Wal-Mart, you've done it again....

A recent Alabama court decision, 5/11/07, occurred which found that it
was "unclear whether thinking, communicating, and social interaction are
'major life activities' under the ADA." As you read the following
article, consider, what factors, in your opinion, went into the
decision? What implications might this type of ruling have for people
with disabilities? Do you see this as an advantage or disadvantage for
people with disabilities? Please share you thought us with us at
NSIP@umb.edu, and we will post your responses.

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for the Eleventh Circuit, in an unpublished opinion from May 11, held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
(This article was from the Justice for All email archives 5/24/07)

Contact the National Service Inclusion Project (NSIP) team members to
provide resources, offer technical assistance and answer your questions
concerning the inclusion of people with disabilities in national
service. NSIP contact information is: email nsip@umb.edu or contact us
toll-free at 1-888-491-0326 voice/TTY. To see a complete list of
trainings that NSIP offers, or to request a training, go to:
http://www.serviceandinclusion.org/index.php?page=request . The NSIP
team looks forward to hearing from you.