Advisory Nonprofit Organizations
Pillsbury Winthrop Shaw Pittman LLP www.pillsburylaw.com | 1
August 6, 2014
The ADA and Private Professional
Certification
By Jerald Jacobs, Julia Judish, Dawn Crowell Murphy and Chris Leuchten*
Title III of the Americans with Disabilities Act (ADA), as amended, mandates
that private entities offering examinations or courses related to certain
applications, licensing, certification, or credentialing ensure that such exams
and courses are accessible to individuals with disabilities or offer alternative
accessible arrangements. Those involved with any aspect of credentialing
examinations should pay careful attention to what aids or accommodations
must be offered by law.
For an individual to be considered disabled under the ADA, it must be shown that the individual has an
impairment that substantially limits one or more of the individual’s major life activities, without regard to
mitigating measures such as medicine.1 If a disabled individual seeks to take an examination offered by a
private entity regulated under Title III of the ADA, the Department of Justice (DOJ) regulations require the
test be administered so as to “best ensure” that the examination results accurately reflect the individual's
aptitude or achievement level, rather than the individual's disability.2 Courts have interpreted this “best
ensure” standard in a broad, plaintiff-friendly manner.
Operators of testing facilities must provide physical spaces that meet ADA accessibility standards. In
addition, they may also be required to provide test-taker-specific modifications such as private rooms,
individual readers, or specific software for those who have a hearing or visual impairment. The test centers
that hold the examinations aren’t the only entities regulated by Title III; organizations that help develop and
administer the tests also must provide necessary modifications.
The Standard for “Disability” According to the ADA
The examination section of the ADA is designed to ensure that “individuals with bona fide disabilities
receive accommodations, and that those without disabilities do not receive accommodations” which could
1 Individuals who have a record of a disability or are “regarded as” disabled are also protected from discrimination under the
ADA.
2 28 C.F.R. § 36.309(b)(1)(i).
Advisory
Nonprofit Organizations
