Disability Harassment

Weber is addressing an important and under-examined issue in disability law. Fighting the insidious problem of disability-based harassment cries out for new legal approaches and Weber offers suggestions that are at once creative and quite practical. Importantly, he links legal approaches to necessary changes in societal attitudes toward people with disabilities, emphasizing the continuing need to integrate them fully into all aspects of society. He thoroughly marshals the relevant case law in educational, employment and related areas, writes exceedingly clearly, and documents his arguments impressively. He is truly the expert on disability harassment in both educational and employment settings, and this book allows that expertise to shine through.--Robert D. Dinerstein, Professor of Law, American UniversityWeber presents a rich and detailed understanding of disability harassment. His book is timely and important to the field, and covers the topic thoroughly.--Peter Blanck, Syracuse UniversityBuilding 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.

Mark C. Weber is Vincent de Paul Professor of Law at DePaul University in Chicago.