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Breimhorst v. Educational Testing Services

United States District Court for the Northern District of California
2000 WL 34510621 (2000)


A group of disabled individuals (plaintiffs) received accommodations from Educational Testing Services (ETS) (defendant) in the administration of certain higher-education admissions tests. ETS administers the Scholastic Aptitude Test (SAT), the Graduate Records Exam (GRE), and the Graduate Management Admissions Test (GMAT), among others. ETS has a practice of flagging tests given with accommodations by placing the phrase “SCORES OBTAINED UNDER SPECIAL CONDITIONS” prominently on the test-score report. ETS has stated that this flag is placed on the score report to note that the scores may not accurately reflect the test taker’s educational ability when given under accommodations. The plaintiffs requested that ETS remove this flag, because the flag alerts potential colleges that the plaintiffs are disabled. The plaintiffs asserted that their test scores were equivalent to non-disabled students’ scores. ETS denied these requests. The plaintiffs then sued ETS, alleging that the flag violated the Americans with Disabilities Act (ADA). ETS filed a motion for judgment on the pleadings.

Rule of Law


Holding and Reasoning (Orrick, J.)

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