May be distributed.
david@[EMAIL PROTECTED]
Supreme Court Asked to Decide
Employment Rights of Job Applicants with Disabilities
Charles Littleton, Jr. versus Walmart Stores, Inc.
On July 31, 2007, Charles Littleton, Jr., a young Birmingham, Alabama,
man filed a petition with the United States Supreme Court asking the
court to hear his lawsuit against Wal-Mart.
The case raises questions of national im****tance regarding the
employment rights of people with disabilities. The lower courts are in
deep conflict over an issue in the case which particularly affects
people with mental retardation, that is, how to define "disability."
In March, 2003, Mr. Littleton applied to work as a cart pusher at the
Leeds, Alabama Wal-Mart. Due to his disability, he has difficulty in
formal questioning and relating, such as in an interview, and in
understanding and answering questions. The store agreed that his job
coach could be present to assist him in the interview but Wal-Mart
violated the agreement, and sent Mr. Littleton's job coach from the
room when the interviews took place. Wal-Mart denied him the job due
to what it called "poor interpersonal skills."
The lower courts ruled against Mr. Littleton, finding that he is not
"disabled" under the Americans with Disabilities Act.
The petition for certiorari asks the Supreme Court to resolve a
question on which the courts of appeals nation-wide have come to
different conclusions: are substantial limitations on "social
interaction" or "interpersonal skills" (such as those in mental
retardation) a major life activity which entitles a disabled person to
coverage under the ADA? It also asks the court to recognize that the
lower courts were wrong when they ruled that Mr. Littleton is not
disabled under the ADA.
The impact of the ADA on the Nation's commerce, consumers and people
with disabilities is immense. People are now productive in our economy
who would in the past have been excluded. Census 2000 counted 49.7
million non-institutionalized people with a long lasting condition or
disability, including 33.2 million aged 16 to 64, of whom 6.8 million
have a mental disability. Also, 21.3 million people in the 16 to 64
age group were found to have a condition that affected their ability
to work at a job or business. 6.7 million in that age group have a
mental disability.
People with mental retardation comprise a substantial part of our
Nation's population. There are 4.56 million people with mental
retardation and developmental disabilities (MR/DD) in the United
States. Total federal, state and local spending for MR/DD services in
FY 2002 was $34.6 billion.
The Americans with Disabilities Act of 1990 (ADA), capped national
efforts to effectuate civil rights protection for Americans with
Disabilities.. Congress intended the act to change behaviors affecting
a vulnerable minority, akin to legislation to overturn racial
discrimination. President Bush referred to the ADA as an "historic new
civil rights Act." Senator Tom Harkin, a key sponsor, described it as
the "20th century Emancipation Proclamation for all persons with
disabilities." Senator Robert Dole called it "the most comprehensive
civil rights legislation our Nation has ever seen."
With the assistance of job coaches, such as that afforded to Mr.
Littleton, doors to employment have opened through what is called
"sup****ted employment." Sup****ted employment is paid, competitive
work for people who have severe disabilities and a demonstrated
inability to gain and maintain traditional employment.
Earnings in sup****ted employment are estimated to be nearly $600
million annually, with over $100 million paid by such disabled workers
in federal state and local taxes; individuals with disabilities in
sup****ted employment increased their annual earnings 490%. People with
disabilities in sup****ted employment rose from about 10,000 persons in
FY 1986 to 139,812 in FY 1995. The number of sup****ted employment
provider agencies grew steadily from an initial count of 324 for FY
1986 to 3,690 in FY 1995..
The attorney for Mr. Littleton is David Ferleger, Esq., Bala Cynwyd,
PA. david@[EMAIL PROTECTED]
610-668-3889.
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