Is a learning disability a covered disability under the Americans with Disability Act (ADA)?
Yes. The regulations adopted under the ADA define “disability” to include “A physical or mental impairment that substantially limits one or more of the major life activities.” 29 CFR 160.2; 28 CFR 35.104. A “physical or mental impairment” is defined in these regulations to include “Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.” However, this does not mean that a person who can’t read is considered disabled under the ADA unless the inability to read is a result of a learning disability such as dyslexia. If a person is illiterate because of a deficient education, he or she is not considered disabled under the ADA. • Are councilmembers covered by the employment provisions of the ADA? Yes. Although councilmembers and some other elected officials are not often considered regular employees (due to the minimal pay, particularly in smaller cities), the ADA covers such officials. • May a
