Facts

Erika Ewing registered to take the Law School Admissions Test (LSAT), administered by the defendant Law School Admissions Council (LSAC). Ewing requested accommodation for her diagnosed Attention Deficit Hyperactivity Disorder (ADHD) of one and one half times the regular time limit to take the exam. LSAC denied her request and Ewing took the test without accommodation. Over three years, she registered for the LSAT nine times and took the exam four times, each time being denied accommodation. The Department of Fair Employment and Housing (DFEH) filed a complaint on her behalf.

PLAINTIFF'S CONTENTIONS:
According to DFEH, LSAC discriminated against the disabled when it refused to accommodate Ewing's disability. Specifically, the DFEH contended that the LSAC violated the Unruh Civil Rights Act that provides equal advantages and services in all establishments doing business in California. Their refusal to accommodate Ewing, DFEH alleged, resulted in her hindered performance and lower scores on the LSAT.

Result

In a settlement, LSAC agreed, on a one-time basis, to give Ewing one and one half as much time as non-disabled applicants to take the September 2009 LSAT. Also, LSAC agreed to extend the deadline to use an exam fee waiver it previously issued Ewing for a prior testing date. In so settling, LSAC did not admit liability or acknowledge that plaintiff's allegations were valid.