Home > West's Encyclopedia of American Law > Disability Discrimination

Approximately 43 million people in the United States are physically or mentally disabled. Like individuals of various races, religions, genders, and national origins, individuals with physical or mental limitations historically have faced discrimination in the forms of exclusion from mainstream society; intentional and unintentional SEGREGATION; unequal or inferior services, benefits, or activities; and screening criteria that do not correlate with actual ability. Legal commentators have noted that the discrimination against DISABLED PERSONS differs from other forms of discrimination in that a rational basis for treating members of other excluded groups differently rarely exists, whereas a person's disability might hinder his or her abilities and might provide a rational basis for different treatment. Thus, the mere fact that an individual with a disability is treated...