Why Incorporate Disability Studies into Teaching Discrimination Law?

Those of us who teach employment discrimination law, particularly as a separate course or part of a course on employment law, are used to covering a broad range of legal models and issues pertaining to the protected classes under Title VII of the Civil Rights Act. The disparate treatment, disparate impact, and hostile environment models of discrimination apply broadly and are often discussed within a framework of feminist, critical race, or other perspectives. For example, I engage the class in a discussion of whether Title VII is color-blind or, indeed, if it makes sense to have a discrimination law that is color-blind. We engage in a discussion of racial identity status as distinct from, but related to, racial identity performance and what it means for Title VII to have difficulty protecting individuals on the basis of performance of racial identity. We also engage in similar discussions about the performative nature of gender identity, noting that gender identity is complicated because gays, lesbians, and transgenders lack explicit coverage on the basis of their sexual orientation or gender identity under Title VII but also noting that they may receive protection for nontraditional performance of gender itself. And, of course, we note that race and gender are not distinct issues but part of a more complex and