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Two bar applicants alleged disability discrimination tied to substance use and mental health disorders. The investigation concluded TBLE and TLAP violated Title II by imposing burdensome supplemental investigations and by excluding applicants or applying intrusive admission conditions based on diagnoses or treatment, undermining fitness-to-practice goals.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/ada-investigation-regarding-the-tennessee-board-of-law-examiners/435300/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/ada-investigation-regarding-the-tennessee-board-of-law-examiners/435300.png","ImageObject",300,407,{"name":92,"@type":93},"OmBimo","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-05","2026-09-29",true,{"@type":102,"interactionType":103,"userInteractionCount":19},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What legal basis did the Department of Justice use for the investigation?","Question",{"text":112,"@type":113},"The investigation was conducted under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 et seq.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What were the alleged ADA violations found by the investigation?",{"text":117,"@type":113},"The investigation concluded TBLE and TLAP violated Title II by imposing burdensome supplemental investigations triggered by substance use disorder or treatment status and by excluding applicants or applying unnecessary, intrusive admission conditions based on diagnoses or treatment.",{"name":119,"@type":110,"acceptedAnswer":120},"How did the state handle document production during the investigation?",{"text":121,"@type":113},"Initially, the State refused to produce documents for all affected applicants on privacy grounds. After a meeting and provision of waiver forms from D.S. and C.B., the State produced documents for those two applicants but not for unnamed applicants.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},435300,1790830876,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":19,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},962090893581,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","U.S. Department of Justice  \nUnited States Attorney  \nMiddle District of Tennessee  \n719 Church Street, Suite 3300  \nNashville, Tennessee 37203  \nTelephone: (615) 736-5151  \nVIA EMAIL December 17, 2024  \nJohn B. Coke, Esq.  \nGeneral Counsel  \nLegal Services & Judicial Development Tennessee Supreme Court Administrative Office of the Courts  \n511 Union Street, Suite 600 Nashville, TN 37219  \n[john.coke@tncourts.gov](john.coke@tncourts.gov)  \nRe: ADA Investigation Regarding the Tennessee Board of Law Examiners, USAONo. 2023V00171  \nDear Mr. Coke:  \nWe write concerning the Department of Justice’s investigation of the Tennessee Board of Law Examiners (TBLE) and the Tennessee Lawyers Assistance Program (TLAP) pursuant to Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 et seq. This investigation was initiated in response to complaints from two applicants, D.S. and C.B., who allege they were subject to discrimination on the basis of their disabilities due to a substance use disorder or mental health disorder in violation of the ADA.  \nThe Department acknowledges the important responsibility of the TBLE and TLAP in ensuring that attorneys licensed in the State of Tennessee are competent to practice law. The TBLE can and does fulfill this important responsibility by evaluating whether an applicant has demonstrated through their conduct their ability to adhere to the standards of conduct required of attorneys in the State of Tennessee. But the exclusion of applicants or restrictions imposed on them based on their status as a person with a disability or on the medication they use, do not serve the goal of ensuring fitness to practice law. Such restrictions are in fact counterproductive to ensuring that attorneys are fit to practice and violate the Americans with Disabilities Act.  \nAs stated herein, our investigation regarding these two complaints has concluded that the TBLE and TLAP violated Title II of the ADA with respect to: (1) subjecting bar applicants to burdensome supplemental investigations triggered by their status or treatment for a substance use disorder; and (2) excluding them or implementing burdensome, intrusive, and unnecessary conditions on admission that are improperly based on individuals’ diagnosis of or treatment for a substance use or mental health disorder.  \nI. Factual Background  \nWe have investigated complaints by two applicants to the Tennessee bar, D.S. and C.B., 1 who allege that they were subjected to discrimination because of their disabilities. We submitted a request for information to the State on September 29, 2023 and met with representatives of the State on February 22, 2024. The State initially refused to produce documents regarding all affected applicants, including D.S. and C.B., on privacy grounds. After our meeting and our provision of waiver forms from D.S. and C.B., the State produced various documents regarding both of these applicants in late April 2024, but did not produce documents regarding other, unnamed bar applicants.  \na. The Tennessee Board of Law Examiners and the Tennessee Lawyers Assistance Program  \nThe TBLE administers admission of attorneys to the Tennessee Bar. The TBLE was created by statute, and its members are appointed by the Tennessee Supreme Court. Once an applicant completes all requirements for licensing, the TBLE “shall certify to the Supreme Court that an applicant is eligible for admission and issue to the applicant a ‘Certificate of Eligibility for Admission.’”2 The criteria for issuance of the Certificate of Eligibility for Admission include that the applicant:  \nhas demonstrated the reputation, character, honesty, respect for the rights of others, due respect for the law, and the fitness to practice law, that in the opinion of the Board indicates no reasonable basis for substantial doubts that the applicant will adhere to the standards of conduct required of attorneys in this State.3  \nThe Supreme Court of Tennessee established TLAP to provi","cbCaikP0IxABsL7l","https://ap.wps.com/l/cbCaikP0IxABsL7l","pdf",177276,11,"English","# Factual Background\n## TBLE and TLAP Overview\n## D.S. Allegations","[{\"question\":\"What legal basis did the Department of Justice use for the investigation?\",\"answer\":\"The investigation was conducted under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 et seq.\"},{\"question\":\"What were the alleged ADA violations found by the investigation?\",\"answer\":\"The investigation concluded TBLE and TLAP violated Title II by imposing burdensome supplemental investigations triggered by substance use disorder or treatment status and by excluding applicants or applying unnecessary, intrusive admission conditions based on diagnoses or treatment.\"},{\"question\":\"How did the state handle document production during the investigation?\",\"answer\":\"Initially, the State refused to produce documents for all affected applicants on privacy grounds. After a meeting and provision of waiver forms from D.S. and C.B., the State produced documents for those two applicants but not for unnamed applicants.\"}]","ADA Investigation Regarding the Tennessee Board of Law Examiners | PDF",1790672821,28]