Journal of Deaf Studies and Deaf Education Advance Access originally published online on September 7, 2007
The Journal of Deaf Studies and Deaf Education 2008 13(2):302; doi:10.1093/deafed/enm046
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Disability Harassment
Michigan State University
M. C. Weber (Ed.). (2007). Disability Harassment. New York, NY: New York University Press. 240 pages. Hardcover. $42.00.
Life is tough. It is no surprise that life can be even tougher if you have a disability. The surprise is that it is our, that is, nondisabled individuals, response to the presence of an individual with a disability in our midst that makes life so tough. The sense that the individual with disabilities should not be "here," that their presence makes us feel uncomfortable, and that we are "superior" and, therefore, have "power" over "them," creates a context where abuse not only occurs but also occurs frequently. This concept of unease and power represents a central theme of Mark Weber's text entitled Disability Harassment.
Disability Harassment provides a progression of well-documented, horrific stories of abuse that are experienced by both children and adults, by both individuals who were born with a disability and by individuals who became disabled. The stories are placed within the context of a complex analysis of case law in relation to the 1990 Americans with Disability Act, section 504 of the Rehabilitation Act, the Individuals with Disability Act, Title VIII, and even Common Law. Within that analysis the author reveals an inconsistent legal system that often fails to protect individuals with disabilities from a range of abuses that are difficult to comprehend.
The stories of abuse include a teacher who consistently ridicules a child with a disability in front of their peers; an aide who, while physically restraining a student with multiple disabilities, forces him to eat a food that he is both allergic to and that contains his own vomit; a supervisor in the work place who refuses to acknowledge the presence of an individual with HIV, or to shake their hand; and an individual with a back injury that was forced to work at a low table that caused further injury, while being mocked by their coworkers as stupid and lazy. These stories, drawn directly from court cases, are difficult to believe. This difficulty will be particularly acute for individuals who have spent their professional careers working to making a difference in the lives of individuals with disabilities. Disability Harassment opens our eyes to the "other" realities of disability.
Disability Harassment provides a detailed, complex, and interwoven series of arguments and legal strategies that can be used by lawyers to address the school and work-based abuses experienced by individuals with disabilities. Unfortunately, while the text may be very useful to lawyers, it may well be a very difficult "read" for anyone else. While the complex, legal style of the writing will negatively impact the number of individuals who read this text, the central themes of the work are critical for all, that is,
- Abuse of individuals with disability is not only a reality, it is pervasive.
- The more individuals are segregated and isolated, the more they will experience abuse.
- Instances of abuse are frequently associated with a sense of unease and "power" of the nondisabled over the disabled.
- Legal decisions in relation to instances of abuse are uncertain at best and, more frequently, inconsistent and unfair.
- Laws, legislation, and legal strategies to address instances of abuses as experienced by individuals who are disabled exist and must be pursued so that damages are awarded.
- The award of damages, combined with a reduction in isolation and an increase in education, will reduce instances of abuse.
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