The student claimed unlawful bias under federal law. But his lawsuit hit a major snag.

After compiling a stellar academic record en route to completion of high school and undergrad studies at Cornell University, James Brief began having some trouble during his first year of medical school.

Brief failed a number of exams during his first year, and he was placed on a schedule that stretched out his first two years of school work to four.

Although he rebounded by successfully completing his second year, he regressed in his third year and failed three more exams. In February of that year, he told the school for the first time that he’d been diagnosed with ADHD.

The school began to provide him more time on exams but eventually dismissed him, citing the significant number of failed exams he’d accumulated before his request for accommodation.

When Brief sued for disability discrimination, he lost. The court said he didn’t prove his condition was serious enough to qualify as a “disability” under the law. It also said the school’s decision to dismiss him was entitled to deference.

Cite: Brief v. Albert Einstein College of Medicine.

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Tags: accommodation, disability, disability discrimination, discrimination, dismissal