Book contents
- Ableism at Work
- Cambridge Disability Law and Policy Series
- Ableism at Work
- Copyright page
- Contents
- Foreword
- Acknowledgements
- 1 Introduction
- 2 International Disability Norms at Work
- 3 The CRPD Committee, Ableism and Hierarchies of Impairment at Work
- 4 Hierarchies of Impairment at Work in the Regulation and Response to Sheltered Work
- 5 The Arbitrary Exclusion of Episodic and Psychosocial Disabilities from Legal Protection
- 6 Ability Apartheid at Work
- 7 Reasonable Accommodations in a Psychosocial Diverse Workplace
- 8 Using Occupational Safety and Health Laws to Promote Psychological Health at Work
- 9 Sanism and Ableism in the Law’s Response to Injured Workers
- 10 Advancing Psychosocial Diversity Using Contract and Unfair Dismissal Laws
- Index
5 - The Arbitrary Exclusion of Episodic and Psychosocial Disabilities from Legal Protection
The Duration Test Promoting Ableism at Work
Published online by Cambridge University Press: 06 August 2020
- Ableism at Work
- Cambridge Disability Law and Policy Series
- Ableism at Work
- Copyright page
- Contents
- Foreword
- Acknowledgements
- 1 Introduction
- 2 International Disability Norms at Work
- 3 The CRPD Committee, Ableism and Hierarchies of Impairment at Work
- 4 Hierarchies of Impairment at Work in the Regulation and Response to Sheltered Work
- 5 The Arbitrary Exclusion of Episodic and Psychosocial Disabilities from Legal Protection
- 6 Ability Apartheid at Work
- 7 Reasonable Accommodations in a Psychosocial Diverse Workplace
- 8 Using Occupational Safety and Health Laws to Promote Psychological Health at Work
- 9 Sanism and Ableism in the Law’s Response to Injured Workers
- 10 Advancing Psychosocial Diversity Using Contract and Unfair Dismissal Laws
- Index
Summary
This chapter will analyse how the duration test limits the capacity of persons experiencing episodic impairments from being defined as disabled for legal protections and support. Attribute-based remedial interventions target a particular group. Sorting society is challenging, especially when it is being applied across large populations with complex and varied experiences and needs. This chapter will analyse how some definitions of disability require that a medical condition is experienced for a particular duration of time before that condition will be regarded as a disability. When length of impairment is used in this fashion, the duration of a medical condition becomes an arbitrary factor that determines an entitlement to protection and support. This chapter concludes that the decision to leave persons with episodic disabilities without adequate protections and support is not based upon a medical assessment, cost to employers or adherence to international norms. Instead, the arbitrary decision to deploy duration tests is based upon a failure to conceptualise how ability diversity manifests.
- Type
- Chapter
- Information
- Ableism at WorkDisablement and Hierarchies of Impairment, pp. 81 - 101Publisher: Cambridge University PressPrint publication year: 2019