Legal Question in Disability Law in Virginia
Reading Disability
The EEOC in Virginia says that not reading is not a disability, is this true? They would not take our case even though the individual was discreminated against on the job and eventually dismissed after being with the company more than 25 years.
1 Answer from Attorneys
Reading Disability
Assuming you are addressing the Americans With Disabilities Act (ADA), which is Federal law, and that you are not asking a question about some state law or regulation, the answer is that it depends on WHY the person can't read. If they can not read because of an organic (physical) or psychological problem, then the firing probably violates the ADA and they should get an attorney, file suit and seek damages, assuming they can otherwise perform the essential functions of the job and that the employer could reasonably accomodate them.If they can't read simply because they have never learned how and are too lazy to learn now, the ADA does NOT apply and they should find an adult education class and learn.