LGBTQ+ and Disability Discrimination

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by Erin Vallely

While people frequently believe the LGBTQ+ community and the disability community have nothing in common, their histories, and current realities, are very similar.  Both communities have historically been excluded from mainstream society and continue to face discrimination in all areas of daily life.  With over a third of the LGBTQ+ adult population and over two-thirds of the LGBTQ+ youth population reporting one or more disabilities, it is important to recognize the intersections of these two communities. 

Legal Protections 

Although discrimination is still common, there are laws that protect both LGBTQ+ and disabled people’s rights.  Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) protect the rights of disabled and chronically ill individuals. Similarly, the Sexual Orientation Non-Discrimination Act (SONDA) prohibits discrimination based on actual or perceived sexual orientation in virtually all areas of life. Additionally, the Gender Expression Non-Discrimination Act (GENDA) covers gender identity and expression as a protected civil rights category. All three laws protect people’s rights to access education, employment, housing, money lending, public places and services, law enforcement and police misconduct, and voting.  The Civil Rights Division of the Department of Justice enforces all the laws that protect these rights.   

Types of Discrimination and Barriers to Equality 

Despite laws protecting the rights of LGBTQ+ and disabled individuals, discrimination and manmade barriers to equality still exist.  Members of the disability and LGBTQ+ community, and our allies, need to educate themselves about what inequality looks like today and what issues our communities face.  Here are some common areas of life where people still face barriers to equality. 

  • Housing: Most housing options are inaccessible to people with physical disabilities.  In addition to physical inaccessibility, LGBTQ+ and disabled individuals also face financial barriers which impact their ability to purchase a home.  Renters may also face indirect discrimination when trying to rent from a landlord due to assumptions about their disability and/or living partners.  Indirect discrimination may look like unreturned phone calls and emails, rude behavior, and lying about a housing opportunity.   
  • Employment: The LGBTQ+ and disability community face barriers to employment due to discrimination.  For example, many disabled people struggle to find a job because employers make assumptions about their abilities.  Similarly, many LGBTQ+ individuals struggle to find jobs because of gender expression and sexual orientation identity discrimination.  In these cases, discrimination might look like ignoring job applications, denying reasonable accommodation requests, and repeatedly ignoring chosen names and proper pronoun usage for employees. 
  • Healthcare: Both the disability and LGBTQ+ populations experience high rates of discrimination in healthcare settings.  Individuals with disabilities often cannot access healthcare services due to physical inaccessibility and the attitudes medical providers hold about disabled individuals.  Similarly, LGBTQ+ individuals often deal with prejudices from providers, preventive care concern dismissals and disregard for population specific health issues. For example, exam tables and imaging equipment may not be accessible, and providers may not take disabled and LGBTQ+ people’s concerns and unique needs seriously. 
  • Political Representation: At all levels of government, the LGBTQ+ and disability communities are frequently not represented. This means our unique population needs frequently get ignored. Disability issues frequently are not addressed by lawmakers because they do not understand how the systems they have created discriminate against us. Similarly, the LGBTQ+ community still faces policy discrimination in all areas of life due largely to narrow ideas of what a “family” is. For example, members of both communities face legal barriers to financial security, purchasing a house, and equal medical care.  
  • Community Inaccessibility: In addition, everyday community activities are often inaccessible to the disability and LGBTQ+ populations. Due to historical exclusion from public places, LGBTQ+ spaces are often physically inaccessible to disabled individuals. On the other hand, LGBTQ+ individuals frequently do not feel welcome and included in disability spaces. On top of the barriers to inclusion between the two communities, both sides also face the same issues in the broader community. In these cases, discrimination often looks like inaccessible spaces, policies that do not affirm LGBTQ+, and general negative attitudes towards both populations.  

Minority populations are always strongest when they work together to create change. The LGBTQ+ and the disability community must work together to change policies and address issues. It is important for community members and our allies to learn about these issues and uplift these issues. When more people know about our needs, the stronger our advocacy power will be.   

Get Involved!   

Advocacy can be intimidating.  It is important to understand the issues you are talking about and have confidence to advocate for yourself and the community.  Here are some resources you can use to learn more about the issues and how to be a good advocate. 

If you believe you are experiencing discrimination due to your LGBTQ+ and / or disability identity, or have questions about your rights, please contact ATI at 607-753-7363 or by email at info@aticortland.org. 

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