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Disability and the ADA: Learning Impairment as a Disability

Published online by Cambridge University Press:  01 January 2021

Brian J. Winner
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Information
Journal of Law, Medicine & Ethics , Volume 28 , Issue 4 , Winter 2000 , pp. 410 - 411
Copyright
Copyright © American Society of Law, Medicine and Ethics 2000

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References

See No. 99–1931, 2000 U.S. App. LEXIS 21128, at *28 (6th. Cir. Aug. 22, 2000).Google Scholar
See id.Google Scholar
See id. at *17, citing 28 C.F.R. pt. 36, app. B (1999).Google Scholar
Gonzales, 2000 U.S. App. LEXIS 21128, at *24. The lower court had also held that Gonzales' contention that the application of the term “substantially limits” should be read in comparison to an individual at his age level, i.e., a comparison to college-level students was erroneous. Id. The lower court held that the correct standard was to compare the impairment to pooled norms; it found that under the proper comparison Gonzales' scores “are squarely in the average to superior range.” Gonzales v. National Board of Medical Examiners, 60 F. Supp. 2d 703, 708 (1999). The Court of Appeals reiterated this view in reviewing the testimony and agreed with the conclusions of the lower court. See Gonzales, 2000 U.S. App. LEXIS 21128, at *24.Google Scholar
Pazer v. New York State Board of Law Examiners, 849 F. Supp. 284 (S.D.N.Y. 1994) (speculating that in some circumstances an inference that an individual has a learning disability could be drawn from a disparity between inherent capacity and performance on a test).Google Scholar
Gonzales, 2000 U.S. App. LEXIS 21128, at *26, citing 42 U.S.C.A. § 12101(a) (West 1995).Google Scholar
Id. at *27, citing Bercovitch v. Baldwin School, Inc., 133 F.3d 141, 155–156 (1st Cir. 1998) (holding that a diagnosis of ADHD was not a disability when the learning disability did not affect academic success).Google Scholar
See Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999); Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999); Albertsons, Inc. v. Kirkingburg, 527 U.S. 555 (1999).Google Scholar
See Gonzales, 2000 U.S. App. LEXIS 21128, at *31–32.Google Scholar
Id. at *29, citing 29 C.F.R. § 1630.2(j)(3)(i) (1999).2.0.CO;2>CrossRefGoogle Scholar
See id. at *30.Google Scholar
See id.Google Scholar
Gonzales, 2000 U.S. App. LEXIS 21128, at *30, citing Sutton, 527 U.S. 471; School Board of Nassau Co. v. Arline, 481 U.S. 1024 (1986); and 29 C.F.R pt. 1630, App. § 1630.2(j) (1999).Google Scholar
Id. at *34.Google Scholar
See supra text accompanying note 6.Google Scholar
See Bartlett v. New York State Board of Law Examiners, No. 97–9162, 2000 U.S. App. LEXIS 22212 (2d Cir. N.Y. Aug. 30, 2000) (dissenting opinion).Google Scholar
See Krueger, M.M., “The Future of ADA Protection for Students with Learning Disabilities in Post-Secondary and Graduate Environments” (Comment), Kansas Law Review, 48 (2000): 607.Google Scholar