David Ferleger wrote:
> May be distributed.
> david@[EMAIL PROTECTED]
>
> The 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.
>
David, email me at my first dot last name at gmail dot com
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