Lashing Back at the ADA Backlash: How the Americans with Disabilities Act Benefits Americans without Disabilities

Source: Michelle A. Travis, Tennessee Law Review, Vol. 76, Winter 2009

From the abstract:
This Article applies Professor Derrick Bell’s interest convergence hypothesis to the disability context. By identifying how the ADA benefits nondisabled workers, this Article challenges the notion that advancing equality for individuals with disabilities necessarily comes at the expense of the nondisabled workforce.

Identifying these benefits requires looking not just at the ADA’s text and case law, but also at the workplace practices that the statute has required, inspired, or incentivized, which sociologists in the new institutionalism tradition have shown is crucial in assessing a law’s impact. In taking an institutional approach, this Article demonstrates the variety of ways in which the ADA aligns the interests of workers with and without disabilities, rather than pitting them against each other in a zero-sum game, thereby giving all workers a stake in the ADA’s future.

Leave a Reply