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Column: Inside Perspectives
Quote by author Cara Shanahan for National Intern Day
Date Published
July 25, 2024

Unseen but not unheard: Empowering individuals with invisible disabilities


This National Intern Day, as I reflect on my internship with the Department of Justice, Office of Justice Programs’ Office for Civil Rights (OCR), I recognize how my personal experience with disability has uniquely prepared me for my work today. 

I was introduced to oral advocacy not in law school, but rather in a children’s hospital, where I first practiced the words I would repeat for the rest of my life. There, at eight years old, I began carefully rehearsing an explanation of my autoimmune disease—a condition that debilitated me but was invisible to others. 

Facing skepticism from friends, teachers and strangers alike, I tailored my explanation for different audiences. I developed a gut sense of how to appear credible. Some appreciated self-effacing humor to suggest I was down-to-earth, far from the type to fabricate an invisible illness. Others demanded varying degrees of personal medical information to substantiate my claims.

Yet I quickly learned that no amount of patient explanation, medical documentation or likability would validate my reality to those determined to use my appearance as a proxy for disability status. I struggled to walk but was chastised by strangers for using accommodated seats or elevators. Teachers and eventually employers claimed they forgot my limitations (and, critically, their corresponding accommodations) because of my seemingly “normal” appearance. I found myself needing to constantly reassert my autoimmune disease to remind people that it persisted.

My struggle for accommodations is symptomatic of a larger ignorance that threatens the ability of those with invisible illnesses to generally access educational or work opportunities. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act require public entities, employers and other actors to provide disabled individuals with reasonable accommodations to ensure equal access to their services and opportunities. 

These laws are critical, but they are only as effective as their enforcement. Take, for example, the ADA’s definition of disability as a “physical or mental impairment that substantially limits one or more major life activity.” While this language is intentionally broad to maximize inclusion, its vagueness may be weaponized by those seeking to dismiss certain conditions. Without guidance and oversight in implementing ADA protections, unqualified actors may decide who belongs to the disabled community. 

Thus, the dedicated enforcement work of OCR is essential to the mission of the ADA and Section 504. OCR ensures that, in practice, all qualified individuals with disabilities are entitled to the promises of the ADA. As a legal intern at OCR, I review complaints of disability discrimination by public entities. Some complainants have been denied accommodations not for lack of medical documentation or clear explanation, but because their conditions and needs are simply misunderstood. 

When briefing OCR attorneys on these matters, I am confident that my explanation of the complainant’s disability, visible or not, will be respected. For the first time in my life, I feel empowered to discuss the nuances of invisible disabilities, knowing that the talented group of attorneys surrounding me are committed to understanding the diversity within this broad category of individuals. 

I may not always succeed in countering individual prejudices about disability. But since working for OCR, I have faith in the power of addressing these misconceptions within larger institutions. 

OCR’s work is helping shift societal attitudes about the scope of disability. Just as societal norms influence legal frameworks, the law also shapes public perception. In this regard, OCR's comprehensive enforcement of the ADA and Section 504 serves as a crucial educational tool. 

I feel privileged to contribute to the pursuit of equal protection for every disabled individual, irrespective of the visibility of their challenges. 

 

Learn more about the OJP Internship Program

 

Date Published: July 25, 2024

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