Testing Applicants with Disabilities

The Bar Examiner, vol. 73, No.1 , 2004

27 Pages Posted: 1 Dec 2011

See all articles by Gregory M. Duhl

Gregory M. Duhl

William Mitchell College of Law

Stuart Duhl

Harrison & Held, LLP; Loyola University Chicago School of Law

Date Written: 2004

Abstract

All jurisdictions provide reasonable accommodations for applicants with disabilities who are otherwise qualified to sit for the bar examination. The provision of accommodations is primarily a result of the comprehensive federal law known as the Americans with Disabilities Act (“the ADA”), passed by Congress in 1990 to prohibit discrimination against persons with disabilities. The ADA protects both applicants with physical disabilities and those with mental disabilities, and accommodations include not only additional testing time, longer and more frequent breaks between testing sessions, and private testing rooms, but also other auxiliary aids and services designed to enable effective communication to and from bar examination applicants.

Prior to the adoption of the ADA in 1990, jurisdictions provided accommodations primarily to applicants with physical disabilities, including visual and motor impairments. While applicants have continued to request accommodations for physical disabilities under the ADA, the more challenging cases for bar examiners arise when applicants claim they have mental impairments, as those impairments are not always easily diagnosed or documented. A more detailed discussion of how the ADA affects testing accommodations for bar examination applicants follows, with recommendations as to how bar examiners should address requests for accommodations from applicants with disabilities.

Keywords: ADA, bar exam, Americans with Disabilities Act, reasonable accommodations, testing accommodations

Suggested Citation

Duhl, Gregory M. and Duhl, Stuart, Testing Applicants with Disabilities (2004). The Bar Examiner, vol. 73, No.1 , 2004. Available at SSRN: https://ssrn.com/abstract=1966254

Gregory M. Duhl (Contact Author)

William Mitchell College of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
(651) 290-6409 (Phone)

Stuart Duhl

Harrison & Held, LLP ( email )

333 West Wacker Drive
Chicago, IL 60606
United States

Loyola University Chicago School of Law

25 E. Pearson
Chicago, IL 60611
United States

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