Legal Question in Technology Law in Minnesota

Re: Special services for computer based testing for the disabled

First, there may be state laws addressing this issue and/or disability protection in general. In addition, there is the Federal Americans with Disabilities Act. Assuming the condition is a "disability," you are required to make a reasonable accommodation. What is a "disability" has been the subject of considerable litigation. Under U.S. Supreme Court cases decided last year, if the problem is fully correctable it may not be a "disability."

What is reasonable will depend all of the facts and circumstances. Among the factors to consider are: (1) whether the persons have their own equipment; (2) the cost of providing the equipment to you and/or your clients; (3) whether the equipment can be reused for other disabled test takers on future tests or whether it is uniquely adapted to an individual test taker. This is an issue you should address in your contract with your clients.

The EEOC and probably state agencies charged with enforcing disability discrimination laws will take a liberal interpretation of what is a disability and the burdens you and/or your clients must assume. The agencies' interpretation may or may not be upheld in court.

I would take little comfort in the fact you have not faced a disability discrimination claim to date. At any time, you could face a class-action lawsuit from the government and/or private plaintiff seeking damages and/or injunctive relief. I recommend you consult counsel who specializes in disability discrimination law.

This reply is a courtesy and does not create an attorney client relationship.

Re: Special services for computer based testing for the disabled

Relative to special accomodations, it would be my opinion that you would not have to supply such equipment. While you would have to make "rasonable accomodations" ie, providing space or convenient power for such special devices, I would no think you would not have to provide the device itself. Similarly, you would not have to supply prescription eye glasses to examinees. Additionally, it would be inconceivable and unduly burdensome to require you to supply special devices for each handicap.