Sara Granda and Stephanie Enyart earned the right to take the California Bar Exam. I say “earned” because in addition to graduating from law school and meeting the other requirements of the California Bar Examiners, both women suffered from disabling disabilities. This made them the intended beneficiaries of Congress of the Americans with Disabilities Act. [ADA].
Granda, was paralyzed from the neck down due to a car accident. Enyart suffers from Stargardt’s disease, which is a deterioration of the central vision system. When the State Bar Association refused to let her sit, Granda sued and took her case to the California Supreme Court. Enyart sued the National Committee of Bar Examiners for refusing to allow him to take the attorney exam using specially adapted technology designed for the visually impaired. Both women gained national attention in the media and eventually won.
Practicing attorneys with “hidden” ADA disabilities face a different set of obstacles than those like Granda and Enyart seeking initial admission to one of America’s state bar associations. Hidden disabilities include learning, psychological, and other rare disorders. There are reported cases where the opposing attorney may take advantage of an attorney’s hidden disability to gain an unfair advantage in litigation. One of those techniques is to file an ethical complaint that is not well founded in law or fact. Other charges that are often raised in these bogus disqualifications are that the disabled attorney engaged in “acts of moral turpitude” or was “disrespectful to the court.”
Because state bar associations are “public entities” under the ADA, subsequent discriminatory disbarment may constitute violations of Title II of the ADA. More violations can occur if the disabled attorney is denied full and fair participation in a disciplinary proceeding, or if other benefits based on his or her disability are denied.
Other discriminatory acts that may violate Title II arise when an attorney who resigns or is suspended or disqualified attempts to obtain reinstatement. In addition to the provisions of the ADA, the safeguards provided by the U.S. Constitution and federal civil rights statutes apply to the reinstatement process. Therefore, more violations could be found if the state bar official refuses to provide documents or imposes unfair and discriminatory limitations on the reinstatement process.
The most common recourse available to attorneys with hidden disabilities is to file an ADA complaint with the United States Department of Justice. The ADA is enforced by the agency’s Civil Rights Division. Local US prosecutors can receive, investigate, and refer ADA complaints. Upon receipt of a Title II ADA complaint, the Department of Justice will attempt to resolve the matter informally with the “public entity.” If this cannot be accomplished, it will provide the parties with a written fact-finding that includes applicable remedies.
Whatever the legal facts or theories, it is always recommended that the aggrieved attorney seek the advice of a competent and qualified attorney with experience in disability rights law.
Note: This article is for educational purposes only and is not intended to be legal advice.