Dyslexics Denied “Equal Access”
Saturday, November 1st, 2008
On October 30th 2008 the First District Court of Appeal in
The entire ruling can be found at: http://www.courtinfo.ca.gov/opinions/documents/A117071.PDF
This is, of course a step back in the area of discrimination for dyslexics. Based on the language of the ruling I believe that the three panel court does not adequately understand the nature of dyslexia.
One point that I find interesting is the concept of “equal access.” Clearly if a medical student was denied access to the MCAD because he or she could not physically get to the testing location (i.e. having a disability requiring an elevator instead of walking up stairs) this would be a violation. However the access required for the dyslexic is non-physical (i.e. more time needed to take a test or write an essay).
Perhaps if the court understood the nature of dyslexia they would realize that providing someone who is unable to climb stares with an elevator and providing someone who is unable to quickly process phonemes more time for testing are both providing “equal access.”