Employment Discrimination Law for the Learning Disabled Community

The newly expanded right of individuals with learning disabilities (LD) to be free from discrimination in employment presents the learning disabled community with a promising and exciting challenge. A comprehensive review of court decisions concerning persons with learning disabilities demonstrates that it is not always easy to convince employers and judges that individuals with learning disabilities are covered by disability discrimination laws, that such persons may be entitled to “reasonable accommodation” in order to perform their jobs competently, or that use of expert advice by employers may be necessary to identify the most effective way to remove traditional barriers to the employment of persons with learning disabilities.

Several strategies are described for developing disability employment discrimination law in a direction favorable to the LD community. This discussion should ensure that individuals with learning disabilities and the persons who advise them place neither too much nor too little reliance upon disability employment discrimination law when setting career goals or deciding how to redress adverse treatment by an employer. The information contained in this article also provides insight to experts in learning disabilities about their crucial role in the development of the law.