Jennifer L. Kammerer v. State Bar of California
Arbitration SocialSecurity ERISA
Does the Americans with Disabilities Act prohibit punishing an individual for being mentally ill by revoking their professional license and denying them access to a rehabilitation program?
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 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 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? 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 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? : it .