greg Bognar - 2018 - Theoria 84 (4):337-355.
Disability and Discrimination ‐ a UK Perspective.Jerzy Grzeda - 1994 - Business Ethics, the Environment and Responsibility 3 (3):145-147.
Disability and discrimination - a UK perspective.Jerzy Grzeda - 1994 - Business Ethics, the Environment and Responsibility 3 (3):145–147.
Making Sense of Discrimination.Re'em Segev - 2014 - Ratio Juris 27 (1):47-78.
Discrimination and Disrespect.Benjamin Eidelson - 2015 - Oxford, United Kingdom: Oxford University Press UK.
‘Total disability’ and the wrongness of killing.Adam Omelianchuk - 2015 - Journal of Medical Ethics 41 (8):661-662.

Analytics

Added to PP
2020-04-08

Downloads
128 (#137,536)

6 months
24 (#109,950)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Jeff Brown
University of Northern Colorado

Citations of this work

Bodily Rights in Personal Ventilators?Sean Aas & David Wasserman - 2021 - Journal of Applied Philosophy 39 (1):73-86.

Add more citations