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12 - The Privacy Problem in Disability Antidiscrimination Law

from Part IV - Equality, Expertise, and Access

Published online by Cambridge University Press:  08 April 2020

I. Glenn Cohen
Affiliation:
Harvard Law School, Massachusetts
Carmel Shachar
Affiliation:
Harvard Law School, Massachusetts
Anita Silvers
Affiliation:
San Francisco State University
Michael Ashley Stein
Affiliation:
Harvard Law School, Massachusetts
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Summary

Privacy and disability have an odd relationship. States, communities, and families, sometimes forcibly, have hidden people with disabilities from public view and engagement. In the shadow of a history of forced isolation and as a way of managing the stigma of disability, people with disabilities have, at times, rejected their public identity as disabled. While some people may explicitly deny disability identity for a host of legitimate reasons, more often, people with disabilities capable of “passing” choose to move in the world without disclosing their disability identity even when disclosure can lead to greater access to services, accommodations, or other benefits. At other times, people capable of passing who wish to disclose are discouraged and, at times, prevented from disclosing.

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Publisher: Cambridge University Press
Print publication year: 2020

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