Blind Law Student Sues Wayne State For Failure To Accommodate Her Disability

Law360, Wayne State Univ. Law School Violated ADA, Student Alleges:

A student at Wayne State University Law School alleges the university violated the Americans with Disabilities Act by refusing to allow her to attend class remotely or provide other accommodations due to her disabilities.

According to a 15-page complaint filed in the Eastern District of Michigan on Friday, Hind Omar — who is blind and sufferers from chronic mental illness, according to the complaint — was told by the university when she asked to attend classes remotely that her accommodations would be a "fundamental alteration" of the law school's course of study.

"The law school's frequent response to Ms. Omar's requested accommodations was, 'That is not how we do it here,'" the complaint states.

Law360, Wayne State Law Student Refused Accommodations, School Says:

Wayne State University argued Wednesday it did not violate the Americans with Disabilities Act by not letting a law student attend class virtually, telling a Michigan federal judge the student, who sued the university, turned down its offers of in-class accommodations, on-campus housing and other resources to help her attend lectures.

After both parties moved for summary judgment on Aug. 28, the Board of Governors of Wayne State University alleged in a response Wednesday that Hind Omar, who said she's blind and lives with chronic mental illness, was "unwilling to engage in a true interactive process" and instead took a "my way or the highway approach." The board asserted that Omar filed her lawsuit last year without attending any classes or testing any of Wayne State University Law School's proposed accommodations. ...

David A. Nacht of NachtLaw PC, an attorney representing Omar, told Law360 Pulse in an email Wednesday, "It is ridiculous for the university to fail to offer a blind student suffering from PTSD with accommodations provided to all students during COVID."

The school, in its filing, called the comparison to COVID-era remote classes "fundamentally flawed." "During COVID, entire classes, including instructors, utilized platforms like Zoom," the university said in the response to Omar's motion. "This created a uniform learning environment for all participants. ... In contrast, Omar's request would place her as the sole remote participant in otherwise in-person classes."

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