Ability, inability, disability, and antidiscrimination law

Abstract

In this article the new disability anti‐discrimination law in Sweden is considered. The underlying prejudice‐causes‐discrimination model is criticised. It is argued that the new law ‐ which makes unlawful to discriminate persons with disabilities by applying stereotypes in evaluating them as job applicants outlaws prejudiced behaviour on the part of employers as such, without connecting it with any outcome in employment opportunities. The disability anti‐discrimination law is elitist in so far as it only assists those disabled workers whose profile is rather congruous with the profile of non‐disabled employees. The law individualises a systemic problem; it makes discrimination and exclusion of disabled persons from the labour market a problem concerning the prejudiced individual, thereby simplifying both the problem and the way to solve it. The lawmaker has not taken into consideration systemic aspects or gain‐motivated discrimination, neither that which might appear, as a gulf between ideals and practice are the outcome of a whole range of different practices that respond to different needs. The antidiscrimination law ‐ as if guided by neo‐liberal considerations, i.e. rules are not drawn up in order to direct the behaviour of the market ‐ rescues governments from the requirements of acting on behalf of the disadvantaged group..

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