University of Michigan Law School
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Case Name Settlement Agreement Between the United States of America and the Law School Admission Council DR-MN-0002
Docket / Court DJ# 202-39-97 ( No Court )
State/Territory Minnesota
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
Sometime during or after October, 2009, a person ("complainant") with a learning disability, Attention Deficit Hyperactivity Disorder (ADHD), and hypertonia (a disability that limits the ability of affected person to move) filed a complaint with the U.S. Department of Justice for the District of ... read more >
Sometime during or after October, 2009, a person ("complainant") with a learning disability, Attention Deficit Hyperactivity Disorder (ADHD), and hypertonia (a disability that limits the ability of affected person to move) filed a complaint with the U.S. Department of Justice for the District of Minnesota against the Law School Admissions Council (LSAC) under the Americans with Disabilities Act (ADA) 42 U.S.C. 12189 and its implementing regulations 28 C.F.R. 36.309. The complainant alleged that LSAC twice wrongfully denied his request for reasonable accommodations that would "best ensure" that the LSAT measured whatever it claimed to measure and instead of his disability.

The U.S. Department of Justice investigated the claim and concluded that the LSAC did violate the ADA by denying complainant his request for accommodations that the complainant had received on other standardized tests and pursuant to his Individual Education Plan (IEP).

On September 27, 2011, the U.S. Department of Justice, acting on behalf of complainant, entered into a settlement agreement with LSAC. In exchange for a termination of the complaint, LSAC agreed to grant the complainant his requested accommodations of double the standard allotted time, use of scratch paper, a non-scantron answer sheet, use of his own computer, a separate quiet room, and a ten minute break between each section of the test. Complainant's test will be marked by LSAC when it is submitted to law schools to indicate that he received accommodations on the test pursuant the settlement agreement.

Brian Kempfer - 03/29/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Reasonable Accommodation
Retaliation Prohibition
Disability
disability, unspecified
Mental impairment
Mobility impairment
Discrimination-area
Accommodation / Leave
Testing
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Education
Reasonable Accommodations
Retaliation
Test or device
Testing
Mental Disability
Learning disability
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Non-government non-profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Law School Admission Council
Plaintiff Description United States Department of Justice on behalf of complainant with with a learning disability
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2011 - 2011
Case Closing Year 2011
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Settlement Agreement Between the United States of America and the Law School Admission Council, Inc. 09/27/2011
DR-MN-0002-0001.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Brooker, Gregory G (Minnesota)
DR-MN-0002-0001
Jones, B. Todd (Minnesota)
DR-MN-0002-0001
Samie, Bahram (Minnesota)
DR-MN-0002-0001
Defendant's Lawyers Van Tol, Joan E. (Pennsylvania)
DR-MN-0002-0001
Other Lawyers None on record

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