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Reading Is 'Major Life Activity'

Employers must be aware of court decisions expanding the Americans with Disabilities Act (ADA). The Ninth Circuit Court has decided for the first time that reading is a major life activity, bringing employees who have reading difficulties within the protection of the ADA. In the case, Matthew Head, a barge offloader for Glacier Northwest Inc. (Glacier), was diagnosed with depression or bipolar disorder, and was subsequently discharged from his employment. Head sued the company, alleging he was terminated based on his disability and in retaliation for requesting a work accommodation. Head's lawsuit relied solely on his own affidavit that he suffered a substantial impairment in sleeping, interacting with others, thinking and reading. Glacier was able to have the lawsuit dismissed because Head failed to show medical evidence to prove hat he was disabled under the ADA. The Court reinstated the lawsuit, accepting Head's affidavit stating that he was unable to sleep more five or six hours a night, remained at home to avoid contact with others, could not stay focused for more than brief periods, had little short-term memory and could not look at written material for too long without things getting jumbled. The court concluded the evidence warranted a trial as to whether Head was impaired in the major life activities of sleeping, interacting with others, thinking and reading.
<< Head v. Glacier Northwest Inc., (Ninth Cir., July 6, 2005) No. 03-35567 >>