DOJ, NBME Reach Settlement in ADA Complaint

The National Board of Medical Examiners has agreed to provide "reasonable testing accommodations" and remove other barriers for people with disabilities who want to take the U.S. Medical Licensing Examination, the Department of Justice has announced. 

The agreement disclosed this week settles an Americans with Disabilities Act complaint that was lodged against the private, nonprofit NBME by Frederick Romberg, a Yale Medical School student with dyslexia who was twice denied "reasonable testing accommodations" to take the exam. With the settlement, Romberg will be given double the standard testing time and a separate testing area to take the USMLE.

"In the past, demands for unnecessary or redundant documentation, burdensome and expensive repeated professional evaluations, or irrelevant evaluative testing unrelated to the ability to demonstrate one's knowledge or skills on an examination prevented individuals with appropriately documented disabilities from pursuing their chosen professions." said Thomas E. Perez, assistant attorney general for DOJ's Civil Rights Division. "By entering into this agreement, NBME is doing its part to ensure that people with a reading disability like Mr. Romberg will have the opportunity to take the USMLE with the reasonable testing accommodations they need to demonstrate their knowledge and ability."

· Only request documentation about (a) the existence of a physical or mental impairment; (b) whether the applicant's impairment substantially limits one or more major life activities within the meaning of the ADA; and (c) whether and how the impairment limits the applicant's ability to take the USMLE under standard conditions;

·  Consider the recommendations of qualified professionals who have personally observed the applicant in a clinical setting and recommended accommodations based upon their clinical judgment that the individual is substantially limited in one or more major life activities within the meaning of the ADA and needs the requested test accommodations in order to demonstrate his or her ability and achievement level; such recommendations are to be based on generally accepted diagnostic criteria and supported by reasonable documentation.

Consider all evidence indicating whether a person's ability to read is substantially limited within the meaning of the ADA, including the extent to which it is restricted as to the conditions, manner or duration as compared to the reading ability of most people.

DOJ pressed for the settlement under Title III of the ADA which prohibits discrimination against people with disabilities by private testing entities that administer examinations related to professional licensing.

In response to the settlement with Justic, NBME issued this statement:

"The NBME was first contacted by the Department of Justice regarding Mr. Romberg in October 2010. We explained to the Department of Justice the reasons for our decision on Mr. Romberg?s request for testing accommodations. Through the Department of Justice, NBME was provided additional documentation relating to Mr. Romberg, and NBME and the Department of Justice subsequently reached an amicable resolution that addressed the concerns of each party. The NBME will continue to provide testing accommodations to candidates in accordance with the requirements of the Americans with Disabilities Act. Our accommodation process is rigorous but fair, and properly reflects the important role that the USMLE plays in the licensure process for physicians. We appreciate having the opportunity to work with the Department of Justice toward a mutually satisfactory outcome."