The Department of Justice has accused more than one bar association of violating the Americans With Disabilities Act.Louisiana and Vermont licensure systems inquired as to the mental health of applicants. Apparently, some of the same questions of which the complaint by DOJ is registered are asked in a standard national Conference of Bar Examiners questionnaire.
The Bar is not qualified to conduct a mental health diagnosis or treatment, according to the DOJ. Past behavior … conduct … can be reviewed, but not one’s state of mind or status.
I wonder how this analysis will resonate with those who complain that one’s competency to act as an attorney can be judged by one’s age. Shouldn’t conduct be the standard? Aren’t you presumed innocent (i.e., competent) until proven otherwise? That would be ageism … a status I think that is also protected by law.