Let's Talk: The Invisibility of Disability in the Legal Profession

Attorneys with disabilities are vastly undercounted in the legal profession. While it’s estimated that over 1 in 4 Americans live with a disability, according to a recent report from the National Association of Law Placement, only about 1.4% of law firm lawyers self-identified as having a disability. Bars play a key role in helping the legal profession become more inclusive and supportive for individuals with disabilities. 

Beyond the ADA

Lauren Clements and Ann Motl are the two founders of Minnesota Disability Bar Association (MDisBA). As leaders in disability inclusion in the legal profession, they offered insight and their advice to the legal community on how to navigate conversations and build disability rights spaces.

Cultural stereotypes often get in the way of meaningful conversations about disability. Someone without a disability may feel embarrassed or pity towards people with a disability. People with disabilities—either visible or invisible—may not want to talk about them for fear of prejudice or discrimination. As Motl noted people are scared and there needs to be more space for these sorts of conversations.

But fear can’t be the only reason. Within DEI spaces, conversations about race and gender are common and spoken about in length, but what about disability? There is a lack of programs, centers, and spaces to have these conversations. This may be due to the public misconception that disability rights have already been adequately addressed achieved through the Americans with Disability Act (ADA). Clements argues we must bridge the gap between what is legally required and what it means for individuals with disabilities to bring their whole selves to work. Lawyers work every day as advocates for their clients but must remember to be advocates for themselves and their co-workers.

The 1990 Americans with Disability Act provided the foundation of equal access and opportunities with disabilities. While the ADA made a huge stride to protect the legal rights of those with disabilities it failed to encompass the vast range of disabilities and account for the (in)visibility of certain disabilities, mainly focusing on physical disabilities that were easy to see. This continued the normative/cultural emphasis on able bodied/minded individuals. The Disability Justice Movement (DJM) builds upon the foundation of the Disability Rights Movement and the ADA. DJM looks upon the fight for inclusion and equity through the lens of intersectionality, recognizing the wholeness of people and the difficulties they may face due to their multiple identities

Bringing their "Whole Self"

So, how can those in the legal profession bridge the gap between what is legally required and what it means for individuals with disabilities “to bring their whole selves” to work?  Start with a conversation about what individuals with disabilities need to do their work.

For Clements, this started when she was heading to a summary judgment hearing, but there were no accessible parking spots at the courthouse, and she could not reach any courthouse staff to help. She headed back to her office thinking she’d face consequences for missing the hearing. To her surprise, this situation sparked a broader conversation in her firm that showed there was both an interest and need to start affinity organizations centered on disability, not only for those with disabilities but also for allies and support. (Read more about how Clements and Motl started MDisBa at the Hennepin Lawyer website.)

Consider forming partnerships with other organizations. Clements and Motl found that partnerships with other organizations were one of the most effective ways to raise awareness about the needs of lawyers with disabilities. For example, MDisBA partnered with the Federal Bar Association to host events like panels on invisible disabilities.

MDisBA also offers “Disability 101” talks to other organizations. Using social media to highlight members with disabilities can help erase stigma around disability conversations and break down perceptions of who can be a lawyer.  Whether one has a disability or not, bars play a vital role in helping foster disability inclusion in the legal profession. 

What can your bar do? 

• Ask your members with disabilities what they need 
• Lift up those members/organizations who are leading in the spaces
• Review your bars accommodations/activities
• Collect resources for your members