Law Commons^™

The Common Law Of Disability Discrimination, Mark C. Weber

Mark C. Weber

In many cases alleging race and sex discrimination, plaintiffs append common law claims to cases asserting federal or state statutory causes of action. In other race and sex cases, plaintiffs put forward these common law claims without making any federal or state statutory claims. Less frequent, and much less frequently discussed by scholars, are common law claims for conduct constituting disability discrimination. Nevertheless, there are sound theoretical and practical reasons to develop a common law of disability discrimination. On the theoretical side of the discussion, federal statutory disability discrimination claims are not exclusive, and the common law can both draw …