cbg said:
Whoa, hold the fort a minute.
A learning disability may or may not qualify under the ADA. Not all learning disabilities qualify and even the ones that do, don't automatically qualify by virtue of the fact that you have it. EVEN IF YOURS DOES, that does not mean that you're automatically entitled to be exempted from the regulation that you need to pass the test. It's ENTIRELY possible that giving you four tries at passing WOULD be considered a reasonable accomodation under the ADA.
I'm not saying don't call the EEOC and I'm not saying don't contact an employment attorney - I'm saying don't assume that any laws have been violated. Having a learning disability is not a get-out-of-jail-free card.
From pre employment applications:LD and ADA:
www.eeoc.gov/facts/jobapplicant.html
Q: Because of my learning disability, I need extra time to complete a written test. Does the ADA require an employer to modify the way a test is given to me?
Yes. An employer may have to provide testing materials in alternative formats or make other adjustments to tests as an accommodation for you. The format and manner in which a test is given may pose problems for persons with impaired sensory, speaking, or manual skills, as well as for those with certain learning disabilities. For example, an applicant who is blind will not be able to read a written test, but can take the test if it is provided in braille or the questions are tape recorded. A deaf person will not understand oral instructions, but these could be provided in a written format or through the use of a sign language interpreter. A 30-minute timed written test may pose a problem for a person whose learning disability requires additional time.
Thus, the ADA requires that employers give application tests in a format or manner that does not require use of your impaired skill, unless the test is designed to measure that skill.
Example: An employer gives a written test for a proofreading position. The employer does not have to offer this test in a different format (e.g., orally) to an applicant who has dyslexia because the job itself requires an ability to read.
Example: An employer gives a written test to learn about an applicant's knowledge of marketing trends. Maria is blind and requests that the test be given to her in braille. An individual's knowledge of marketing trends is critical to this job, but the employer can test Maria's knowledge by giving her the test in braille. Alternatively, the employer could explore other testing formats with Maria to determine if they would be effective for example, providing a reader or a computer version of the test.