By: Richard L. Smith
The U.S. Attorney’s Office for the District of New Jersey has reached a settlement with a New Jersey non-profit organization to resolve allegations of discrimination in violation of the Americans with Disabilities Act of 1990 (ADA), U.S. Attorney Philip R. Sellinger announced today.
Federal officials said the settlement resolves allegations that Educational Testing Service (ETS), a New Jersey non-profit organization that administers standardized tests, engaged in discrimination in violation of the ACA by creating unlawful hurdles for individuals with disabilities who sought testing accommodations.
Among other things, U.S. Attorney Sellinger said the United States alleged that ETS unlawfully denied requests for testing accommodations or failed to timely consider requests for testing accommodations, effectively denying those requests.
Under the settlement, ETS agrees to comprehensive reforms that will require timely determinations on any requests for testing accommodations and narrow the organization’s inquiries related to requests for accommodations.
According to U.S. Attorney Sellinger, ETS also agrees to pay damages to several complainants – up to $10,000 – who sought testing accommodations that were denied or delayed.
“This office will not tolerate discrimination in any form and will work tirelessly to ensure equal access to educational opportunities,” U.S. Attorney Philip R. Sellinger said.
“This agreement compels ETS to make systemic reforms and ends an unfair process for considering requests for testing accommodations.
Through this settlement, thousands of Americans with disabilities will be given a fair shot in seeking admission to higher education.”
Earlier this year, U.S. Attorney Sellinger created a Civil Rights Division with the sole focus on enforcing federal civil rights laws, including the ADA, with the goal of protecting and upholding the civil rights of those in our community.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S. Attorney’s Office of Civil Rights Enforcement or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339.
Additional information about the ADA can be found at ADA, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).