Kimani Paul-Emile, a professor from Fordham University in New York, argues that African Americans should have their skin color recognized as a legal disability to combat the inequalities and prejudice they experience.
“Blackness in the United States has an independent disabling effect distinct from the effects of socioeconomic status,” Paul-Emile wrote in an article titled “Blackness as Disability” for the Georgetown Law Journal. She argues that due to the historical ineffectiveness of civil rights laws, African Americans should turn to “disability laws” as a more effective legal method of combating racial discrimination.
“Understanding Blackness as disabling,” she contends, “brings to the fore a surprising new approach to addressing discrimination and systemic inequality that has been hiding in plain sight: disability law… [Race laws] failed to combat the predominant forms of discrimination that now harm minority populations: unconscious bias, stereotyping, and structural inequality.”
In the article, Paul-Emile even went as far as to make the assertion that the racially designated color black “was designed” to be disabling.
“Racial categories were created explicitly to serve as a caste system to privilege some and disadvantage others,” she insists. “To be Black means facing increased likelihood, relative to Whites, of living in poverty, attending failing schools, experiencing discrimination in housing, being denied a job interview, being stopped by the police, being killed during a routine police encounter, receiving inferior medical care, living in substandard conditions and in dangerous and/or polluted environments, being un- or underemployed, receiving longer prison sentences, and having a lower life expectancy.”
College Fix reporters asked Paul-Emile whether or not these race disabilities could be applied to Hispanics or other minorities as well, however they were met with no response.