Is Being Illiterate A Disability?

Illiteracy is no laughing matter, but a recent lawsuit by a grounds crew supervisor at Normandy schools provides another striking example of how well-intentioned laws are often expanded to wreak havoc in our employment system.

The plaintiff, Tommie Robinson, 55, is claiming that his inability to read is a disability covered under the Americans With Disabilities Act.  Now, the truth is it's his lawyer who is making this claim, as clearly Tommie wouldn't be able to read the Americans With Disabilities Act if he is truly illiterate.

Is this a case of a clever lawyer trying to make a buck, and even if justified, is the ADA really the proper tool to use to remedy the problem of someone not being able to read?  By the way - here's his lawyer.

The suit was filed on his behalf by attorney Chris Chostner with the St. Louis firm of Schuchat, Cook & Werner. Chostner also declined to comment.

A Justice department spokesman says the case may have merit, but cites a case where dyslexia is ruled a disability, not illiteracy.

Cynthia J. Magnuson, a spokeswoman for the U.S. Department of Justice, said claims such as Robinson's were rare but not unheard of.

"Literacy could be considered an impairment and potentially could be covered under the Americans With Disabilities Act," she said. She cited a 1999 case in which an appeals court ruled in favor of a person with dyslexia who was seeking testing accommodations for the New York bar exam.

Here's the rub.  Robinson is at a disadvantage, and is undoubtedly frustrated, perhaps even embarrassed by his inability to read.  At the age of 55, it is a difficult thing to pick up, especially when you spent the last 50 years denying your need to be able to read.

I feel for the man, but I'm disgusted that he feels he has the right to sue us (the taxpayer) for his failure to adapt.   Life is not a bowl of cherries, and we all have a responsibility to fit in - even when it's hard.  If Tommie Robinson doesn't want to participate in his responsibilities of modern individual, he shouldn't get the rewards.

I hope he loses his lawsuit, and instead looks deep inside himself and finds the courage to tackle the adult literacy courses the Normandy schools have offered to pay for.  Good luck, Tommie.

Comments

[Karen Mattonen]

Jim,
though I agree with you quite a bit here in regards to frivolous lawsuits; there is a part of this that seems to be missed that I perceive as important that I find somewhat challenging and creates some sympathy for the guy.

The guy had been working at the school since 1982 and based upon the article "can perform the essential functions of his position as Lead Groundsman with a reasonable accommodation such as verbal, instead of written instructions. …"

At his age, it would be safe to assume that the guy never got tested to determine if he has physical problems reading – ie dyslexia or such like - and many of these articles do miss some of the details. So who knows.

But the part that get's to me on this piece more than anything is that he had been doing the job, and doing it well for over 20 years- without a problem or hazard. That alone does speak volumes.

This would be interesting to see how it pans out.