No. 21-5965

In Re Jennifer L. Kammerer

Lower Court: N/A
Docketed: 2021-10-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: americans-with-disabilities-act disability-discrimination disciplinary-program disparate-treatment equal-protection license-revocation mental-illness professional-license professional-licensing
Key Terms:
Arbitration ERISA SocialSecurity
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Does it violate the Americans with Disabilities Act to punish an individual for being mentally ill by summarily revoking their professional license and denying them the ability to participate in a program specifically designed for professionals who are facing discipline due to a mental illness, when the licensing agency knew the mental illness caused the actions warranting discipline?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. DOES IT VIOLATE THE AMERICANS WITH DISABILITIES ACT, TO . PUNISH AN INDIVIDUAL FOR BEING MENTALLY ILL, BY SUMMARILY REVOKING THEIR PROFESSIONAL LICENSE AND DENY THEM THE ABILITY TO PARTICIPATE IN A PROGRAM SPECIFICALLY DESIGNED FOR PROFESSIONALS WHO ARE FACING f DICIPLINE DUE TO A MENTAL ILLNESS; WHICH, WOULD HAVE ALLOWED THEM TO MAINTAIN THEIR LICENSE WHILE THEY REHABILITATE, WHEN THE LICENSING AGENCY KNEW THE MENTAL ILLNESS CUASED THE ACTIONS WARRANTING F DISCIPLINE? 2. IS DISPARATE PUNISHMENT FOR ETHICAL VIOLATIONS, WHERE GENDER AND MENTALL ILLNESS ARE INVOLVED, A FORM OF DISCRIMINATION THAT VIOLATES ONE’S RIGHT TO EQUAL PROTECTION UNDER THE AMERICANS WITH DISABILITIES ACT? q 3. WOULD REQUIRING A PROFESSIONAL TO RE-TAKE A LICENSING EXAM TO HAVE THEIR LICENSE REINSTATED, WHEN THEIR LICENSE WAS IMPROPERLY TAKEN DUE TO ACTIONS CAUSED BY q A DISABILITY, WHERE THE PROFESSIONAL WAS FOUND TO HAVE COMPETENTLY PERFORMED THEIR PROFESSIONAL TASKS AT ALL TIMES AND HAS SINCE REHABILITATED FROM THE MENTAL ILLNESS, VIOLATE THE AMERICANS WITH DISABILITIES ACT? h I. Hi { 1 ! . ne ee i oe ‘ ii i Ps) ae) iy ivy . % S. 8 = yg 2 ag 3 Bg. 9) i] > & wy n ae fo) : fe ogF 3 = ae E ite) : k © a = ge fe) ie 3 8 fe o oy res] gs &s g . g BE Z . S 8B . > ee 7 8s. ; Boe Q ff ° SO pew § 8 8 rs _ oO [or Ey CERTIFICATE OF INTERESTED ENTITIES OR PERSONS Petitioner hereby certifies she is not aware of any entity or person that rules f 8.208 and 8.488 of the California Rules of Court require to be listed inthis . j Certificate. i ! | | 1 es | iv q

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-15
Waiver of right of respondent The State Bar of California to respond filed.
2021-09-29
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

Jennifer Kammerer
Jennifer Lynn Kammerer — Petitioner
Jennifer Lynn Kammerer — Petitioner
The State Bar of California
Robert G. RetanaThe State Bar of California, Respondent
Robert G. RetanaThe State Bar of California, Respondent