The district court granted summary judgment against the plaintiff, who alleged that the University violated the ADA and the Rehab. Act by denying his request for learning disability (difficulty reading) accommodations and dismissing him for failure to meet the academic requirements of the medical school. ?The Ninth Circuit affirmed, holding that as “a person who has achieved considerable academic success [without special accommodations], beyond the attainment of most people or of the average person” the plaintiff could not, as a matter of law, demonstrate that he is “disabled” in his ability to learn under the Acts (i.e, show he is substantially limited in major life activities). ?The dissent aptly noted the majority’s ruling is a Catch 22 because to be admitted to school the student must meet minimum requirements that the court uses to establish that the student is not disabled. Wong v. Regents of Univ. of Calif., No. 01-17432 (08/18/04; Beezer, Thomas, Clifton).
Academic Success Undermines Claim for Reasonable Accommodation for Reading Disability
Aug 18, 2004