A man has filed suit to obtain more time to complete the LSAT, the law school admission test. See report. The LSAT is critical to any admissions application for law school. Title III of the Americans with Disabilities Act provides that an individual with a disability is entitlted to necessary accommodation. Title III of the ADA applies to public accommodations, not to employment. Matthew Scott Jones of Austin reports a diagnosis of ADHD and seeks additional time in which to complete the test. He filed suit in the Western District of Texas.
The Law School Admission Council, however, responds that Mr. Scott has not shown that his disability affects a major life activity. That is, to qualify as a person with a disability, he must show that his disability affects a major life activity, such as walking, sleeping, eating or learning. This is a frequent defense to such claims. ADHD is one of those disabilities that is hard for some to understand. All emotional disabilities carry that sort of liability. They are simply hard to understand and, therefore, hard to litigate. In such situations, the person with the disability must present "extra" good evidence that the requested accommodation is necessary.
Litigation should not be like that. A person with a legitimate disability should not carry an "extra" burden. But, that is true of many areas of law. The eventual audience is a jury of your peers. Some of your peers do not understand some issues. Litigation is as much about education as it is about persuasion. In fact, most test providers now know they must provide accommodation to persons who who are blind, cannot hear, etc.
In this case, if Mr. Jones has not already provided medical documentation that he needs more time, he surely should present such evidence, now.