[nabs-l] FW: [nfbwnews] FW: [blindlaw] Great Opinion in Enyart v. NCBE

[Carrie Gilmer]

:)

-----Original Message-----
From: nfbwnews-bounces at nfbwis.org [mailto:nfbwnews-bounces at nfbwis.org] On
Behalf Of Hyde, David W. (ESC)
Sent: Wednesday, January 05, 2011 8:04 AM
To: 'Gorman, Mary M - DHS (Mary.Gorman at dhs.wisconsin.gov)'; 'nfb of
wisconsin (nfbwnews at nfbwis.org)'; 'mabullis at hotmail.com'
Subject: [nfbwnews] FW: [blindlaw] Great Opinion in Enyart v. NCBE

You can read this for yourself, but I'll summarize.
If it stands, and has precedent value this means that:
1. A private testing or regulatory entity cannot determine which
accommodations it will offer, and may not refuse to offer others unless they
can show that doing so would compromise the test or impose an undue
hardship.
2.The accommodations must be fitted to the person, not the person to the
accommodation.
3. Refusal to make specific accommodations can be considered irreparable
damage to the disabled person.

We'll se what happens next, but this is a most interesting ruling, and may
have implications for at least other private entities that produce tests
required for licensure. 

-----Original Message-----
6From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Scott C. LaBarre
Sent: Tuesday, January 04, 2011 3:02 PM
To: NFBnet Blind Law Mailing List
Subject: [blindlaw] Great Opinion in Enyart v. NCBE

Friends, we secured a wonderful victory in the Enyart case.  Please find an
accessible pdf attached.  The Panel upheld Judge Breyer's original ruling
that NCBE must provide the requested accommodations of Stephanie Enyart.
Additionally, the 9th Circuit made it clear that the DOJ regulation
requiring that test administraters provide the accommodations that best
insure that a person with a disability to take  the exam on a level playing
field applies.   
Scott C. LaBarre, Esq.

LaBarre Law Offices P.C.
1660 South Albion Street, Ste. 918
Denver, Colorado 80222
303 504-5979 (voice)
303 757-3640 (fax)
slabarre at labarrelaw.com (e-mail)
www.labarrelaw.com (website)

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