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

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

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.

Suggested Citation

  • Best, Rachel Kahn & Fang, Yan & Fisk, Catherine & Krieger, Linda Hamilton & Reddy, Diana, 2025. "Disputed and disfavored: Pain, mental illness, and invisible conditions in disability discrimination cases," Social Science & Medicine, Elsevier, vol. 371(C).
    • Handle: RePEc:eee:socmed:v:371:y:2025:i:c:s027795362500214x
    DOI: 10.1016/j.socscimed.2025.117885
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    1. Schnittker, Jason, 2008. "An uncertain revolution: Why the rise of a genetic model of mental illness has not increased tolerance," Social Science & Medicine, Elsevier, vol. 67(9), pages 1370-1381, November.
    2. Dumit, Joseph, 2006. "Illnesses you have to fight to get: Facts as forces in uncertain, emergent illnesses," Social Science & Medicine, Elsevier, vol. 62(3), pages 577-590, February.
    3. Parker, Richard & Aggleton, Peter, 2003. "HIV and AIDS-related stigma and discrimination: a conceptual framework and implications for action," Social Science & Medicine, Elsevier, vol. 57(1), pages 13-24, July.
    4. Bonica, Adam & Sen, Maya, 2017. "A Common-Space Scaling of the American Judiciary and Legal Profession," Political Analysis, Cambridge University Press, vol. 25(1), pages 114-121, January.
    5. Werner, Anne & Malterud, Kirsti, 2003. "It is hard work behaving as a credible patient: encounters between women with chronic pain and their doctors," Social Science & Medicine, Elsevier, vol. 57(8), pages 1409-1419, October.
    6. Rachel Kahn Best & Alina Arseniev-Koehler, 2023. "The Stigma of Diseases: Unequal Burden, Uneven Decline," American Sociological Review, , vol. 88(5), pages 938-969, October.
    7. Chad Westerland, 2007. "The Judicial Common Space 1," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(2), pages 303-325, June.
    8. Santuzzi, Alecia M. & Waltz, Pamela R. & Finkelstein, Lisa M. & Rupp, Deborah E., 2014. "Invisible Disabilities: Unique Challenges for Employees and Organizations," Industrial and Organizational Psychology, Cambridge University Press, vol. 7(2), pages 204-219, June.
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