Society still perceives disability as a medical
matter. That is, society
associates disability with physiological, anatomical,
or mental ìdefectsî
and hold these conditions responsible for the
disabled personís lack of full
participation in the economic life of our society,
rather than viewing their
exclusion for what it is -- a matter of hard
constructed socio-economic
relations that impose isolation (and poverty)
upon disabled people. This
medicalization of disability places the focus
on curing the so-called
abnormality - the blindness, mobility impairment,
deafness, mental or
developmental condition - rather than constructing
work environments where
one can function with such impairments.
In my view, the economic system can be held primarily
responsible for
disabling physically and mentally impaired people.
Disablement is a product
of the political economy or the interaction between
individuals (labor) and
the means of production. In this view, disabled
peopleís oppression can be
traced to the restraints imposed by the capitalist
system. Those who control
the means of production in our economy impose
ìdisabilityî upon those with
bodies which have impairments perceived to cause
functional differentials
and as such, do not conform to the standard (more
exploitable) workerís
body.
Since passage of the Americans with Disabilities
Act in 1990, for example,
business has fought, tooth and nail, integrating
disability in the workplace
by providing a reasonable accommodation as required
by the ADA. In the first
decade of the law, the disabled employment rate
has not budged from its
pre-civil rights figure of 70 percent unemployed.
Capitalist business
accounting practices can be held accountable.
Disabled persons are isolated and excluded from
full participation in work
life because business practices foster it. As
I have written previously:
ìThe goal of business is to make profits. The
basis of capitalist
accumulation is the business use of surplus labor
from the work force of
skilled labor in a way which generates profits.
Typical business accounting
practices weigh the costs of employment against
profits to be made.
Productive labor, or exploitation of labor, means
simply that labor is used
to generate a surplus value based on what business
can gain from the worker
productivity against what it pays in wages, health
care, and benefits (the
standard costs of having an employee). The surplus-value
created in
production is then appropriated by the capitalist.
The worker receives
wages, which in theory, covers socially necessary
labor, or what it takes to
reproduce labor-power every working day.
The employer will resist any extra-ordinary or
nonstandard operation cost.
From a business perspective, the hiring or retaining
of a disabled employee
represents nonstandard additional costs when
calculated against a companyís
bottom line. [Economist, Richard] Epstein endorses
this point of view,
stating that employment provisions of the ADA
are a ìdisguised subsidyî and
that ìsuccessful enforcement under the guise
of ëreasonable accommodationí
necessarily impedes the operation and efficiency
of firms.î
Whether real or perceived in any given instance,
employers continue to
express concerns about increased costs in the
form of providing reasonable
accommodations, anticipate extra administration
costs when hiring
nonstandard workers, and speculate that a disabled
employee may increase
workerís compensation costs in the future. Employers,
if they provide health
care insurance at all, anticipate elevated premium
costs for disabled
workers. Insurance companies and managed care
health networks often exempt
ìpre-existingî conditions from coverage or make
other coverage exclusions
based on chronic conditions, charging extremely
high premiums for the person
with a history of such health care needs. Employers,
in turn, tend to look
for ways to avoid providing coverage to cut costs.
In addition, employers
characteristically assume that they will encounter
increased liability and
lowered productivity from a disabled worker.
Prejudice-based disability discrimination, resting
on employer assumptions
that the disabled person cannot do the job or
on employer-resistance to
hiring a blind, deaf, mobility or otherwise impaired
person just as they
might not want to hire blacks or women, undoubtedly
contributes
significantly to the high unemployment rate of
disabled people. Disabled
workers also face inherent economic discrimination
within the capitalist
system, stemming from employersí expectations
of encountering additional
nonstandard production costs when hiring a disabled
worker as opposed to
hiring a worker with no need for special accommodation,
environmental
modifications, liability insurance, maximum health
care coverage or even
health care coverage at all.
Using this analysis, the prevailing rate of exploitation
determines who is
"disabled" and who is not. Disability thus represents
a social construct
which defines who is offered a job and who is
not. An employee who is too
costly (significantly disabled) will not likely
become (or remain) an
employee at all. Census data tends to support
his view. For working-age
persons with no disability the likelihood of
having a job is 82.1 percent.
For people with a non-severe disability, the
rate is 76.9 percent; the rate
drops to 26.1 percent for those with a significant
disability.î [ìBacklash,
the Political Economy, and Structural Exclusion,î
21 BERKELEY JOURNAL OF
EMPLOYMENT AND LABOR LAW (Feb. 2000) pp 348-349.]
The ADA has not ìleveled the playing fieldî -
the goal of most civil rights
legislation - by eliminating economic discrimination.
In liberal capitalist economies, redistributionist
laws which, if enforced,
will cost business are necessarily in tension
with business interests, which
resist such cost-shifting burdens. This is evidenced
by employers hard
resistance to providing reasonable accommodations,
the business-biased
conservative courts which are consistently ruling
on behalf of employers,
not workers with impairments and the persistent
high disabled unemployment
rate.
Capitalists benefit by not having to employ or
retain a worker with an
impairment. Therefore many disabled workers are,
and will continue to be,
eliminated from mainstream economic activity.
So the question becomes is it
possible to reform business practices so that
disabled persons are not
excluded from the workforce?
Government could offer subsidies to offset business
costs to level the
playing field. Indeed it has recently passed
one such reform, the Work
Incentives Act, a subsidy that will allow disabled
workers to retain their
public health care by permitting them to buy
into Medicare and Medicaid. But
typical of most reforms, this measure falls way
short. For example, the
buy-in is only for an eight year stretch. What
then?
Other dubious subsidies already exist. Section
504 of the Rehabilitation Act
of 1973 provides that federally-financed institutions
are required to pay a
"fair" or ìcommensurateî wage to disabled workers,
but they are not required
to meet even minimum wage standards. The traditional
sheltered workshop is
the prototype for justifying below-minimum wages
for disabled people, based
on the theory that such workers are not able
to keep up with the average
widget sorter. Any nonprofit employer is allowed
to pay subminimum wage to
disabled employees under federal law, if the
employer can show that the
disabled worker has "reduced productive capacity."
6,300 such U.S. workshops employ more than 391,000
disabled workers, some
paying 20 to 30 percent of the minimum wage;
as little as $3.26 an hour and
$11 per week. In reality, workers with disabilities
in these workshops know
that they are sometimes paid less, not because
they lack productive capacity
but because of the nature of segregated employment.
Government could pay for disabled workersí reasonable
accommodations.
Perhaps that would remove the issue of that added
cost from the employerís
bottom line and stop some employers from fighting
disabled employeesí much
needed accommodations in court.
Such reform, however, is not likely to make a
difference in any substantive
sense. For one, productivity is the center of
capitalist accumulation. Labor
is always, a priori, the retarding factor of
productivity because labor can
never produce fast enough or equivalently, at
a low enough valued rate, to
suit the expectation of an accelerating profit
curve. It is likely that
impaired persons (due to the reasons explained
above) will always be seen as
less than what is desirable to maximize profit.
In addition, the
put-into-practice theory of a natural unemployment
rate assures that the
Federal Reserve will see to it that large numbers
of people are kept
unemployed to preserve the ìhealthî of the economy.
Disabled persons are
traditionally a part of this ìreserve army of
labor.î
But it must also be recognized that workers with
impairments in socialist
countries also face isolation from the mainstream
economic activities of
their societies. Sheltered workshops for the
blind existed under communism
in Poland and they still do today under the new
market regime there.
Impairments are medicalized under socialism as
in the U.S. under capitalism.
All of the welfare states whether capitalist,
communist or socialist, have
wrongly deemed disabled people as medical defects
ìunable to workî and
shifted them onto (in the U.S. below-poverty
level) government subsistence
programs or put them in paternalistic sheltered
workshop environments. Being
confined to living on abject poverty benefits
is then called a ìprivilege.î
None have created modes of production where disabled
persons can fully
participate in the economic lives of their nations
and provide for their
families.
In the search for envisioning a just new economy,
we must ask what is an
economy for: to support market driven profits
and outmoded models of
production or to sustain social bonds and encourage
full participation for
all -- including those members of our society
who have an impairment?
An economy is only working if it works for people,
if it delivers health
care, a living wage and a secure livelihood and
income for every person. A
government guarantee of full employment would
require reorganizing the
economy to allow everyone free choice among opportunities
for useful,
productive and fulfilling paid employment or
self-employment. In order to
bring more excluded persons into the workforce,
it will be necessary to
expand the work environment beyond the capitalist
profit motive and ensure
that federal and state governments act as the
employers of last resort. Base
compensation must be set at a living real wage
below which no renumeration
for disabled or nondisabled workers is allowed
to fall.
Because illness (as separate from impairment)
can make it impossible for
some to work for pay with a reasonable accommodation
or to sustain a job,
those individuals must have a government entitlement
to an adequate standard
of living which rises with increases in the wealth
and productivity of
society.