Case: Settlement Agreement Between the United States of America and the Law School Admission Council

DJ# 202-39-97 | No Court

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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 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…

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.

Summary Authors

Brian Kempfer (3/29/2014)

People


Attorney for Plaintiff

Brooker, Gregory G (Minnesota)

Jones, B. Todd (Minnesota)

Samie, Bahram (Minnesota)

Attorney for Defendant

Van Tol, Joan E. (Pennsylvania)

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Documents in the Clearinghouse

Document

02-03997

Settlement Agreement Between the United States of America and the Law School Admission Council, Inc.

Settlement Agreement Between the United States of America and the Law School Admission Council, Inc.

Sept. 27, 2011

Sept. 27, 2011

Settlement Agreement

Docket

Last updated Aug. 30, 2023, 2:52 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Minnesota

Case Type(s):

Disability Rights

Key Dates

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice on behalf of complainant with with a learning disability

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Law School Admission Council, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $0

Order Duration: 2011 - 2011

Content of Injunction:

Reasonable Accommodation

Retaliation Prohibition

Issues

General:

Education

Retaliation

Testing

Test or device

Disability and Disability Rights:

Reasonable Accommodations

disability, unspecified

Mental impairment

Mobility impairment

Learning disability

Discrimination-area:

Accommodation / Leave

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Non-government non-profit