Disputed and disfavored: Pain, mental illness, and invisible conditions in disability discrimination cases

Rachel Kahn Best, Yan Fang, Catherine Fisk, Linda Hamilton Krieger and Diana Reddy

Social Science & Medicine, 2025, vol. 371, issue C

Abstract: When they sue their employers for disability discrimination, do plaintiffs with some types of conditions fare better than others? This paper analyzes legal outcomes for three types of conditions that are potentially disputed (subject to suspicion and doubt) or disfavored (subject to stigma or judgment): mental illnesses, invisible conditions, and subjectively diagnosed pain conditions. Using logistic regression to analyze over 1,100 judicial opinions in the US federal courts, we find that invisible conditions tend to be disputed and mental illnesses tend to be disfavored. We find the strongest and most consistent disadvantages for subjectively diagnosed pain conditions; plaintiffs with these conditions are significantly less likely to be deemed a person with a disability and to win in court. The disadvantages for plaintiffs with difficult-to-document pain conditions persist even if they are deemed to be persons with disabilities, suggesting that skepticism about these conditions pollutes judges’ overall impression of plaintiffs.

Keywords: Disability; Law; Stigma; ADA; Pain; Mental illness (search for similar items in EconPapers)
Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
http://www.sciencedirect.com/science/article/pii/S027795362500214X
Full text for ScienceDirect subscribers only

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eee:socmed:v:371:y:2025:i:c:s027795362500214x

Ordering information: This journal article can be ordered from
http://www.elsevier.com/wps/find/supportfaq.cws_home/regional
http://www.elsevier. ... _01_ooc_1&version=01

DOI: 10.1016/j.socscimed.2025.117885

Access Statistics for this article

Social Science & Medicine is currently edited by Ichiro (I.) Kawachi and S.V. (S.V.) Subramanian

More articles in Social Science & Medicine from Elsevier
Bibliographic data for series maintained by Catherine Liu ().