· Consider the recommendations of qualified professionals who have personally observed the applicant in a clinical setting and recommended accommodations based upon their clinical judgment that the individual is substantially limited in one or more major life activities within the meaning of the ADA and needs the requested test accommodations in order to demonstrate his or her ability and achievement level; such recommendations are to be based on generally accepted diagnostic criteria and supported by reasonable documentation.
Consider all evidence indicating whether a person's ability to read is substantially limited within the meaning of the ADA, including the extent to which it is restricted as to the conditions, manner or duration as compared to the reading ability of most people.
DOJ pressed for the settlement under Title III of the ADA which prohibits discrimination against people with disabilities by private testing entities that administer examinations related to professional licensing.
In response to the settlement with Justic, NBME issued this statement:
"The NBME was first contacted by the Department of Justice regarding Mr. Romberg in October 2010. We explained to the Department of Justice the reasons for our decision on Mr. Romberg?s request for testing accommodations. Through the Department of Justice, NBME was provided additional documentation relating to Mr. Romberg, and NBME and the Department of Justice subsequently reached an amicable resolution that addressed the concerns of each party. The NBME will continue to provide testing accommodations to candidates in accordance with the requirements of the Americans with Disabilities Act. Our accommodation process is rigorous but fair, and properly reflects the important role that the USMLE plays in the licensure process for physicians. We appreciate having the opportunity to work with the Department of Justice toward a mutually satisfactory outcome."