Wednesday, June 26, 2013

Did He Do the Right Thing?


Another six months of Monica, have mercy; I don't care if it harelips the Governor. - Molly Ivins, Time.com
Stigma: Notes on the Management of Spoiled Identity - Erving Goffman
There's case law out there regarding people commenting and gesturing against race and religion. But ... there's nothing out there regarding disabilities. - Assistant City Prosecutor Jennifer Fitsimmons
This is the first of what are intended to be a series of examples of disability discrimination. The society which openly defames certain types of disability, as in the example from a national magazine at the top of this post, encourages shame. This "normal" society conditions the stigmatized to believe that they are in fact worse than other people and have no right to defend themselves.

This example, in which the person targeted did something to counteract the discrimination, may be atypical in that sense:
"Bill" is in his high school PE volleyball class. He experiences very little bullying as such in this school; on the other hand he sometimes overhears himself referred to as "doink-doink" and "bose-nose."
As he is about to serve, someone yells, "Serve the ball, doink-doink." Bill pauses and says, "What's my name?"
The heckler smirks.
Bill looks at the heckler and says, "What's my name?"
"Bill."
And Bill serves the ball.
Notes:

This could have turned out badly for "Bill." The other players could have piled on; for example, "Shut up and serve."
Or they could have expressed disapproval of the prejudiced heckler; for example, "Knock it off, Art."
Or the other players may have been giving Bill the chance to show that he could handle the situation.

How about the PE teacher? He was a public employee. He acted, or didn't act, in the name of the people of the school district. Would it have been better if he had said, "Art, see me in my office after the game"?

The above example shows characteristic elements of disability discrimination.
  1. A member of the stigmatized disabled.
  2. A malicious targeter.
  3. A person (teacher, host, leader, officer, etc.) in some sense responsible for public order.
  4. Bystanders, audience, witnesses.
It is probably evident that No. 2 is not uninvolved. But what about the rest?
Suppose that "Bill," instead of being the only disabled person in the game, was the only racial minority in the game; and that Art had used the n-word? If this had been a race discrimination incident rather than a disability discrimination incident, would we think it was OK for the teacher and the bystanders to stand by and do nothing?

Qui tacet contire videtur. He who stands by remains silent is seen to consent.

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