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2nd Circuit tosses Harvard Law grad’s Rehabilitation Act declare over bar examination lodging

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Disability Law

2nd Circuit tosses Harvard Law grad’s Rehabilitation Act declare over bar examination lodging

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The New York State Board of Law Examiners has sovereign immunity from a lawsuit declare by a Harvard Law School graduate who sued over failure to accommodate her anxiety-related incapacity, a federal appeals court docket has dominated.

The 2nd U.S. Circuit Court of Appeals at New York dominated in opposition to Tamara Wyche, who alleged in a June 2016 suit that she misplaced her job at Ropes & Gray after she flunked the bar examination twice. She handed the bar on her third strive in February 2015 after she was given double time to take the examination.

Law360 and Law & Crime coated the April 28 decision.

The 2nd Circuit stated the board of regulation examiners had immunity from Wyche’s declare under Section 504 of the Rehabilitation Act, which bans incapacity discrimination by packages or actions receiving federal monetary help. The board is an arm of the state that doesn’t obtain federal funding, entitling it to immunity, the appeals court docket stated.

The board isn’t an operation of New York specialised courts that do obtain federal funds, the appeals court docket stated.

The appeals court docket remanded for the district court docket to rule on a movement to dismiss Wyche’s remaining declare under the Americans with Disabilities Act.

The case is T.W. v. New York State Board of Law Examiners. The creator of the opinion was Chief Judge Debra Ann Livingston, who was additionally a graduate of Harvard Law School, Law & Crime points out.

Wyche had requested regulation examiners to offer her 50% further time on the examination, stop-clock breaks and separate testing amenities. She sought the lodging for her anxiousness and cognitive deficits attributable to an incident in an all-terrain automobile.

During the primary examination, she acquired off-the-clock breaks and a testing room with fewer folks, the appeals court docket stated. On the second examination, she acquired 50% further time and particular seating however no off-the-clock breaks.

Wyche’s lawyer, Mary C. Vargas, gave this assertion to Law & Crime: “The court’s ruling allows entities to take federal dollars and discriminate with impunity based on disability, religion, color and gender. It is a devastating blow to our nation’s civil rights laws and in particular denies equal access to the courts in New York. In asking for immunity to discriminate on behalf of its client, the New York attorney general’s office has abandoned its commitment to equal access.”

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