How Federal Law Made Us All Disabled
6 days ago
- #legal-reform
- #education-policy
- #disability-rights
- Increasing numbers of students, especially at elite universities, are identifying as 'disabled' to receive exam accommodations, with conditions like ADHD, anxiety, and depression being common diagnoses.
- The Americans with Disabilities Act (ADA) and its 2008 amendments expanded the definition of disability, leading to widespread accommodations, including extra test time, which some argue undermines fairness.
- Supreme Court cases like Sutton v. United Air Lines and Toyota v. Williams initially limited the scope of the ADA, but Congress overrode these decisions with the ADA Amendments Act, broadening disability definitions.
- The ADA Amendments Act removed considerations for mitigating measures (e.g., glasses for vision impairment) and expanded 'major life activities' to include learning, thinking, and working, making it easier to qualify as disabled.
- Critics argue that the system is being gamed, particularly by affluent students, while poor students with genuine disabilities still struggle to receive necessary accommodations.
- The lack of opposition to the ADA Amendments Act in 2008 highlights societal reluctance to challenge expansions of disability protections, even when they lead to absurd or unfair outcomes.
- The debate reflects broader issues with moral panics and societal pressures, where well-intentioned policies can be exploited or lead to unintended consequences.