Legal Question in Disability Law in Pennsylvania

Re: Mental Retarditon jokes

You asked about jokes regarding mental retardation.

From the facts that you have provided, and in my opinion, you are being thin-skinned. Mental retardation is a highly controversial term that applies to a broad range of disorders, and some non-disorders. Persons with Down Syndrome are properly referred to as intellectually or developmentally disabled. Even the American Association for Mental Retardation has changed its name to reflect the change. The best bet is probably to divorce yourself and your child from that term.

As to whether the term or its use is discriminatory, it's probably not. It would be harassing if the term were used against you specifically because of your daughter's condition. But to become discriminatory it would need to be used toward you BECAUSE of your association with someone who was "retarded." Much like other pejorative terms that term only has the connotations that the listener subscribes to that term. I won't use the pejoratives, but claiming ownership and control of the word is the first step.

How about bringing you child to work for take your child to work day. Your co-workers need to be educated about the term and the persons who are injured by the use of the term.

I recall a situation I observed year ago on the National Mall. A bicyclist and a pedestrian collided. The bicyclist loudly said "why you don't you watch where you're going retard." The pedestrian (who has Down Syndrome was a regular visitor to the Mall) replied "I have Down Syndrome, what's your excuse?"

The word retard no more describes your daughter than other pejoratives describe the person's to whom they are directed. I would suggest you watch the comedian Carlos Mencia's take on this topic. He uses the catch phrase Dee-de-dee for acts and actions that would commonly be associated with the term retarded (it doesn't refer to people who were born retard, but rather to people who were born and are now retarded). He's not being disrespectful and in fact he has been embraced by the developmentally disabled community.

Rather, I suggest you educate people where it matters, and let them judge for themselves whether and when the term is harmful. You should also spend time educating yourself and your daughter about tolerance. She's different and will have to accept that for life. Help her to become part of society that doesn't tolerate discrimination but rather works to combat it. After all, it is not the word that is harmful but rather the intent behind the word.

Also, you do know that a beating never really solved anything.

Regards,

Roger