Recent Sixth Circuit Case Applies ADA Amendments Act to Plaintiff Seeking Testing Accommodation
June 23, 2009
Jonathan E. "Jon" O'Connell- Northern Virginia
On January 1, 2009, the Americans with Disabilities Amendments Act (the Amendments Act) went into effect. The amendments were passed by Congress in response to a series of United States Supreme Court decisions that significantly narrowed the scope of protection afforded to individuals under the Americans with Disabilities Act (ADA). The amendments eliminate the strict standard for finding that an individual is “disabled” and make it clear that the ADA should be interpreted in favor of broad coverage.
In Jenkins v. National Board of Medical Examiners, 2008 WL 410237 (6th Cir. Feb. 11, 2009), the plaintiff, a third-year medical student, filed a suit for declaratory injunctive relief in the United States District Court for the Western District of Kentucky seeking additional time to complete the United States Medical Licensing Examination. The plaintiff’s suit was based on a provision of the ADA requiring a professional licensing board to offer its examination “in a place and manner accessible to persons with disabilities.” 42 U.S.C. § 12189. The district court denied the plaintiff’s request, holding that he was not “disabled” under the ADA because he failed to “demonstrate how his reading difficulties limited his ability to perform tasks central to most people’s daily lives.” The district court’s reasoning was consistent with the narrow interpretation of the ADA prior to the enactment of the Amendments Act. While the plaintiff’s appeal to the Sixth Circuit Court of Appeals was pending, however, the Amendments Act went into effect.
Definition of “Disabled” Broadened
In reviewing the lower court’s finding that the plaintiff did not qualify as “disabled,” the Sixth Circuit observed that the district court relied on the United States Supreme Court precedent expressly rejected by Congress in the Amendments Act. The Court reasoned that because the ADA’s coverage is now broader, “[t]his breadth heightens the importance of the district courts’ responsibility to fashion appropriate accommodations.” Thus, the Court remanded the case and instructed the district court to analyze the plaintiff’s reading impairment in light of the recent amendments. The Court also noted that if the district court determined that the plaintiff is disabled, it must also determine what the National Board of Medical Examiners must do in order to ensure that its examination is offered “in a place and manner accessible to persons with disabilities.”
Educational institutions should be aware that the Amendments Act significantly expands the class of potential plaintiffs under the ADA. Consequently, schools should review their human resources and student accommodation policies in order to ensure that they are taking appropriate action when responding to requests for accommodations from students, teachers and staff.
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