The ADA and private professional certification
By Jerald Jacobs, Julia Judish, Dawn Crowell Murphy and Chris Leuchten
Title III of the Americans with Disabilities Act (ADA), as amended, mandates that private entities offering examinations or courses related to certain applications, licensing, certification or credentialing ensure that such exams and courses are accessible to individuals with disabilities or offer alternative accessible arrangements. Those involved with any aspect of credentialing examinations should pay careful attention to what aids or accommodations must be offered by law.
For an individual to be considered disabled under the ADA, it must be shown that the individual has an impairment that substantially limits one or more of the individual’s major life activities, without regard to mitigating measures such as medicine. If a disabled individual seeks to take an examination offered by a private entity regulated under Title III of the ADA, the Department of Justice (DoJ) regulations require the test be administered so as to ‘best ensure’ that the examination results accurately reflect the individual’s aptitude or achievement level, rather than the individual’s disability. Courts have interpreted this ‘best ensure’ standard in a broad, plaintiff-friendly manner.
Operators of testing facilities must provide physical spaces that meet ADA accessibility standards. In addition, they may also be required to provide test-taker-specific modifications such as private rooms, individual readers or specific software for those who have a hearing or visual impairment. The test centres that hold the examinations aren’t the only entities regulated by Title III; organisations that help develop and administer the tests also must provide necessary modifications…
Click on the link below to read the rest of the Pillsbury briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.