The Americans with Disabilities Act and Learning Disabilities

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by Eileen Bailey
Tuesday, July 27, 2010

This week celebrates the 20^th anniversary of The American's with Disabilities Act (ADA). This law helps to protect individuals with learning disabilities in work and school from discrimination based on their disability. The purpose of the law was to "remove barriers that prevent individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities." [National Joint Committee on Learning Disabilities, 1992]

Learning Disabilities Included in ADA

According to the ADA a disability is "a physical or mental impairment that substantially limits one or more of the major life activities of an individual." Specific learning disabilities are listed as a possible physical or mental impairment. Learning is considered a major life activity.

Having an LD does not guarantee eligibility under the ADA. Although learning disabilities are considered impairments, in order to be considered for accommodations under this law, someone must meet the legal definition of "disabled" which requires substantial limitations on a major life activity. For example, if you have a learning disability but are able to achieve scores on testing comparable to "average" scores, without accommodations, you would not be considered to be "substantially impaired" under the law.

Eligibility is determined by your ability without employing strategies or medication as assistance. For example, a student with ADHD would be measured based on their abilities to complete a task without medication or accommodations. This would then be compared to achievements of "average" students completing the same task.

The ADA does not guarantee acceptance or prevent you from being dismissed from a job that you are not qualified to perform. For example, if you are applying for a job as a medical technician but do not meet the educational requirements of the job, such as having received licensing, the ADA cannot be used as leverage to be offered the position. If however, you have all necessary education and licensing but have been passed over for the position based on your learning disabilities, the ADA offers protections under the law. It is important to remember that employers have the right to hire who they feel would be best for the job. Although they should not discriminate based on a disability, it is their right to choose the best person. Sometimes, what isn't fair is not necessarily discrimination or illegal, it is just unfair.

How Learning Disabilities Might Impact Work and School

The National Joint Committee on Learning Disabilities lists the following as potential barriers for individuals with LD:

• Physical/environmental barriers
  • Inappropriately designed instruction manuals or testing material
  • Long or complex directions
  • Noisy or visually distracting work settings
• Attitudinal/behavioral barriers
  • Impatient or inflexible teachers, job supervisors, or peers
  • Lack of understanding that individuals with learning disabilities have many capabilities

Documentation to Prove a Disability