Open Letter: Structural Disparate Impact in arXiv's Endorsement System (with documented support exchange, January 2026)
Authors/Creators
Description
In January 2026, an independent researcher submitted a formal critique to arXiv Support raising
structural disparate impact concerns regarding arXiv's endorsement requirement for first-time
submitters. The critique included six specific governance questions and a constructive proposal for a
frozen-or-provisional submission pathway with internal review authority.
arXiv's response did not engage with the substantive content of the critique. Following an explicit
disclosure of disability and a direct request for accommodation, arXiv stated that "we cannot make
exceptions" and confirmed in writing that arXiv does not maintain endorser infrastructure ("We do not
maintain a list of potential endorsers other than what is provided on the arXiv site"). The ticket was
closed without engaging in the interactive accommodation process required of federally funded
entities under Section 504 of the Rehabilitation Act of 1973.
This document preserves the verbatim exchange (five turns, January 11–16, 2026) for evidentiary,
archival, and research purposes. arXiv is operated by Cornell University, which receives federal
funding; Section 504 applies. The pattern documented — neutral policy producing disproportionate harm
to a protected class, combined with explicit refusal to engage in interactive accommodation process
when notified — corresponds to the disparate impact doctrine in U.S. disability law.
This document is published openly under CC BY 4.0 for citation by other researchers facing the same
barrier, by disability rights organizations, and by policy analysts examining accessibility in
academic publishing infrastructure.
A constructive accommodation proposal (frozen-or-provisional submission pathway with internal review
authority) was offered in the original January 11, 2026 letter. arXiv did not respond to this
proposal. The proposal is reproduced verbatim in the archived exchange.
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2026-01-11_arxiv_exchange_disparate_impact.txt
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