-------------- Forwarded Message: --------------
From: mcstroke@...
To: janetgslp@...
Subject: FW: Court Decision: "Mental retardation" is not a disability under ADA
Date: Thu, 31 May 2007 21:03:04 +0000

 

 

 

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From: "Luecking, Betsy" <Betsy.Luecking@...>
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Subject: FW: Court Decision: "Mental retardation" is not a disability under ADA
Date: Thu, 31 May 2007 18:03:03 +0000

FYI -

 

Betsy Tolbert Luecking
Montgomery County Dept. of Health & Human Services

Aging and Disability Services, Program Manager II

Commission on People with Disabilities

Acting ADA Compliance Officer

401 Hungerford Drive, 4th floor

Rockville, MD 20850

240-777-1256 Voice/TTY

betsy.luecking@...

 

Visit our Website!!!  www.montgomerycountymd.gov

Click on the orange RESIDENTS box
Scroll down to Resident Services
Click o n Disability Information & Services

 

 

 

 

-----Original Message-----
From: McCrehan, Arlene [mailto:arlene.mccrehan@...]
Sent: Tuesday, May 29, 2007 3:46 PM
To: Luecking, Betsy
Subject: FW: Court Decision: "Mental retardation" is not a disability under ADA
Importance: High

 

Hi Betsy,

 

This is pretty astonishing news.

 

Arlene

---

From: Young, Tony/National [mailto:TYoung@...]
Sent: Tuesday, May 29, 2007 3:36 PM
To: Diversity Steering Council; Diversity Team; GovernmentalAffairs/Workforce Development; RegionalDirectors; Board Members; Board POC
Subject: Court Decision: "Mental retardation" is not a disability under ADA
Importance: High

 

I will check with The Arc of the US to determine what they will do. This could mean that an individual with certain intellectual impairments might not qualify for the AbilityOne Program in this Circuit.

Court Decision: "Mental retardation" is not a disability under ADA

In the case of Littleton v. 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for the Eleventh Circuit, in an unpublished opinion from May 11, held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."

The entire court opinion is available as a pdf at:

http://www.ca11.uscourts.gov/unpub/ops/200512770.pdf

SOURCE: AAPD

Tony Young

Senior Public Policy Strategist

NISH

8401 Old Courthouse Road

First Floor

Vienna, VA 22182

Phone (571) 226-4567

www.nish.org

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