The Substantially Impaired Sex

Abstract

In making the case for increased attention to and expanded legal remedies for disabled women who experience labor market discrimination, this Article proceeds as follows: Part I reviews previous work on intersectional discrimination, which, heretofore, has focused almost exclusively on the experience of African-American women. Part II examines the EEOC data, which details the universe of ADA charges filed with the agency from 2000 to 2009. The EEOC data make clear how men's and women's disability charges differ, and the data also provide a great deal of evidence as to why men's and women's disability charges differ. Part III considers alternative hypotheses for the empirical findings in Part II, but ultimately concludes that women file more ADA charges than do men, because disabled women encounter more labor market discrimination than do men. Part IV evaluates the remedies available to disabled women.