A settlement agreement with the California Department of Insurance and PSI Services LLC will ensure access for blind insurance license applicants who use screen reader software.
Berkeley, CA—In August, three blind individuals and the National Federation of the Blind reached a settlement agreement with the California Department of Insurance (CDI) and their licensing examination vendor, PSI Services LLC (PSI). The settlement resolves claims that both CDI and PSI failed to ensure the accessibility of CDI’s insurance agent licensing examinations for blind applicants who use screen reading software to non-visually access text. Read the settlement agreement.
This case was filed on October 12, 2021 by two blind individuals: Angela Fowler and Miguel Mendez. An additional blind individual, Hy Cohen, and the National Federation of the Blind later joined the case. All were impacted by the inaccessible licensing examinations.
Under the settlement agreement, among other things, CDI agreed to no longer require blind or low-vision test-takers who use screen access software to first provide medical documentation. Individuals will be able to self-certify their need for the technology based on blindness or low vision, without the burdensome accommodations process or delay in examination scheduling.
PSI will additionally ensure its online testing technology is independently usable by blind and low-vision users in accordance with Americans with Disabilities Act accessibility and communication regulations. It will develop online testing technology that permits the use of screen reader software and related policies and training for test proctors.
Blind and low-vision test-takers who use screen readers will have access to the same examination scheduling options as those offered to others without disabilities.
“Equal access to licensure examinations is an important part of finding employment and advancing careers for blind people,” said Mark Riccobono, President of the National Federation of the Blind. “This agreement is a significant step towards ensuring a society that provides equal opportunity to everyone. We are pleased that this settlement will eliminate obstacles for blind people and hope that it sets an example that other licensing bodies and providers of testing technology will emulate.”
“This important case establishes that people who depend on assistive technology do not need to first provide a doctor’s note before expecting accessibly designed online exams,” said Timothy Elder of the TRE Legal Practice.
“Licensing exams are crucial to moving forward in so many career paths, and this settlement reflects the commitment to ensuring that they are accessible to blind and low-vision people—and everyone with disabilities—as the law requires,” said Amelia Evard, Wolinsky Fellowship Attorney at Disability Rights Advocates.
The case is Fowler, et al. v PSI Services LLC and California Department of Insurance, Case No. 21CV000126, and was filed on October 12, 2021 in Alameda County Superior Court. Plaintiffs are represented by Disability Rights Advocates, a national legal nonprofit that protects and advances the civil rights of people with disabilities, and TRE Legal Practice, a law firm fighting for the rights of disabled people.
Disability Rights Advocates is the leading national nonprofit disability rights legal center. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide in complex, system-changing class action cases. Thanks to DRA’s precedent-setting work, people with disabilities across the country have dramatically improved access to transportation, health care, voting, education and employment. Visit dralegal.org.
The National Federation of the Blind (NFB), headquartered in Baltimore, defends the rights of blind people of all ages and provides information and support to families with blind children, older Americans who are losing vision, and more. Founded in 1940, the NFB is the transformative membership and advocacy organization of blind Americans with affiliates, chapters, and divisions in the fifty states, Washington DC, and Puerto Rico. We believe in the hopes and dreams of blind people and work together to transform them into reality. Learn more about our many programs and initiatives at nfb.org.
TRE Legal Practice is a nationally renowned civil rights law firm focusing on the rights of the blind and other disabled people to access employment, education, government programs, public accommodations, accessible technology and all other aspects of society. It regularly works with the National Federation of the Blind to advance impact litigation for the benefit of blind and other disabled individuals. Visit https://trelegal.com/.
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