Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form

Similar documents
State of Connecticut Department of Education Division of Teaching and Learning Programs and Services Bureau of Special Education

SECTION 504 NOTICE OF PARENT/STUDENT RIGHTS IN IDENTIFICATION/EVALUATION, AND PLACEMENT

Internship Application Form

DEKALB COUNTY GOVERNMENT DRUG-FREE WORKPLACE POLICY

19 TH JUDICIAL DUI COURT REFERRAL INFORMATION

NOTICE OF APPEAL OR PETITION

HUMA RESOURCES POLICY

University of Rhode Island Counseling Center 217 Eleanor Roosevelt Hall Kingston, Rhode Island TEL: FAX:

RESOLUTION AGREEMENT

Model Intervention for Students with Substance Abuse Problems Act

STATE OF FLORIDA DEPARTMENT OF HEALTH

WELD COUNTY ADULT TREATMENT COURT REFERRAL INFORMATION

Supreme Court of the State of New York Appellate Division: Second Judicial Department D56435 L/hu

Exhibit 2 RFQ Engagement Letter

Dear Prospective UMD Teen PEERS Parents:

ALL DEAF.COM. Lawyer Settles Interpreter Case. April 9, 2004

Self-Evaluation for Compliance with Section 504 Accessibility Requirements for Persons with Disabilities

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIRCUIT COURT OF DUNN COUNTY LANGUAGE ASSISTANCE PLAN NARRATIVE

416 DRUG AND ALCOHOL TESTING I. PURPOSE

GRIEVENCE PROCEDURES INFORMAL REVIEWS AND HEARINGS

Second Judicial District Court Specialty Courts

Candidate and Facilitator Standards Policy

Chapter 1 Overview of Manual

Drug-free Workplace Staff Rights and Responsibilities

What is civil commitment? Involuntary treatment of individuals who are dangerous or unable to meet their basic needs due to a mental illness.

COAHOMA COUNTY SCHOOL DISTRICT Application for Interim Superintendent of Schools

Civil Commitments. Presented by Magistrate Crystal Burnett

Educating Courts, Other Government Agencies and Employers About Methadone May 2009

Please take time to read this document carefully. It forms part of the agreement between you and your counsellor and Insight Counselling.

Conversions and revocations of conditional orders for forensic psychiatric patients What factors contribute to success and failure?

FASD Education Law & Equity Project

3726 E. Hampton St., Tucson, AZ Phone (520) Fax (520)

RPSGT Recertification Application

Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana. October 23, 2018

Title of Research Study: Discovery and Validation of Biomarkers for Lichen Sclerosus

NEW YORK CITY BAR ASSOCIATION. Lawyer Assistance Program

PROPOSED REGULATION OF THE BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING COUNSELORS LCB FILE NO. R069-17I

NOTICE OF RIGHTS OF STUDENTS AND PARENTS UNDER SECTION 504

TURNING POINT ASSESSMENT/TREATMENT WOMAN ABUSE PROTOCOL DEPARTMENT OF JUSTICE AND PUBLIC SAFETY

APPLICATION FOR PERMISSION TO ESTABLISH A DRUG TREATMENT COURT PROGRAM SUPREME COURT OF VIRGINIA

PROTECTING THE SPORT: GUIDE TO FEDERATION RULE ENFORCEMENT AND HEARING PROCESS

Substance Abuse Policy. Substance Abuse Policy for Employees and Students

Mental Health Court Referral Checklist

PSYCHOLOGIST-PATIENT SERVICES

HOW TO MAINTAIN A NORMAL CLIENT-LAWYER RELATIONSHIP WITH A MENTALLY DISABLED CLIENT:

Title IX of the Education Amendments of 1972

PRINCE EDWARD ISLAND PSYCHOLOGISTS REGISTRATION BOARD

Date: Dear Mental Health Professional,

SAN JOAQUIN COUNTY ALCOHOL AND DRUG ABUSE POLICY. Preamble

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Welcome to. St. Louis County Adult. Drug Court. This Handbook is designed to:

Berks County Treatment Courts

APPLICATION FOR ADMISSION (PLEASE PRINT CLEARLY)

KING COUNTY SUPERIOR COURT, WASHINGTON STATE CAUSE NO SEA

DIVISION OF PUBLIC & BEHAVIORAL HEALTH BUREAU OF HEALTH CARE QUALITY AND COMPLIANCE LCB File No. R Informational Statement per NRS 233B.

Syracuse Community Treatment Court. Handbook for Participants. Guidelines and Program Information

An Overview of Procedures and Roles: A Case Study on the Drug Courts of Jamaica

Appendix C Resolution of a Complaint against an Employee

CLINICAL PSYCHOLOGIST I/II

(City, State, Zip Code)

STANDARDIZED ASSESSMENT PROTOCOL FOR SEXUALLY VIOLENT PREDATOR EVALUATIONS

Parent/Student Rights in Identification, Evaluation, and Placement

Family Tariff. General Tariff Information. Scope of the family referral. Extended Services

SUBJECT: Civilian Employee Alcohol and Drug Abuse Prevention, Testing, and Control Program

STUDENT CAMPUS HEARING BOARD PROCEDURE

HOUSING AUTHORITY OF THE CITY AND COUNTY OF DENVER REASONABLE ACCOMMODATION GRIEVANCE PROCEDURE

Due Process Hearing Request Information Sheet and Model Form

Judicial & Ethics Policy

Act 443 of 2009 House Bill 1379

STATE OF WEST VIRGINIA

The Ethics of Supported Decision Making. Jeffrey Miller, JD Policy Specialist Disability Rights Texas

CLAIMANT S FACTS ABOUT TRAUMATIC INCIDENT CAUSING PTSD These facts should be written in a narrative statement giving details about the following:

DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES Robin Moore, J.D. Assistant General Counsel

Faculty of Social Science Department of Applied Disability Studies ADST 5P76 SUPERVISED PRACTICUM IN APPLIED BEHAVIOUR ANALYSIS

APPLICATION TO EMPLOY A

LIMITED-SCOPE PERFORMANCE AUDIT REPORT

Applying for Transition House

KAUFMAN COUNTY PUBLIC DEFENDER S OFFICE MENTAL HEALTH DIVISION POLICY AND PROCEDURES 2012

CURRENT ISSUES WITH STUDENT BEHAVIOR

Purpose: Policy: The Fair Hearing Plan is not applicable to mid-level providers. Grounds for a Hearing

North Carolina Board of Physical Therapy Examiners Application for Physical Therapist Licensure

North Carolina Board of Physical Therapy Examiners Application for Physical Therapist Licensure

INVESTMENT DEALERS ASSOCIATION OF CANADA NOTICE OF HEARING

PATIENT HISTORY DATA FORM Psychiatric, Health and Wellness, LLC 810 Michael Drive, Suite L Chesterton, IN NAME

if accepted, FINRA will not

Regulation of the Chancellor

Drug and Alcohol Testing Policy for Positions Requiring COMMERCIAL DRIVER S LICENSE (CDL)

Special Education Fact Sheet. Special Education Impartial Hearings in New York City

Alcohol and Drug Testing for Employees with Commercial Drivers' License

Report No May 2016

North Carolina Board of Physical Therapy Examiners Application for Physical Therapist Assistant Licensure

PROCEDURE FOR VOLUNTARY AND INVOLUNTARY ADMISSIONS. Director ofnursing/cno and Medical Director of Senior Behavioral Health Director ofnursing/cno

Termination: Ending the Therapeutic Relationship-Avoiding Abandonment

Texasmutual.com 844-WORKSAFE ( ) January 2016 Worksafetexas.com 1

COURT OF COMMON PLEAS DRUG DIVERSION PROGRAM

Course 1019 Trans-Disciplinary Ethical Principles & Responsibilities in Professional Counseling

Oriana House, Inc. Substance Abuse Treatment. Community Corrections. Reentry Services. Drug & Alcohol Testing. Committed to providing programming

Mental Health Strategy. Easy Read

Transcription:

U.S. Department of Justice Civil Rights Division Disability Rights Section OMB No. 1190-0009 Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form Government, or organization, or institution which you believe has discriminated: 1. Supreme Court of the State of Louisiana Address: 400 Royal St. New Orleans, LA 70130 Telephone: (504) 310-2588 2. Louisiana Committee on Bar Admissions Address: 2800 Veterans Memorial Blvd., Suite 310 Metairie, LA 70002 Telephone: (504) 836-2420 3. Louisiana Office of Disciplinary Counsel Address: 4000 S. Sherwood Forest Blvd., Suite 607 Baton Rouge, Louisiana 70816 Telephone: (225) 239-3900 When did the discrimination occur? Date: Began in January 2009 and continues through the present Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary):

See attached narrative. Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution? Yes No x Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court? Yes No x Do you intend to file with another agency or court? Yes No x Signature: Ira A. Burnim, attorney for Date: 1/31/2011 Return to:

Narrative Summary is an attorney practicing law in Louisiana. In 2008, she received a J.D. from the University of School of Law, an ABA-accredited institution. When she applied to become a member of the Louisiana Bar, she was admitted conditionally. She was denied and continues to be denied an unconditional license to practice law based on stereotypical assumptions about individuals with mental illnesses. Nothing she said in her application to be admitted to the Bar and nothing revealed by the Bar s investigation of her character or fitness provided any basis for concern about her fitness to practice law. She was denied an unconditional license to practice law solely because she revealed that she had a mental health diagnosis and had undergone mental health treatment. She has now competently practiced law in New Orleans for over a year, including since June 2010 with a 50-lawyer law firm. It is time that she be unconditionally admitted to the Bar and that Louisiana end its practice of imposing onerous conditions on Bar admission and the practice of law based solely on applicants mental health diagnosis or treatment. The conditions imposed on are unwarranted and intrusive. Moreover, they put her at a disadvantage in retaining her job or seeking another job, including a judicial clerkship. Extraordinarily, Louisiana has opened to the public records of s treatment and therapy sessions. The Department of Justice should insist that, pending further investigation of s complaint, the medical records and summary of medical records that she provided the Bar immediately be placed under seal. Chronology and Facts applied for admission to the Louisiana Bar in January 2009. As required by Louisiana s version of the NCBE character and fitness questionnaire, she disclosed on her application that she had been diagnosed with Bipolar Disorder Type II. 1 She also truthfully stated that she did not believe her impairment, treated or untreated, would affect her ability to practice law. Her Bipolar Disorder has always been mild, and it had not interfered with her meeting academic expectations. 1 Louisiana s version of the NCBE asked, Within the past five years, have you been diagnosed with or have you been treated for bipolar disorder, schizophrenia, paranoia, or any other psychotic disorder? had been diagnosed with Bipolar Disorder Type II, which, unlike Type I Bipolar, does not include episodes of mania with psychotic features. See DSM-IV at 362 ( Bipolar II Disorder, Diagnostic Criteria ), 338 ( Criteria for Hypomanic Episode ). The above question appears on the standard NCBE. States have the option of adding or removing questions from the NCBE when they administer the questionnaire.

In mid-february of 2009, received a letter from Monique Drake, counsel for the Louisiana Committee on Bar Admissions (the Committee ), informing her that because she had disclosed a diagnosis of Bipolar Disorder, she was required to provide psychiatric records for the previous 5 years and that failure to do so would result in ineligibility to practice law in Louisiana. 2 On March 3, 2009, s treating psychiatrist,, sent the Committee a summary of his treatment of. Dr. explained that he had treated since June 2006, when she was first referred to him for low mood. He also reported that, since beginning treatment, had taken her prescribed medication and had never required hospitalization. He reported that she has been working in a stressful job with no episodes of depression or hypomania.... On April 22, 2009, Dr. sent a follow-up letter to the Committee containing a detailed description of s symptoms and course of treatment. Dr. explained that, upon beginning treatment during law school, s symptoms of depression were limited to crying, social withdrawal, and taking frequent naps; her symptoms of hypomania were limited to making lots of plans such as considering pursuing a dual degree program, gregariousness, buying drinks for friends, and talking quickly and being very intense. Overall, her bipolar disorder was relatively mild and well-managed. At no time had she ever posed a danger to herself or others. In addition, Dr. forwarded to the Committee a copy of s initial intake form dated June 27, 2006, describing her symptoms and medical, psychiatric, social, sexual, and academic history prior to beginning treatment. These summaries and records gave the Committee no reason to be concerned about s fitness to practice law. 3 For reasons that are uncertain, the Committee forwarded the information from Dr. to a psychiatrist, Dr., for review. On June 10, 2009, Dr. wrote a letter to the Committee opining that s symptoms of mental illness were well managed and stable and that there was no need for further evaluation. Dr. agreed that s mental illness consisted of only intermittent mild depressive episodes and a relatively mild bipolar affective disorder, with 2 The Committee also sought medical records of any hospitalization for Bipolar Disorder within the past ten years. Because has never required hospitalization for symptoms of mental illness, there were no records responsive to this request. 3 The Committee initially requested s entire record of treatment, but ultimately accepted the more summary information that Dr. provided.

some past history of disordered eating. He indicated that past alcohol use 4 was under control. Dr. expressed no concerns regarding s ability to practice law. In July 2009, passed the Louisiana Bar Examination. In July or August 2009, the Committee sent a letter informing her that she was eligible for conditional admission to the Bar only. In order to attain conditional admission, would be required to sign a five-year consent agreement and to file a joint petition with the Committee requesting a conditional admission and agreeing to numerous burdensome conditions. asked if she could challenge the Committee s decision to offer conditional admission only and was told that her doing so could compromise her chance of admission. Afraid that challenging the Committee s decision would jeopardize her chance of admission to the Bar, filed the joint petition for conditional admission that the Committee had required. The language of the joint petition stated that had fulfilled the requirements of admission to the Louisiana bar, except, to the extent that, during the character and fitness screening process, her diagnosis of Bipolar Disorder was revealed. The joint petition further stated that Dr. and Dr. had both opined that her condition was well managed and stable. The joint petition did not identify any reason to question her ability to competently and responsibly practice law. According to the terms of the consent agreement incorporated into the joint petition, : (1) would be monitored by a practice monitor assigned by the Louisiana Attorney Disciplinary Board Office of Disciplinary Counsel and would be required to execute a probation monitoring agreement setting the scope of such practice monitoring; (2) was required to consult with her treating health care provider every three months for the duration of the agreement; (3) agreed that her treating health care provider would report on her progress every three months for the duration of the agreement; (4) was required to notify the Office of Disciplinary Counsel of any changes to her prescribed medication or if she changed treating professionals; and (5) was required, if the Office of Disciplinary Counsel determined it necessary, to appear at her expense before a psychiatrist designated by the Office of Disciplinary Counsel to allow an assessment of her progress and compliance with the terms of the agreement. Moreover, the agreement gave the Office of Disciplinary Counsel have unfettered access to her psychiatric and other health records pertaining to mental health diagnosis, treatment, and recovery. According to the terms of the agreement, any violation could result in loss of or further restrictions on s license to practice law. On October 20, 2009, the Louisiana Supreme Court ordered that be conditionally admitted to the Bar. The order directed that her five-year probationary period begin when the Probation Agreement was signed. was sworn in on October 22, 4 According to Dr. records, drank in college and while abroad in during high school.

2009.... The final execution of s Probation Agreement was delayed until June 2010. The terms of the Probation Agreement, drafted by the Office of Disciplinary Counsel, include substantial burdens not mentioned in the consent agreement or the petition filed in the Louisiana Supreme Court in connection with her admission to the Bar, including that the probation monitor and Office of Disciplinary Counsel may contact her employer or supervising attorney to determine and/or discuss her professional activities and performance. 5 As later became clear, the Office of Disciplinary Counsel also expected the probation monitor to observe in the workplace. The Office has also directed to disclose to any new employer that she is conditionally admitted to the Bar. This directive has effectively compelled her to disclose her mental illness to employers. Besides mental illness, the common reasons for conditional admission are a history of crime, drug or alcohol abuse, serious misconduct, or severe financial mismanagement. discloses her mental illness to employers to avoid the impression that her conditional admission was based on misconduct. has observed that some supervisors have treated her differently after she disclosed her conditional admission to them. The activities of s probation monitor are, by nature, stigmatizing and intrusive. 6 For this reason and others, has requested that one of the partners in her firm be permitted to serve as her probation monitor. Although her firm had expressed an interest in such an arrangement, the Office of Disciplinary Counsel told her that her probation monitor could not be changed. Pattern and Practice Upon information and belief, the Louisiana Supreme Court, the Louisiana Supreme Court Committee on Bar Admissions, and the Office of Disciplinary Counsel have routinely imposed conditional admissions on applicants to the Louisiana Bar based solely on a history of mental health treatment. In particular, the Louisiana Supreme Court Committee on Bar Admissions and the Louisiana Supreme Court routinely impose conditional admission on applicants to the Bar without any individualized finding that their condition could interfere with their practice of law. Conclusion 5 The probation agreement also requires to meet in person with her probation monitor every three months, as well as submit bi-yearly reports of her professional activities to the probation monitor and the Office of Disciplinary Counsel. 6 When the monitor insisted in September 2010 on reviewing privileged information in client files on which had worked, protested, knowing her employer was likely to object to such a review. The Office of Disciplinary Counsel prevented the file review.

At the time of her application and since, has met the essential eligibility requirements for admission to the Louisiana Bar. However, Louisiana insisted that, as a condition of her admission, she be subject to onerous conditions. The sole reason was her diagnosis of Bipolar Disorder. s conditional admission was imposed in the absence of any evidence or founded medical opinion that s condition was likely to interfere with her practice of law. asks the U.S. Department of Justice to: 1) Secure ; 2) Secure a regular license to practice law, unfettered by the stigmatizing and intrusive conditions that attend conditional admission; and 3) Secure an end to Louisiana s pattern and practice of subjecting individuals with mental illness to conditional admissions based solely on a diagnosis of mental illness.