42 U.S.C. § 12189
Examinations and courses
Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.
Notes of Decisions
Cited in 79
cases (19 in the last 5 years), 1994–2025 · leading case: Angelo Binno v. The American Bar Association
Angelo Binno v. The American Bar Association (2016)
“”4 Without relevant documentation, but nevertheless convinced that he had been denied admission to three law schools in Michigan because of poor LSAT scores that were the result of discriminatory testing, Binno sued the ABA, alleging violation of Section 309 of the ADA’s Title…”
Enyart v. National Conference of Bar Examiners, Inc. (2011)
“This would result in Enyart’s disability severely limiting her performance on the exam, which is clearly forbidden both by the statute [ 42 U.S.C. § 12189 ] and the corresponding regulation [ 28 C.”
PGA Tour, Inc. v. Martin (2001)
“" 42 U. S. C. § 12189 . If open tryouts were "privileges" under § 12182, and participants in the tryouts "customers," § 12189 would have been unnecessary.”
Department of Fair Employment & Housing v. Law School Admission Council Inc. (2012)
“§ 12102 (4)(E)(i)(I); (2) LSAC’s policy of flagging score reports of individuals receiving additional time failed to ensure that the LSAT measured aptitude, rather than disability, in violation of 42 U.S.C. § 12189 and 28 C.F.R. § 36.309 ; (3) LSAC’s flagging policy unlawfully…”
John DOE v. NATIONAL BOARD OF MEDICAL EXAMINERS, Appellant (1999)
“In so doing, we conclude that section 309 of Title III, 42 U.S.C. § 12189 , the section specifically governing examinations, and not section 302, 42 U.”
Wayne Soignier v. American Board of Plastic Surgery (1996)
“On May 9, 1995, Soignier sued the Board alleging that the accommodations offered him did not satisfy 42 U.S.C. § 12189 of the ADA, which mandates that professional certification examinations be offered in a place and manner acceptable to the disabled.”
Jones v. National Conference of Bar Examiners (2011)
“” 42 U.S.C. § 12189 . The regulations that implement this mandate provide that Defendant: must ensure that the examination is selected and administered so as to best ensure that, when the examination is administered to an individual with a disability .”
Jessica Ramsay v. National Board of Medical Exam (2020)
“42 U.S.C. § 12189 . The issue here is whether Ramsay has a “disability” that entitles her to an accommodation.”
Love v. Law School Admission Council, Inc. (2007)
“On July 7, 2006, Plaintiff Jonathan Love filed a Complaint against Defendant, the *207 Law School Admissions Council (“LSAC”), alleging that his rights under Title III of the American With Disabilities Act (“ADA”), 42 U.S.C. § 12189 , 1 had been violated because he had been…”
Shaywitz v. American Board of Psychiatry & Neurology (2009)
“in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals,” 42 U.S.C. § 12189 . In order for a plaintiff to establish a prima facie violation under the ADA, he must demonstrate (1) that he is a “ ‘qualified…”
Michael Gonzales v. National Board of Medical Examiners (2000)
“42 U.S.C.A. § 12189 (West 1995). The DOJ regulations provide that an examination covered by this section be selected and administered to accurately reflect the individual’s aptitude or achievement level, rather than his impairment.”
Law School Admission Council, Inc. v. State (2014)
“” ( 42 U.S.C. § 12189 .) Department of Justice regulations interpret this section to require the testing entity to ensure that “[t]he examination is selected and administered so as to best ensure that, when the examination is administered to an individual with a disability that…”
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