A Masters degree student that has accommodations as a result of the Americans with Disabilities Act is being penalized unfairly and publicly humiliated by professors that have not even read the accommodations. Her MFT license is being delayed, costing her time and additional money. Is there legal recourse?
Country relating to Question: United States
State (if USA): California
She has attempted emails, and face to face meetings with the professors and has had a preliminary meeting with the Provost of the university.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.The student can file suit against the university if they are violating the ADA. If the professors are not honoring the accommodations that the university ordered, that would be a violation of the ADA. Since the professors work for the university, they are agents of the university and if they violate the ADA, it is the same as if the university violated the ADA.But the student may want to go to the university first and report these violations, it may be the university takes action to correct this and allow her to avoid the trouble and expense of hiring a lawyer to sue.
She has had an appointment with the Provost of the University, and has of yet had no answer. She is concerned about political backlash with the professors and that a discussion about the possibilty of availing herself of a legal remedy might seem like a threat.
That is good news. If the provost of the university will address this, then it may solve her problems. If her case is strong I would expect the lawyers for the university would advise the provost to do just thatBut if not, her recourse is to sue. If they have violated the ADA that is her recourse. As for backlash? She has the right to pursue a claim of violation of the ADA. It may engender ill feelings among the staff...but that is often the case one when person files suit against another. If the university will not resolve this for her, her recourse is to do nothing or to sue.
What determines "If her case is strong?"
Many factors, but specifically what was ordered by the university to accommodate her and what the professors did in response.If the university made accommodations and the professors ignored them, that would violate the ADA
Law Degree, 12 Years of trial experience
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