[blindlaw] Largest Bar Exam Prep Class Provider Agrees to Settlement Over Allegations of Discrimination Against Blind Students

[Deepa Goraya]

Colleagues,

I wanted to share our good news in the resolution of our case against
Barbri Bar Review. Below is the press release with the linked
complaint and consent decree. Thank you to Claire Stanley, Derek
Manners, and Christopher Stewart for their perseverance in resolving
this issue, and to Tai Tomasi and all those who first brought this to
our attention!

DEEPINDER K. GORAYA, ESQ. | Staff Attorney, Disability Rights Project
Washington Lawyers' Committee for Civil Rights and Urban
Affairs<http://www.washlaw.org/>
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From: WLC
Sent: Wednesday, January 24, 2018 10:48 AM
To: WLC <WLC at washlaw.org<mailto:WLC at washlaw.org>>
Subject: PRESS RELEASE: Largest Bar Exam Prep Class Provider Agrees to
Settlement Over Allegations of Discrimination Against Blind Student


Washington Lawyers' Committee Press Release





[cid:image002.png at 01D394FC.B43B7020]<http://www.washlaw.org/news/685-largest-bar-exam-prep-class-provider-agrees-to-settlement-over-allegations-of-discrimination-against-blind-students>

FOR IMMEDIATE RELEASE


January 24, 2018

Media Inquiries:
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Gregg Kelley / (202) 319-1000
Gregg_kelley at washlaw.org<mailto:Gregg_kelley at washlaw.org>


LARGEST BAR EXAM PREP CLASS PROVIDER AGREES TO SETTLEMENT OVER
ALLEGATIONS OF DISCRIMINATION AGAINST BLIND STUDENTS


BarBri, Inc. agrees to revamp core products and internal practices for
improved accessibility

DALLAS, TEXAS - Blind law students enrolled in a bar exam class
offered by BarBri, Inc - host of the country's largest bar prep course
-- settled their claims this week alleging the company denied them
fair and equal access to critical components of BarBri's test prep
offerings, including its mobile application, website and course
materials. Despite multiple attempts by the students to alert
management to these concerns, the lawsuit alleged the company's
actions not only prevented blind students from fully enjoying the
resources to which they were contractually entitled, but also
undermined their ability to effectively prepare for the bar exam.



BarBri agreed as part of a court-enforced consent
decree<http://www.washlaw.org/pdf/2018_01_24_consent__decree_barbri.PDF>
to update its online products using industry-recognized web
accessibility guidelines, and to strengthen internal processes,
training and staff resources for ensuring compliance with these
standards. The plaintiffs are represented by the Washington Lawyers'
Committee, Cohen Milstein Sellers & Toll, and the Texas Civil Rights
Project.



"The bar exam is the final step for entry into the profession and bar
review courses have become an essential part of preparing to take the
exam," said Jonathan Smith, Executive Director of the Washington
Lawyers' Committee for Civil Rights and Urban Affairs. "This
settlement clears unreasonable and unlawful barriers standing in the
way of blind bar exam takers and ensures that the legal profession is
open to all."



"The settlement marks an important victory for blind students, who
despite years of hard work and dedication, often face significant
hurdles in achieving their professional and academic dreams," said
Shaylyn Cochran, co-counsel for the plaintiffs and a member of the
Civil Rights & Employment Practice at Cohen Milstein Sellers & Toll.
"Far too often, our society fails to recognize the significant
challenges that those with disabilities face, often fueled, as in this
case, by the blatant disregard for the rights guaranteed to them by
law. We are proud to have helped secure this measure of justice for
our clients and hope it strengthens the ability of BarBri and others
across the education sector to better serve all students."



Dallas-based BarBri Inc offers legal education and certification
courses for American and international students and hosts the "BarBri
Bar Review", the largest bar exam preparation class in the country.
This offering includes traditional, in-person components such as live
lectures and classroom sessions, as well as an array of online and
mobile-based resources, including practice questions, test guides,
chat rooms and digital platforms for providing real-time feedback and
assessments. BarBri touts many of these online tools as integral to
maximizing the company's offerings and ensuring "peak performance"
during the exam.



In a 2016 lawsuit filed in Texas federal court, blind law students
enrolled in the "Bar Review" course alleged BarBri not only failed to
ensure equal and timely access to these digital resources and other
course materials, but refused to take corrective action after being
notified, inhibiting the students' ability to effectively prepare for
the bar exam. The actions, according to the lawsuit, constituted a
violation of federal and state laws barring discrimination against
individuals with disabilities and mandating that reasonable
accommodations be made to improve accessibility.



As part of the court-enforced consent decree, BarBri agreed to
injunctive remedies aimed at improving accessibility for its core
online products, as well as strengthening internal processes for
serving customers who are blind or with low vision. This includes
modifications to the company's web content, mobile applications, and
study tools using the Web Content Accessibility Guidelines (WCAG) - a
set of internationally-and industry-recognized standards for ensuring
web content is accessible to those with disabilities. Additionally,
BarBri has agreed to create new staff and training resources to
strengthen compliance with these standards, as well as new internal
processes to ensure that requests for accommodations, such as Braille
or large-print materials, are handled in a timely and efficient
manner.



"As a blind professional, I, like many other professionals with
disabilities, must often carry a burden of injustice while pursuing my
dreams, and that's why I'm proud that my co-plaintiffs and I were able
to hold a company like BarBri accountable to all students," said
Christopher Stewart, one of the named plaintiffs in the case.
"Everyone who seeks to make their world a better place through hard
work, diligence, and perseverance should have a fair and equal
opportunity to do so. With the consent decree enforceable for the next
three years, my co-plaintiffs and I are committed to ensuring BarBri's
course is accessible for all. We encourage blind students to seek our
help if they experience any challenges or issues, and I look forward
to a great user experience when I prepare for a second state's bar
exam next year."



Individuals who are blind or low vision often rely on screen access
software, which either vocalizes information on a computer screen or
displays the content on a refreshable Braille display. However,
websites and mobile applications must have the proper coding to ensure
these components are compatible with talking screen readers. Despite
accommodation requests made in advance by the plaintiffs and a notice
on BarBri's website guaranteeing compliance with anti-discrimination
laws, the 2016 lawsuit detailed wide-ranging technological barriers
and functionality issues that undermined the students' ability to
access and utilize BarBri's resources.



This included the experiences of Claire Stanley, an aspiring
disability rights attorney and paying participant in BarBri's bar exam
prep course. In 2015, Ms. Stanley often attended live lectures as part
of her enrollment in the class, where instructors frequently
referenced online components, such as practice tests, study
itineraries and personalized assignments.



According to the
complaint<http://www.washlaw.org/pdf/2018_01_24_amended_complaint.PDF>,
these resources were not fully accessible to blind students. This
included issues with BarBri's online practice exams, which prevented
blind students from taking these tests as advised by their
instructors, as well as course reading materials that were
incompatible with their talking screen access software. The complaint
also alleged that many features of BarBri's mobile platform, such as
real-time feedback, comparative rankings, and lecture handouts, were
largely inaccessible to blind students. Ultimately, the lawsuit
alleged these barriers to access had a significant effect on Ms.
Stanley's progress in the course, rendering her unable to pass the
2015 bar exam and forcing her to hire another tutor through the
company at her expense.



The complaint also noted that others faced similar challenges in
utilizing the tools they paid for to the fullest extent. Despite both
students contacting BarBri staff prior to starting the course,
Christopher Stewart and Derek Manners -- graduates of University of
Kentucky Law School and Harvard Law School, respectively -- were
forced to attend several lectures without receiving accessible
materials, placing them at a severe disadvantage compared to their
peers. Additionally, Mr. Manners and Mr. Stewart could not properly
use the company's mobile application to view course documents, and
software coding issues with BarBri's website prevented blind students
from accessing "pop-up" alerts or tracking their progress after
practice exams.



Furthermore, the lawsuit detailed numerous attempts to raise these
accessibility concerns with BarBri management, - most notably, the
Washington Lawyers' Committee for Civil Rights and Urban Affairs,
twice sent a letter to BarBri on Ms. Stanley's behalf, but the company
failed to respond.



According to the lawsuit, BarBri's actions constituted a violation of
the Americans with Disabilities Act, enacted in 1990 to combat
discrimination against individuals with disabilities. As a "place of
education," the lawsuit alleged the company wrongfully denied full and
equal access to key components of its bar exam prep course, such as
its website and mobile app, for blind participants. Furthermore, the
lawsuit argued BarBri's behavior constituted a violation of Texas
state law, namely Chapter 121 of the Texas Human Resources Code, which
similarly forbids entities from discriminating against individuals
with disabilities and mandates that reasonable accommodations be made
to enhance accessibility.

###

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