Inability to Type Not a Disability

gizmo_mathboy writes: "The 9th Circuit Court has ruled that not being able to type does not give one protection/privilege under the Americans with Disabilities Act(ADA). This article on Yahoo! has information concerning the case."

Comments

Common Sense

[Jon Peterson]

The dissenter said "the majority's ruling ignores the reality that computers and the ability to type and write are essential skills in the modern world."

But, the person in question _could_ type and write - just not fast and not for extended periods of time. A small minority of jobs require being able to type or write extensively.

Many fat middle aged Americans can't walk or run either fast or for an extended period of time, but they don't get away with disability allowance for that.

The court or the report may be wrong.

[www.sorehands.com]

First, being a reporters is different from being a software developer. A reporter deals in a human language -- words are not as mutable as variable names. Blower is a old newspaper term describing a person who takes news reports over the phone and types them up.

Second, with an RSI, it does not only prevent one from using a keyboard, but when severe, you have problems sleeping (from the pain), and eating (because you keep droping things), or shopping, because your hand strength goes to almost nothing.

You also have to keep in mind that the ADA analysis is a fact specific test that is done on a case by case basis. There are circuits that ruled in one case that CTS is a disability, and in another ruled that it was not. This does not say if they also considered the state disability laws - which have a different standard for disability.