Disability Harassment

Mark C. Weber

NYU Press, Mar 1, 2007 - Law - 219 pages

Building on the insights of both disability studies and civil rights scholars, Mark C. Weber frames his examination of disability harassment on the premise that disabled people are members of a minority group that must negotiate an artificial yet often damaging environment of physical and attitudinal barriers. The book considers courts’ approaches to the problem of disability harassment, particularly the application of an analogy to race and sex harassment and the development of legal remedies and policy reforms under the Americans with Disabilities Act (ADA).
While litigation under the ADA has addressed discrimination in public accommodations, employment, and education, Weber points out that the law has done little to combat disability harassment. He recommends that arguments based on unused provisions of the ADA should be developed and new legal remedies advanced to address the problem. Disability Harassment also draws on case law to explore special problems of harassment in the public schools, and closes with an appeal to judges and lawmakers for expanded legal protection against harassment.

Contents

• 1 Harassment Narratives: 1
• 2 Harassment Exclusion and Equality: 13
• 3 Comparisons to Race and Sex Harassment: 26
• 4 A New Approach to Legal Claims for Harassment in the Workplace and Other Settings: 43
• 5 Liability for Harassment in the Public Schools: 61
• 6 New Approaches to Liability for Harassmentin the Public Schools: 81
• 7 CommonLaw Remedies for Disability Harassment: 98
• 8 Constitutional Objections to Antiharassment Policies: 122
• 9 An Agenda for Legal and Social Change: 133
• Notes: 141
• Index: 213
• About the Author: 219

Popular passages

Page 19 - By definition. of course. we believe the person with a stigma is not quite human. On this assumption we exercise varieties of discrimination. through which we effectively. if often unthinkingly. reduce his life chances.‎

Page 18 - A regime of state-mandated segregation and degradation soon emerged that in its virulence and bigotry rivaled, and indeed paralleled, the worst excesses of Jim Crow.‎

About the author

Mark C. Weber is Vincent dePaul Professor of Law at DePaul University in Chicago. He is co-author of Special Education Law and Litigation Treatise and Special Education Law: Cases and Materials.

Bibliographic information

• Title: Disability Harassment
• Author: Mark C. Weber
• Publisher: NYU Press, 2007
• ISBN: 0814784682, 9780814784686
• Length: 219 pages
• Subjects: Law / Disability; Law / Discrimination