Legal Question in Disability Law in California

Is dyslexia considered a disability? How do I prove it, since I am an older person (45) and dyslexia was not talked about when I was growing up? Is there a doctor that I must see or specialist? My health benefits will run out in 6 months and if I did need to see an doctor then I would like to do this while I have my team of doctors at my discretion.

I am looking for school scholarships and I am not sure if this is technically a disability. Who do I see to be officially diagnosed if this is possible? I have been able to do checks and balances to overcome my issues but I have had no official training to on what to do to overcome my issues. I am also hoping if this is considered a disability, I could get help with employment and schooling to officially learn better ways of overcoming and understanding my condition.

I have looked through the internet, for the definition of dyslexia and learning disabilities but I did not find it exactly named under disabilities.

Thank you in advance for your consideration.

Gwinn


Asked on 11/20/09, 12:36 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I am not aware of any case that has addressed whether dyslexia is considered a recognized disability under the law. But a good source of information which may answer your questions is the Job Accommodation Network, which can be found at www.jan.wvu.edu . Good luck.

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Answered on 11/25/09, 2:45 pm
Terry A. Nelson Nelson & Lawless

Dyslexia could be considered a disability for purposes of employment discrimination protection. All disabilities are 'proved' by appropriate medical expert reports to be provided to the employer. If you are "looking for school scholarships", then I'm not sure what use you have for proving a disability, but a doctor's report would be sufficient to do so. If you are seeking employment, then IF you could prove you were discriminated against in a hiring decision 'because of' your disability, then you might have a case. Proving it is your burden, and I doubt any employer would be so ignorant or foolish as to admit to you that was the case. But, if it does happen, and if you can prove it, then feel free to contact me.

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Answered on 11/27/09, 6:42 pm


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