[Nfbc-info] FW: Multimillion-Dollar Settlement Levels the Playing Field for People with Disabilities in Law School Admissions

Tue May 27 23:10:55 UTC 2014

The Legal Aid Society Employment Law Center (LAS-ELC) of San Francisco also
contributed much to achieve the result here.  This is a truly remarkable
accomplishment.  Anyone who attempted the LSAT since 2009 should take a look
at this to determine if they are entitled to a payment.  And our community
should keep the DFEH in mind for future civil rights impact matters.  

-----Original Message-----
From: Nfbc-info [mailto:nfbc-info-bounces at nfbnet.org] On Behalf Of Clark,
Ted A at DOT via Nfbc-info
Sent: Tuesday, May 27, 2014 11:31 AM
To: 'NFB of California List'
Subject: [Nfbc-info] FW: Multimillion-Dollar Settlement Levels the Playing
Field for People with Disabilities in Law School Admissions

From: DFEH, PublicAffairs at DFEH [mailto:publicaffairs at DFEH.CA.GOV]
Sent: Tuesday, May 20, 2014 9:05 AM
To: DFEH at LISTSERV.STATE.CA.GOV
Subject: Multimillion-Dollar Settlement Levels the Playing Field for People
with Disabilities in Law School Admissions

[cid:image003.jpg at 01CF740A.45B7C480]

May 20, 2014
For Immediate Release
Contact: Fahizah Alim
(916) 743-2374
fahizah.alim at dfeh.ca.gov<mailto:fahizah.alim at dfeh.ca.gov>

MULTIMILLION-DOLLAR SETTLEMENT LEVELS THE PLAYING FIELD FOR PEOPLE WITH
DISABILITIES IN LAW SCHOOL ADMISSIONS

ELK GROVE - The California Department of Fair Employment and Housing (DFEH)
announced today a multimillion-dollar settlement that prohibits the Law
School Admission Council (LSAC) from discriminating against people with
disabilities who take the Law School Admission Test (LSAT).
(HTML<http://www.dfeh.ca.gov/consentdecreeindfehvlsac.htm> |
PDF<http://www.dfeh.ca.gov/res/docs/LSAC/Consent%20Decree%20with%20exhibit%2
01.pdf>) Requiring reasonable accommodations for test takers with
disabilities, the more than $8 million agreement was a successful
collaboration between state and federal civil rights agencies and the
private bar.

"This settlement ensures fairness and levels the playing field for persons
with disabilities to enter the legal profession," said Anna Caballero,
Secretary of the Business Consumer Services and Housing Agency. "The
Department of Fair Employment and Housing continues to take steps to ensure
that the underrepresented are helped."

The settlement, filed Tuesday in federal court for approval by United States
District Judge Edward M. Chen, includes an $8.73 million payment, of which
$6.73 million will be equally distributed to an estimated 6,300 individuals
nationwide who applied for testing accommodations on the LSAT from January
1, 2009 through May 20, 2014. This total includes attorney's fees and costs
to DFEH.

"DEFH took down a longstanding barrier to entering the legal profession for
people with disabilities," said Phyllis W. Cheng, DFEH Director. "California
once more leads the way in opening doors for all who strive to become future
attorneys regardless of disability."

The complaint arose from DFEH's two-year investigation which began after the
Department received complaints of discrimination from individuals who had
requested testing accommodations on the LSAT, the examination required for
admission to most law schools.

In July 2010, Cheng issued a Director's complaint alleging that LSAC denied
reasonable accommodations to prospective test takers with disabilities, and
that whenever a test-taker received testing accommodations, LSAC sent a
letter which informed law schools that 1) the applicant was an individual
with a disability; 2) the applicant's LSAT scores "did not have the same
meaning" as other applicant's test scores; and 3) that the applicant's test
scores had to be viewed "with great sensitivity and flexibility."
(HTML<http://www.dfeh.ca.gov/directorcomplaintDFEHvLSAC.htm> |
PDF<http://www.dfeh.ca.gov/res/docs/LSAC/Director's%20Complaint%20(1).pdf>)
The US Department of Justice joined in the federal court case, expanding it
to encompass nationwide claims.
(HTML<http://www.dfeh.ca.gov/federalcoutcomplaintdfehvlsac.htm> |
PDF<http://www.dfeh.ca.gov/res/docs/LSAC/Third%20Amended%20LSAC%20Group%20an
d%20Class%20Relief%20Complaint.pdf>)

"This nationwide settlement illustrates the important role that government
enforcement agencies can play in helping to secure relief for students with
disabilities," said Jocelyn Larkin, Executive Director of The Impact Fund a
nationally recognized expert in civil rights and systemic litigation. "Given
the difficulties that private plaintiffs can sometimes face in obtaining
class certification in disability rights cases, DFEH's ability to pursue
systemic litigation can help protect our significant civil rights principles
for all Californians."

The mission of the DFEH is to protect the people of California from unlawful
discrimination in employment, housing and public accommodations and from
hate violence. For more information, visit the Department's Web site at
www.dfeh.ca.gov<http://www.dfeh.ca.gov>.

###

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