13.07.2015 Views

CHRO ex. rel. Lenotti v. City of Stamford - Connecticut Employment ...

CHRO ex. rel. Lenotti v. City of Stamford - Connecticut Employment ...

CHRO ex. rel. Lenotti v. City of Stamford - Connecticut Employment ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Valley Central School District, supra, 63 F.3d 138-39. Once the complainant hassatisfied his burden, the respondent has the burden to prove the accommodation wouldbe unreasonable or would cause undue hardship. Id.aDisabilityFirst, there is no dispute that the respondent is subject to the <strong>Connecticut</strong> fairemployment laws and, therefore, § 46a-60 (a) (1) is applicable as alleged. Second,under § 46a-51 (19), a person with a learning disability is defined as “an individual who<strong>ex</strong>hibits a severe discrepancy between educational performance and measuredintellectual ability and who <strong>ex</strong>hibits a disorder in one or more <strong>of</strong> the basic psychologicalprocesses involved in understanding or in using language, spoken or written, which maymanifest itself in a diminished ability to listen, speak, read, write, spell or to domathematical calculations.” The respondent argued that the complainant does not meetthe statutory definition <strong>of</strong> being learning disabled because he has not presentedevidence showing that he is an individual “who <strong>ex</strong>hibits a severe discrepancy betweeneducational performance and measured intellectual ability and who <strong>ex</strong>hibits a disorderin one or more <strong>of</strong> the basic psychological processes involved in understanding or inusing language.” R. Brief, p. 25.However, according to Boller’s psychological evaluation, the complainant has alanguage-based learning disability. FF 15. She reported that the complainant’s “[b]asicdecoding and spelling skills fell in the low average range and represent a clear andsignificant discrepancy between his high average to superior cognitive ability. Thisdiscrimination in order to analyze the complainant’s claim <strong>of</strong> failure to reasonably accommodate. C. Brief, pp. 26-32.Page 14 <strong>of</strong> 49

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!