Laws That Protect You

There are three main federal laws that protect people with learning disabilities from discrimination:

• Individuals with Disabilities Education Act (IDEA) of 2004

  Provides for special education and related services for children and young people with disabilities up to their 22nd birthday. The IDEA provides for a Free Appropriate Public Education (FAPE) and for an Individualized Education Program (IEP) for eligible students. Click here for more information about the most recent reauthorization of this law, IDEA 2004.

• Section 504 of the Rehabilitation Act (PL 93-112)

  Prohibits discrimination against children and adults with disabilities. It guarantees that people with disabilities have equal access to programs and services that receive federal funds. This includes public and private schools and colleges. It also applies to employers receiving federal funds.

• Americans with Disabilities Act Amendments Act (ADAAA)

  Effective January 1, 2009 - expands the interpretation of disability under the original Americans with Disabilities Act and protects school-age children and adults with disabilities from discrimination in employment, public, and privately-operated settings. The law applies to all public and most private schools and colleges, testing agencies, and licensing authorities. It also applies to state and local governments and to private employers with 15 or more employees.

*The above laws apply once you disclose your learning disability.

Disclosure

If you decide to disclose your learning disability, be prepared to discuss the following:

• The features of your specific learning disability
• How your LD affects your performance
• The accommodations or modifications you need to be successful on the job
• Examples of successes you have had in the past when you have used these accommodations

Be straightforward in your statements. Discuss your disability briefly, honestly, and in a positive light. For example, you might say something like the following: "I have a learning disability that affects my understanding of multi-step instructions when they are given verbally. You can help me by either writing the instructions down, or permitting me to either write them down or tape record them. In my last job, my supervisor always sent me email messages with instructions, and it worked out fine. In fact, I received an outstanding evaluation on my last performance review."

At this point, you should be prepared to answer questions about your learning disabilities. There is a common misunderstanding that learning disabilities are somehow related to other conditions like mental retardation or vision and hearing impairments. Be prepared to dispel these myths. You may even wish to give your employer a simple fact sheet on learning disabilities.

After you have come to an agreement with your employer about your specific LD-related needs, you might want to ask for a memo or letter documenting your discussion and detailing any specific accommodations that you have arranged. Asking for this memo should not be seen as adversarial, but rather as a record of mutual understanding of what you need to be productive on the job.

Job Checklist

Tips for Workplace Success*

1. Try to schedule interviews and on-site visits to get a feel for different kinds of workplace environments.
2. Request and review job descriptions before applying for positions.
3. Know your strengths and challenges and how these match up with different kinds of job positions.
4. 4. Apply for job positions for which you have the knowledge, skills and abilities.
5. 5. When you interview for a job, present yourself as a capable individual who can competently perform the job.
6. 6. You can disclose your learning disability after the job has been offered. Make sure to disclose in person, not over the telephone. It's a good idea to share this information with your supervisor or with someone else present, possibly a staff person from the personnel or human resources department.
7. 7. When you disclose that you have a learning disability, be sure to describe the necessary accommodations for you to perform your job, as well as the strategies you've developed that help you do your job well.
8. 8. Request that your supervisor give you a list of job performance expectations in writing.
9. 9. Ask for a schedule of when your performance evaluations will take place. Be sure to find out what the performance evaluation will entail and how your work will be evaluated.
10. 10. Know when and how to request workplace accommodations.
11. 11. If workplace accommodations are provided, be sure that you and your supervisor review how well the accommodations are working and agree to make adjustments if necessary.
12. 12. Never use your learning disability as an excuse for not doing your best.

*Adapted from Linkages, Spring 1995, Vol. 2, No. 1, Washington, DC: National Adult Literacy and Learning Disabilities Center Job Checklist