Case: National Federation of the Blind v. Law School Admissions Council

RG09436691 | California state trial court

Filed Date: Feb. 19, 2009

Case Ongoing

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Case Summary

On February 19, 2009, the National Federation of the Blind (NFB), the National Federation of the Blind of California, and a blind student law school applicant filed a lawsuit in the Superior Court of Alameda County, California against the Law School Admission Council (LSAC), the non-profit entity that administered the Law School Admission Test (LSAT). The plaintiffs, represented by counsel from the Disability Rights Advocates, alleged that the LSAC violated both the Disabled Persons Act (California Civil Code § 54 et seq) and the Unruh Civil Rights Act (California Civil Code § 51 et seq) by operating its website in a way that made it inaccessible to screen readers and therefore made it impossible for blind individuals to independently apply to law school.

On June 8, 2010, the plaintiffs amended their complaint to add University of California, Hastings College of Law; Thomas Jefferson School of Law; Whittier Law School; and University of Chapman School of Law as defendants as well as a new cause of action under Title II of the Americans with Disabilities Act (ADA). The plaintiffs claimed that the additional defendants discriminated against individuals with disabilities in violation of the three statutes by using LSAC's allegedly inaccessible website as a means of applying to their law schools.

On May 5 and October 12, 2010, NFB filed complaints against LSAC and multiple law schools with the Disability Rights Section of the U.S. Department of Justice alleging violation of Titles II and III of the ADA.

On April 25, 2011, the plaintiffs, and LSAC entered into a settlement agreement that the U.S. Department of Justice confirmed resolved the complaints and case against the LSAC and the various law schools. The settlement agreement, which lasts until September 1, 2014, required:

LSAC to redesign its website to meet WCAG 2.0, level AA non-visual requirements.

NFB to provide beta testing and subsequent semi-annual monitoring to ensure that LSAC's website was accessible and authorized NFB to charge $300 an hour in an amount not to exceed $35,000 for its beta testing and monitoring.

LSAC to train its employees with website duties in webpage accessibility and report on such training to NFB.

LSAC to report any complaints about the LSAC website made by individuals using screen readers and either resolve those complaints or collaborate with NFB to resolve those complaints

The parties to resolve disputes under the settlement by arbitration

LSAC to pay NFB $320,000 to partially reimburse it for its reasonable attorney's fees

Summary Authors

Brian Kempfer (6/1/2014)

People

Attorney for Plaintiff

Goldstein, Daniel F (Maryland)

Attorney for Defendant

Expert/Monitor/Master/Other

Darby, Robert E. (California)

Knight, David W. (District of Columbia)

Nichol, Allison (District of Columbia)

Nicholson, Kate M. (District of Columbia)

Attorney for Plaintiff

Goldstein, Daniel F (Maryland)

Attorney for Defendant

Van Tol, Joan E. (Pennsylvania)

Other

Darby, Robert E. (California)

Knight, David W. (District of Columbia)

Nichol, Allison (District of Columbia)

Nicholson, Kate M. (District of Columbia)

Paradise, Laurence W (California)

Vartain, Michael (California)

Documents in the Clearinghouse

Documents in this case

09-436691	[Docket] National Federation v. Law School Admission Council	May 9, 2011	May 9, 2011 Docket
09-436691	Settlement Agreement National Federation of the Blind v. Law School Admission Council	April 25, 2011	April 25, 2011 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
National Federation of the Blind (NFB), et al. v. Law School Admissions Council (LSAC) Disability Rights Advocates	The Law School Admission Council’s (LSAC) website is the gateway for aspiring law students to apply to law schools and to register for the Law School Admission Test (LSAT). Yet, LSAC operated a websi…	February 1, 2011	Feb. 1, 2011 https://dralegal.org/...

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Docket

Last updated Jan. 25, 2024, 1:04 p.m.

ECF Number	Date	Description
22560407	Feb. 19, 2009	Complaint - Civil Rights Filed (Amended) - Document: pages 9, price $7.0(Document Cost: $7.00)
22560441	Feb. 19, 2009	Civil Case Cover Sheet Filed for National Federation of the Blind - Document: pages 3, price $3.0(Document Cost: $3.00)
22560442	Feb. 19, 2009	Summons on Complaint Issued and Filed - Document: pages 1, price $1.0(Document Cost: $1.00)
22587099	Feb. 24, 2009	Initial Case Management Conference 07/09/2009 02:31 PM D- 510 - Document: pages 1, price $0.0
22587100	Feb. 24, 2009	Notice of Assignment of Judge for All Purposes Issued - Document: pages 3, price $3.0(Document Cost: $3.00)
22816586	April 15, 2009	Answer to Complaint Filed for Law School Admission Council, Inc. - Document: pages 8, price $6.5(Document Cost: $6.50)
22849027	April 23, 2009	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 9, price $7.0(Document Cost: $7.00)
22849093	April 23, 2009	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 8, price $6.5(Document Cost: $6.50)
22849104	April 23, 2009	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 8, price $6.5(Document Cost: $6.50)
	April 23, 2009	Motion for Pro Hac Vice Reservation Set for dept: 510 date: 06/10/2009 time: 02:30 PM
22878368	April 28, 2009	Stipulation and Order re Pro Hac Vice (Amended applications) Re: Other Exparte Filed: - Document: pages 27, price $16.0(Document Cost: $16.00)
22878442	April 28, 2009	Proof of Service by Mail Filed - Document: pages 5, price $5.0(Document Cost: $5.00)
22897863	May 5, 2009	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)
22897867	May 5, 2009	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)
22897871	May 5, 2009	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)
22898039	May 5, 2009	Stipulation and Order Re: Other Exparte Granted - Document: pages 1, price $1.0(Document Cost: $1.00)
23108800	June 23, 2009	Stipulation and Order Re: Continuance of Case Management Conference Filed for Law School Admission C - Document: pages 6, price $0.0
23119178	June 25, 2009	Stipulation and Order Re: Continuance of Case Management Conference Granted - Document: pages 1, price $0.0
23179295	July 9, 2009	Case Management Conference Commenced and Completed - Document: pages 1, price $0.0
23179296	July 9, 2009	Case Management Conference Order Issued - Document: pages 2, price $0.0
	July 9, 2009	Hearing Reset to Case Management Conf Continuance 08/11/2009 02:30 PM D- 510
23252075	July 27, 2009	Case Management Statement of National Federation of the Blind, The National Federation of the Blind - Document: pages 5, price $5.0(Document Cost: $5.00)
23254135	July 27, 2009	Proof of Service by Mail Filed - Document: pages 3, price $3.0(Document Cost: $3.00)
23256362	July 28, 2009	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 10, price $7.5(Document Cost: $7.50)
23256386	July 28, 2009	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 9, price $7.0(Document Cost: $7.00)
23270263	July 30, 2009	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)
23270269	July 30, 2009	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)
23292071	Aug. 5, 2009	Proposed Order Filed - Document: pages 6, price $5.5(Document Cost: $5.50)
23316000	Aug. 11, 2009	Case Management Conference Commenced and Completed - Document: pages 1, price $0.0
23316001	Aug. 11, 2009	Case Management Conference Order Issued - Document: pages 1, price $0.0
	Aug. 11, 2009	Case Management Conf Continuance 10/29/2009 02:30 PM D- 510
23592640	Oct. 15, 2009	Stipulation and Order Re: Continuance of Case Management Conference Filed for Law School Admission C - Document: pages 7, price $0.0
23599939	Oct. 16, 2009	Case Management Conference Order Issued - Document: pages 2, price $0.0
23599999	Oct. 16, 2009	Stipulation and Order Re: Continuance of Case Management Conference Granted - Document: pages 1, price $0.0
	Oct. 16, 2009	Hearing Reset to Case Management Conf Continuance 03/18/2010 02:30 PM D- 510
23716105	Nov. 14, 2009	Hearing Reset to Case Management Conf Continuance 03/18/2010 02:30 PM D- 608 - Document: pages 1, price $0.0
	Jan. 29, 2010	Court File Transfer to Fremont Hall of Justice
24157684	March 3, 2010	Case Management Statement of National Federation of the Blind, Deepa Goraya Filed - Document: pages 4, price $4.0(Document Cost: $4.00)
24157687	March 3, 2010	Proof of Service by Mail Filed - Document: pages 3, price $3.0(Document Cost: $3.00)
24224381	March 18, 2010	Case Management Conference Commenced and Completed - Document: pages 1, price $0.0
24224382	March 18, 2010	Case Management Conference Order Issued - Document: pages 1, price $0.0
	March 18, 2010	Case Management Conf Continuance 07/15/2010 02:30 PM D- 608
24523485	May 28, 2010	Stipulation and Order Re: Amend Complaint Filed for National Federation of the Blind, The National F - Document: pages 38, price $21.5(Document Cost: $21.50)
24523522	May 28, 2010	Proof of Service by Mail Filed - Document: pages 3, price $3.0(Document Cost: $3.00)
24531760	June 1, 2010	Proof of Service Filed - Document: pages 2, price $2.0(Document Cost: $2.00)
24552419	June 7, 2010	Order Granting Allowing Filing of Amended Complaint Filed - Document: pages 3, price $3.0(Document Cost: $3.00)
24557373	June 7, 2010	Stipulation and Order Re: Amend Complaint Granted - Document: pages 1, price $1.0(Document Cost: $1.00)
24565367	June 7, 2010	Order Granting The Filing Of Amended Complaint Filed - Document: pages 3, price $3.0(Document Cost: $3.00)
24562537	June 8, 2010	First Amended Complaint Filed - Document: pages 31, price $18.0(Document Cost: $18.00)
24562545	June 8, 2010	Proof of Service Filed - Document: pages 3, price $3.0(Document Cost: $3.00)
24563251	June 8, 2010	Summons Issued and Filed - Document: pages 2, price $2.0(Document Cost: $2.00)
24657861	June 30, 2010	Joint Case Management Statement Filed - Document: pages 12, price $8.5(Document Cost: $8.50)
24687206	July 8, 2010	Proof of Service on Amended Complaint Filed - Document: pages 3, price $3.0(Document Cost: $3.00)
24691216	July 9, 2010	Case Management Statement of The University of California Hastings College of the Law, Thomas Jeffer - Document: pages 11, price $8.0(Document Cost: $8.00)
24700997	July 12, 2010	Answer to 1st Amended Complaint Filed for Law School Admission Council, Inc. - Document: pages 13, price $9.0(Document Cost: $9.00)
24718843	July 15, 2010	Case Management Conference Commenced and Completed - Document: pages 2, price $0.0
24718844	July 15, 2010	Case Management Conference Order Issued - Document: pages 2, price $0.0
	July 15, 2010	Hearing Reset to Case Management Conf Continuance 11/05/2010 02:30 PM D- 608
24814760	Aug. 6, 2010	Answer to Complaint Filed for The University of California Hastings College of the Law, Thomas Jeffe - Document: pages 12, price $8.5(Document Cost: $8.50)
24815147	Aug. 6, 2010	Cross-Complaint Filed for The University of California Hastings College of the Law, Thomas Jefferson - Document: pages 9, price $7.0(Document Cost: $7.00)
24921671	Sept. 1, 2010	Answer to Cross-Complaint Filed for Law School Admission Council, Inc. - Document: pages 4, price $4.0(Document Cost: $4.00)
25134013	Oct. 21, 2010	Case Management Statement of Law School Admission Council, Inc., The University of California Hastin - Document: pages 10, price $7.5(Document Cost: $7.50)
25139349	Oct. 21, 2010	Joint Case Management Statement Filed - Document: pages 9, price $7.0(Document Cost: $7.00)
25136057	Oct. 22, 2010	Notice of Mailing re: Service of Discovery Filed - Document: pages 2, price $2.0(Document Cost: $2.00)
25173579	Oct. 29, 2010	Motion for Pro Hac Vice Filed by National Federation of the Blind, The National Federation of the B - Document: pages 8, price $6.5(Document Cost: $6.50)
	Oct. 29, 2010	Motion for Pro Hac Vice Hearing Confirmed for 02/02/2011 02:30 PM D- 608
25197175	Nov. 5, 2010	Case Management Conference Commenced and Completed - Document: pages 2, price $0.0
25197176	Nov. 5, 2010	Case Management Conference Order Issued - Document: pages 4, price $0.0
	Nov. 5, 2010	Case Management Conf Continuance 02/24/2011 02:30 PM D- 608
25248304	Nov. 18, 2010	Miscellaneous * Substitution of Attorney Filed - Document: pages 2, price $2.0(Document Cost: $2.00)
25547170	Feb. 2, 2011	Civil Law and Motion Hearing Commenced and Completed - Document: pages 1, price $1.0(Document Cost: $1.00)
25547171	Feb. 2, 2011	Motion for Pro Hac Vice Granted - Document: pages 3, price $3.0(Document Cost: $3.00)
25578896	Feb. 14, 2011	Joint Case Management Statement Filed - Document: pages 10, price $7.5(Document Cost: $7.50)
25606172	Feb. 18, 2011	Joint Case Management Statement Filed - Document: pages 10, price $7.5(Document Cost: $7.50)
25617712	Feb. 23, 2011	Compliance Hearing 03/29/2011 03:30 PM D- 608 - Document: pages 2, price $2.0(Document Cost: $2.00)
	Feb. 23, 2011	Hearing Vacated: Case Management Conf Continuance 02/24/2011 02:30 PM D- 608
25748081	March 24, 2011	Stipulation and Order Re: Continuance of Compliance Hearing Filed for National Federation of the Bli - Document: pages 5, price $5.0(Document Cost: $5.00)
25765500	March 29, 2011	Compliance Hearing Commenced and Completed - Document: pages 1, price $1.0(Document Cost: $1.00)
25765501	March 29, 2011	Case Management Conference Order Issued - Document: pages 3, price $0.0
	March 29, 2011	Compliance Hearing 05/10/2011 03:30 PM D- 608
25874628	April 25, 2011	Stipulation and Order Re: Continuance of Compliance Hearing Filed for Law School Admission Council, - Document: pages 5, price $5.0(Document Cost: $5.00)
25876582	April 26, 2011	Stipulation and Order Re: Continuance of Compliance Hearing Granted - Document: pages 2, price $2.0(Document Cost: $2.00)
25877238	April 26, 2011	Hearing Reset to Compliance Hearing 06/07/2011 03:30 PM D- 608 - Document: pages 2, price $2.0(Document Cost: $2.00)
25898850	May 2, 2011	Stipulation and Order Re: Other Ex Parte Filed: - Document: pages 7, price $6.0(Document Cost: $6.00)
25929662	May 9, 2011	Dismissal Court Ordered With Prejudice Filed - Document: pages 2, price $2.0(Document Cost: $2.00)
25929664	May 9, 2011	Dismissal Court Ordered Without Prejudice Filed - Document: pages 7, price $6.0(Document Cost: $6.00)

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Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 19, 2009

Closing Date: 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

National Federation of the Blind and blind law school applicant

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Law School Admission Council

Defendant Type(s):

College/University

Facility Type(s):

Government-run

Non-government non-profit

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

California state trial court RG09436691

Available Documents:

Injunctive (or Injunctive-like) Relief

Monetary Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Auditing

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitoring

Provide antidiscrimination training

Reasonable Accommodation

Recordkeeping

Reporting

Amount Defendant Pays: $365,000

Order Duration: 2011 - 2014

Issues

General/Misc.:

Access to public accommodations - governmental

Access to public accommodations - privately owned

School/University Facilities

School/University policies

Testing

Test or device

Website

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Screen readers and similar accessibility devices

Visual impairment

Discrimination Area:

Disparate Impact

Disparate Treatment

Testing

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of National Federation of the Blind v. Law School Admissions Council, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13577/ (last updated 6/1/2014).