What does it mean to discriminateon the basis of health status? Health can, of course, speak to a number of things, such as the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does not mean that considering it should be legally permissible. This Article explores when differentiating on the basis of health is acceptable- perhaps even desirable-and, by contrast, when it is normatively problematic. While we acknowledge that differentiations on the basis of health status can be both economically rational and socially beneficial, we recognize that health-based distinctions can also generate their own independent class of antidiscrimination wrongs. We therefore propose two complementary frameworks designed to separate sound public and private policies from socially damaging healthism
Roberts, Jessica L. and Leonard, Elizabeth W.
"What Is (And Isn't) Healthism?,"
Georgia Law Review: Vol. 50:
3, Article 6.
Available at: https://digitalcommons.law.uga.edu/glr/vol50/iss3/6