Medical student sues examination board alleging unfair discrimination

By Carrie Bradon | Nov 23, 2015

A medical student is suing an examination administrator, alleging discrimination for her learning disabilities.

Bernadette M. Bibber filed a complaint on Sept. 4 in the U.S. District Court for the Eastern District of Pennsylvania against the National Board of Osteopathic Medical Examiner Inc., citing violations of the Americans with Disabilities Act and New Jersey's Law Against Discrimination.

According to the complaint, Bibber is attending Rowan University School of Osteopathic Medicine in New Jersey. She purports that between February and June she filed multiple requests for special testing accommodations to take the Comprehensive Osteopathic Medical Licensing examination level one, citing her dyslexia, visual impairments and attention-deficit/hyperactivity disorder as challenges that would prevent her from completing the examination under normal testing conditions. The plaintiff's requests were repeatedly denied in April, May and June, resulting in emotional and mental anguish for Bibber, as well as preventing her completion of her medical school education, the complaint states. Bibber is suing the defendant on charges of discrimination, claiming that they were outside of their rights to deny her requests.

Bibber is seeking monetary compensation for all legal expenses incurred, as well as special testing accommodations of a 50 percent increase in examination time. She is represented by Charles Weiner of the Law Office of Charles Weiner in Bensalem.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:15-cv-04987

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