Are You a Victim of Ableism Discrimination in Massachusetts?

by | Jan 18, 2023 | Discrimination |

What is ABLEISM? Discrimination and social prejudice in favor of able-bodied people. Social habits, practices, regulations, laws, and institutions that operate under the assumption that disabled people are inherently less capable overall, less valuable in society, and / or should have less personal autonomy than is ordinarily granted to people of the same age.

Physical ableism is hate or discrimination based on physical disability. Sanism, or mental ableism, is discrimination based on mental health conditions and cognitive disabilities.

At the root of common myths and misunderstandings about mental health and mental illness is Ableism.

• Intentional or unintentional, rooted in belief that there is a correct way for bodies and minds to function and if a body or mind does not function in that way it must be broken or otherwise less than.
• Ableist language reinforces the idea that it’s okay to describe something bad by comparing it to physical, cognitive and mental differences or disabilities.
Ableism can be committed at a personal, institutional, or structural level:
• At a personal level can be insulting, derogatory language. It can also be using an accessible bathroom stall in a public restroom instead of a non-accessible stall when you don’t need it because then it is not available to the next person who comes in that does need it. It can be viewing a person with a disability as “inspirational” when they do typical things like work or have families.
• At an institutional or structural level, ableism is not being welcoming and inclusive to people with disabilities – for example, not having ASL interpreters or CART or other means of making meetings and trainings accessible to all or when there are physical barriers such as weather or other impediments which prevent wheelchairs and other mobility aids from access. When programs and activities are not designed so that participants with all kinds of disabilities can equally participate in them, with or without accommodations. Where buildings are not accessible to people who use wheelchairs or when building signs are not available in Braille.

Language Matters: guidelines about respectful and inclusive language:
There are no fixed rules about language describing disability, norms are evolving, and it can be complicated. Every person is unique in terms of preferences. The best approach is to ask someone how they prefer to be called or identified.

• Person First: puts a person before their diagnosis or disability
• Identity First: leads with a person’s diagnosis or disability

Jevon Okundaye, a self-advocate, who wrote a blog post about the pros and cons of person-first and identity-first language:
“There are some positive things about using person-first language… Since society tends to view the disability community as inferior, person-first language helps ensure that people with disabilities are treated with the same respect as people without disabilities. There are also some negative things about person-first language. For instance, this type of language treats having a disability like a disease or an illness. . . But people do not need to be cured of their disabilities.”
He goes on to talk about the pros and cons of using identity-first language: it “conveys a disability as being a permanent and important part of a person’s identity. The blind, Deaf, and autistic communities see their disabilities as being fundamental parts of who they are… The drawbacks to using identify-first language can be that it causes “people to think that a person’s disability completely defines who they are. . .problematic when “people’s views on disabilities are based solely on negative stereotypes, such as that autistic people lack empathy.”

Ableist Expressions and Better Choices
Common examples of ableist language are words like, “lame,” “dumb,” “retarded,” “blind,” “deaf,” “idiot,” “imbecile,’ “nuts,” “psycho,” and “spaz.” These terms can be associated with a person’s identity or their challenges, and because of that, can be interpreted as insulting or hurtful.
Rather than:
• “crazy” “insane” “psycho” unpredictable, confusing, unsettling, difficult
• “fell on deaf ears” oblivious, unsympathetic, unresponsive
• “lame” annoying, flat, bland
Some other ways to reframe common language to avoid harm and be more empowering and inclusive:
• Avoid terms like “suffering from” or “afflicted with” a mental illness or “wheelchair-bound” or “confined to a wheelchair”
• Use neutral or empowering expressions such as “has” or “lives with a mental health issue” or “uses a wheelchair for mobility”

How to• Identity First: leads with a person’s diagnosis or disability
Jevon Okundaye, a self-advocate, who wrote a blog post about the pros and cons of person-first and identity-first language:
“There are some positive things about using person-first language… Since society tends to view the disability community as inferior, person-first language helps ensure that people with disabilities are treated with the same respect as people without disabilities. There are also some negative things about person-first language. For instance, this type of language treats having a disability like a disease or an illness. . . But people do not need to be cured of their disabilities.”
He goes on to talk about the pros and cons of using identity-first language: it “conveys a disability as being a permanent and important part of a person’s identity. The blind, Deaf, and autistic communities see their disabilities as being fundamental parts of who they are… The drawbacks to using identify-first language can be that it causes “people to think that a person’s disability completely defines who they are. . .problematic when “people’s views on disabilities are based solely on negative stereotypes, such as that autistic people lack empathy.”

Disability is part of the human experience, not something to be fixed. A disabled person does not need to be fixed, instead our institutional and structural barriers to access and full inclusion need to be fixed.

Should you be experiencing ableism discrimination in your workplace, at your doctor’s office or a place of public accommodation, contact the Law Offices of Renee Lazar at 978-844-4095 to discuss your concerns.

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