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(Copied to Communications Coordination Committee For The U.N. as involving several aspects of Communication, and to communication and disability related groups.)
Dear Frank, and Greetings All:
Thanks and a comment and query.
There's still the USA Highest Court. Having these key issues not yet absolutely resolved (in the court hierarchy sense) but still coming into clear cultural consciousness may have its good sides.
What think you? How do communication skills and features figure in, or how should they.
Warm regards, L D M F.
Linda D. Misek-Falkoff, Ph.d., J.D.
*Respectful Interfaces* Programme - CCC/UN.
IDC, NDP, PWPI; other associations on request.
----- From Frank's post: -----
Last week I circulated a judgment from the USA Supreme Court which was a very positive judgment from a disability viewpoint. Today I send you a judgment which is very worrying.
Court Decision: "Mental retardation" is not a disability under ADA
In the case of Littleton vs.. Wal-Mart Stores, Inc., the Court of Appeals for the Eleventh Circuit, in an unpublished opinion from May 11, held that an individual with mental retardation did not have a disability under the Americans with Disabilities Act.
With guidance from the Alabama Independent Living Center, Mr. Littleton interviewed for a job as a cart-push associate at Wal-Mart. However he was not allowed to have his job coach accompany him into the interview, and he was ultimately not hired. While acknowledging his intellectual disability, in the Court's analysis, Littleton, who receives Social Security benefits because of his disability, was found not to be substantially limited in major life activities.
The following are excerpts from the court decision:
"We do not doubt that Littleton has certain limitations because of his mental retardation. In order to qualify as 'disabled' under the ADA, however, Littleton has the burden of proving that he actually is, is perceived to be, or has a record of being substantially limited as to 'major life activities' under the ADA.
"It is unclear whether thinking, communicating, and social interaction are 'major life activities' under the ADA."
In the case of Littleton vs.. Wal-Mart Stores, Inc., the Court of Appeals for the Eleventh Circuit, in an unpublished opinion from May 11, held that an individual with mental retardation did not have a disability under the Americans with Disabilities Act.
With guidance from the Alabama Independent Living Center, Mr. Littleton interviewed for a job as a cart-push associate at Wal-Mart. However he was not allowed to have his job coach accompany him into the interview, and he was ultimately not hired. While acknowledging his intellectual disability, in the Court's analysis, Littleton, who receives Social Security benefits because of his disability, was found not to be substantially limited in major life activities.
The following are excerpts from the court decision:
"We do not doubt that Littleton has certain limitations because of his mental retardation. In order to qualify as 'disabled' under the ADA, however, Littleton has the burden of proving that he actually is, is perceived to be, or has a record of being substantially limited as to 'major life activities' under the ADA.
"It is unclear whether thinking, communicating, and social interaction are 'major life activities' under the ADA."
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