ADA Requires Disability-Specific Accommodations - Brief Article
D. Diane HatchJane Vollmert, a dyslexic 21-year employee of the Wisconsin Department of Transportation (DOT), was unable to learn a new computer system introduced in July 1994. Though given one-on-one training, by April 1995 she could only complete 67 applications for disabled licenses a day, compared to 25 and 3O applications an hour by her co-workers. The DOT denied her request for a learning disability specialist because she had been given months of training. Vollmert was transferred to another position.
After Vollmert filed suit alleging failure to accommodate in violation of the Americans with Disabilities Act, the district court dismissed her claims. However, the 7th Circuit Court of Appeals reinstated her case, based primarily on a vocational expert's report that, with training geared specifically to overcome her dyslexia, Vollmert could have successfully mastered the new system. Because the accommodation of one-on-one training provided to Vollmert was not tailored to address her disability, it was not reasonable. Vollmert vs. Wisconsin Department of Transportation, 7th Cir., No. 98-3673, 11/24/99.
Impact: Employers must ensure that accommodations are tailored to an employee's specific disability.
D. Diane Hatch, Ph.D., is a human resources consultant based in San Francisco. James E. Hall is an attorney with the law firm of Barlow, Kobata and Denis, with offices in Los Angeles and Chicago.
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