Director’s Complaint in DFEH v. LSAC

  • SUSAN SAYLOR (#154592)
    • Acting Chief Counsel
  • ALEXANDRA SELDIN (#239708)
    • Staff Counsel
  • DEPARTMENT OF FAIR EMPMLOYMENT AND HOUSING
    • 2218 Kausen Drive, Suite 100
    • Elk Grove, CA 95758
    • Telephone: (619) 645-2575
    • Fax: (619) 645-3170
  • Attorneys for DFEH

BEFORE THE FAIR EMPLOYMENT AND HOUSING COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Complaint of
THE DEPARTMENT OF FAIR
EMPLOYMENT AND HOUSING,

vs.

LAW SCHOOL ADMISSION COUNCIL,
INC.,

Respondent,


HAMID MICHAEL HEJAZI; NICHOLAS E. )
JONES; and Redacted,

Complainants.

Case No.
U-200910-G-0012-00-p
U-20091 0-G-0011-00-p
U -20091 O-Q0003-00

NOTICE OF CLASS ACTION
COMPLAINT AND DIRECTOR’S
COMPLAINT

(Gov. Code§§ 12960, 12961 and 12965,
subd. (a).)

TO LAW SCHOOL ADMISSION COUNCIL, INC., 662 Penn Street, Box 40, Newton,
Pennsylvania, 18940:

PLEASE TAKE NOTICE that pursuant to Government Code sections 12960 and 12961, the Director of the DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (hereinafter “the Department”) has determined that the cases listed below will be treated and proceed as a group or class complaint for all purposes, and the Director has issued the following Complaint of Discrimination on behalf of the group or class described below:

Case number U-200910-G-0011-00-p, filed by Complainant HAMID MICHAEL HEJAZI against Respondent LAW SCHOOL ADMISSION COlJNCIL, Il’JC. on January 19,2010.

Case number U-200910-G-0012-00-p, filed by Complainant NICHOLAS E. JONES against Respondent LAW SCHOOL ADMISSION COUNCIL, INC. on January 21,2010.

Case number U-200910-Q0003-00, filed by Complainant Redacted against Respondent LAW SCHOOL ADMISSION COUNCIL, INC. on May 9, 2010.

The Director’s determination and issuance is based on the following:

  1. Complainants HAMID MICHAEL HEJAZI, NICHOLAS E. JONES and(hereinafter “Complainants”) filed individual verified complaints in writing with the Department on the dates herein indicated alleging that Respondent LAW SCHOOL ADMISSION COUNCIL, INC. (hereinafter “LSAC”) engaged in unlawful practices against them which were discriminatory on the basis of disability, in violation of the Fair Employment and Housing Act(“FEHA”), Government Code section 12900, et. seq. and the Unruh Civil Rights Act, Civil Code section 51.
  2. The Department’s investigation revealed that LSAC is a proper respondent for all purposes in this matter.
  3. The group or class of which the Complainants are members is comprised of all disabled individuals in the State of California who have or will request a reasonable accommodation for the Law School Admission Test (“LSAT”), administered by the LSAC, and who have or will be unlawfully denied such request from January 19, 2009 to the conclusion of the Department’s investigation of this complaint.
  4. There are common questions of law and fact involved which affect the parties to be represented and those persons similarly situated in that during the course of the Department’s
    investigation the Complainants provided and the Department obtained information, which, if proven, indicates that LSAC unlawfully denied or denies disabled individuals reasonable
    accommodations for the LSA T. Respondent disputes some of these allegations. The Department will continue the investigation to determine the merits of these allegations.
  5. The nature of the group or class is such that proof of a single set of facts will establish the right of each member of the group to recover.
  6. The Director will fairly and accurately represent the interests of the group or class.
  7. You may, but need not, respond to this notification in writing by submitting your response to:

    Alexandra Seldin
    Special Investigations Unit Administrator
    Department of Fair Employment and Housing
    2218 Kausen Drive, Suite 100
    Elk Grove, CA 95758

DATED: July 22, 2010

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

PHYLLIS W. CHENG
Director