Shhh!!!! Can You Keep a Secret?: A Cultural Bias Against Disclosing a Mental Disability & Its Impact on Seeking Reasonable Accommodations for the Bar Exam
Document Type
Law Review Article
Publication Date
4-2020
Keywords
health and psychological barriers, bar passage, learning disabilities
Abstract
This article will first discuss the enactment of the ADA and its expansive application as it relates to learning disabilities. The article will then discuss the Supreme Court's initial interpretation of the ADA and the Court's interpretation after Congress' amendments to the ADA. The article further discusses both the Court's and experts' challenges in applying the ADA to individuals with learning disabilities. Then, the article will discuss the cultural bias against disclosing learning disabilities. This article will address the importance of taking cultural biases into account in determining eligibility for an accommodation and the importance of flexibility in assessing the required documentation to ensure all students taking the exam are on equal footing. Finally, the article discusses the intersectionality between cultural bias and disability along with the importance of education, legislation, and advocacy.
