Last month, the Department of Justice found that the Tennessee Board of Law Examiners (TBLE) and the Tennessee Lawyers Assistance Program (TLAP) were violating the Americans with Disabilities Act by discriminating against bar applicants based on their past diagnosis of or treatment for substance use or mental health disorder.

Specifically, the DOJ found that the TBLE and TLAP subjected bar applicants to burdensome supplemental investigations triggered by their status or treatment for a substance use disorder and imposed intrusive and unnecessary conditions on admission based on past treatment. These practices violate the ADA’s prohibition against discrimination based on past or perceived disabilities, as such decisions are based on pure speculation without any basis in fact or research.