Trial Magazine

Katherine Daniel-Rivera, who was in her 30s, worked as a medical support assistant. Seeking a job promotion, she researched programs that would allow her to become accredited in radiologic technology. Her search led to contact with a Keiser University admissions counselor, who informed her that she would be a good match for the school. Daniel-Rivera advised Keiser that she was deaf and that she would need an accommodation for this, as well as for her ADHD. The counselor told her that an accommodation could be provided once she enrolled at the school but not during the admissions and assessment process. Daniel-Rivera provided medical documentation of her disabilities over the course of 12 months and was accepted into the school’s radiologic technology program.

She later attended an orientation, anticipating that the school would provide her with an interpreter. At the meeting, however, she received a rejection letter from the school’s office of the chancellor stating that, among other things, her disabilities posed a threat to the health and safety of patients and providing ongoing interpreters would be difficult and inordinately expensive.

Daniel-Rivera sued the school, alleging violations of the Americans with Disabilities Act and §504 of the Rehabilitation Act.

The jury awarded $75,000.

Citation: Daniel-Rivera v. Everglades College, No. 0:16-cv-60044-WPD (S.D. Fla. Apr. 18, 2017).

Plaintiff counsel: AAJ member Matthew W. Dietz, Miami.