Three recent law graduates filed a discrimination lawsuit on September 14, 2020 against the State Bar of California.
The plaintiffs claim that the rules enacted for the state’s online version of the bar exam violate the Americans with Disabilities Act (ADA) as well as California law. Specifically, each of the plaintiffs’ disabilities prevents them from sitting for long durations without interruptions. As matters stand, the rules for the exam state that test takers requiring accommodations for such conditions must take the exam in person. The plaintiffs allege this in-person requirement places them at increased risk to COVID-19. The complaint asserts that other jurisdictions accommodated similar test-takers using technology and asks the court to instruct California to implement similar measures.
While this year marks the 30th anniversary of the ADA, lawyers with disabilities remain underrepresented in law firms. The NALP 2019 Report on Diversity in U.S. Law Firms found only 0.46% of partners with a reported disability. The same research shows 2.5-3.5% of law graduates report a disability.
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