ABSTRACT
Under the accommodation model, theorists saw claimants arguing that their objective inequality justified a finding of incommensurate-special-merit. In Vande Zande, an alternative argument adduced by the respondent was to deny the existence of the particular disability at issue as one possessing any distinct objective status for purposes of the relevant treatment. The respondent based that argument on the claim that the claimant's condition "[did] not fit the statutory definition of a disability." The Court dismissed that argument as a preliminary matter, by recognizing the disability, hence accepting the claimant's prima facie case, but then resolving the dispute on the question of reasonable cost. The Non-Recognition Model completes the several general forms of argument in discrimination law. If structure limits the possibility of a genuine diversification of the ways in which fundamental human interests are submitted to legal regulation, it does so only because that limitation is inextricably built into it.
