Professor Doron Dorfman Reviews "Disability Admin: The Invisible Costs of Being Disabled"
The Everyday Struggles of Disability Law
Reviewing Elizabeth F. Emens, Disability Admin: The Invisible Costs of Being Disabled 105 Minn. L. Rev. 2329 (2021).
(Jotwell | June 28, 2021) Recently, researchers and advocates have brought to light the extra financial costs of living with disabilities, or as some have called it the “crip tax.” They showcase the expenditures disabled people make because they have a disability, which are usually invested in necessities such as assistive technology, household accessibility renovation, service animal maintenance, or the purchase of special food due to dietary restrictions. These expenses are particularly onerous as this population has historically faced major barriers to entering and staying in the workforce, in addition to earning lower wages on average compared to their non-disabled peers.
In her excellent new article, Disability Admin: The Invisible Costs of Being Disabled, Liz Emens makes an important contribution to this discourse about the “taxes” imposed on individuals with disabilities. Emens exposes and conceptualizes other significant, yet non-financial, costs imposed on individuals with disabilities as they move through the non-disabled world. These costs are borne out of the incredible amount of time and mental energy people with disabilities exert on a daily basis while engaging with mundane tasks (like repeatedly explaining their needs to strangers, filling endless amount of forms, or constantly rearranging their routes so that they would be accessible), red tape, and the advocacy needed to exercise their rights. This is a type of labor which Emens calls “disability admin,” and is an extension of her work on “life admin.”
Weaving together original interview data, classic and contemporary texts in disability studies, case law, and even a description of an art installation, Emens richly describes the admin work disabled people are forced to engage in. She divides this labor into three categories: medical admin, benefit admin, and anti-discrimination admin.
While all of us experience the pitfalls of the managed-care health system to some degree, with its constant burden of navigating referrals, appointments, and documentation, such requirements have a disproportionate impact on many disabled individuals, who are legally required to constantly prove their status. While encounters with the healthcare system are also commonplace among non-disabled people, other experiences that Emens describes, such as applying for public benefits or being dependent on an inaccessible public transportation system, may be less familiar to non-disabled persons. Emens’s piece makes a persuasive argument that, when judges examine the “reasonableness” of disability accommodations in the workplace and in educational settings using a cost-benefit analysis or when they discuss whether a federally funded service is “readily accessible,” disability admin must be taken into account ...