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SCOTUS’ decision not to hear a disability discrimination case spurs uncertainty for disabled law school graduates. But a New York State bill can help.
WASHINGTON, D.C., May 21, 2025 – The National Disabled Legal Professionals Association (“NDLPA”) is disappointed by a recent United States Supreme Court of the United States (SCOTUS) decision not to hear T.W. v. New York State Board of Law Examiners (BOLE), leaving disabled New York bar exam takers with little recourse for illegal denial of accommodations. NDLPA previously joined allied disability rights organizations in supporting T.W.’s petition to the Supreme Court as amici.
Disabled law school graduate T.W.’s multiple requests for accommodations on the New York bar exam were arbitrarily denied. As a result, she failed the bar two times. But the damage didn’t stop there. Because BOLE refuses to remove the discriminatory results—the failures caused by their unwillingness to accommodate her disability—T.W. is forced to disclose these exam failures to prospective employers, putting her career and future at risk. T.W. also lost her employment.
This week, SCOTUS declined to hear T.W.’s appeal of a Second Circuit decision that dismissed her disability discrimination lawsuit against BOLE. The appellate court ruled that her claims couldn’t go forward because of sovereign immunity, a legal doctrine that protects state entities from many kinds of lawsuits unless either 1) it is validly abrogated by Congress or 2) the state waives that immunity. This doctrine limits the kinds of relief an individual can get for state-sanctioned harm. The Second Circuit denied injunctive, declaratory, and compensatory relief for T.W. This holding—particularly as it relates to T.W.’s request to remove exams she failed from her record—is inconsistent with decades of case law.
Previously, the Second Circuit denied T.W.’s requests for relief under Section 504 of the Rehabilitation Act of 1973, holding that, even if the judiciary received federal funding, BOLE itself did not. As a result, the Second Circuit held that Section 504 did not apply to BOLE. With these losses, T.W. is left without recourse for the blatant discrimination she experienced. These holdings set a dangerous precedent: it has a chilling effect on disabled law graduates who are simply requesting the accommodations they need to succeed.
Disabled bar examinees in New York must have access to the appropriate legal remedies for acts of discrimination. The Supreme Court’s refusal to intervene means it is now up to New York lawmakers to do what the courts would not. NDLPA applauds the New York State legislature for introducing a bill that would make that possible would make that possible. Assembly Bill A2589/Senate Bill S726 would waive New York’s sovereign immunity for claims brought under the ADA, Fair Labor Standards Act (FLSA), Age Discrimination in Employment Act (ADEA), and Family and Medical Leave Act (FMLA), ensuring that anyone harmed by discriminatory state action can seek justice.
Now is the time to act. The New York State Assembly has passed this critical bill.
NDLPA urges the New York State Senate to pass S726 without delay. This legislation cannot wait.
About the National Disabled Legal Professionals Association
The National Disabled Legal Professionals Association (NDLPA) is a national association of disabled lawyers, judges, policy experts, legislators, academics, and other legal workers, professionals, and organizers. NDPLA was founded in 2022 to organize and unify disabled legal professionals into a force for change, and to advocate for and empower disabled legal professionals. NDLPA strives to promote professional growth and opportunity for disabled attorneys and legal professionals; improve access and inclusion in the profession; and ensure access to justice for all.
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Contact Information:
Info@ndlpa.org
(202) 599-0828
Release Date:
May 21, 2025