Lawsuit filed by blind student accuses Duke University of discrimination
A lawsuit filed in federal court Thursday accuses Duke University of discriminating against blind students and alumni by failing to ensure they can access everything from application documents to course materials.
The National Federation of the Blind said in a press release that Mary Fernandez, a blind student who began the Duke Daytime MBA program at the Fuqua School of Business two years ago, encountered multiple instances in which she couldn’t access education materials.
The release said Fernandez uses Job Access with Speech — a program that offers text-to-speech and a refreshable Braille display of website pages — hard-copy Braille and tactile graphics to do schoolwork.
In the press release, Fernandez said she was assured by a Duke official the school would provide the accommodations she required to have equal access to education. But Fernandez “experienced barriers that permeated every aspect of her educational experience,” the release said.
She encountered an inaccessible web app when applying for admission, couldn’t access course descriptions when registering for classes and wasn’t provided timely access to course materials that were accessible.
“As a result,” the release reads, “Ms. Fernandez was continually forced to divert her time and attention away from her studies to advocate for equal access to her education.”
The lawsuit says Duke’s actions violate the Americans with Disabilities act and the Rehabilitation Act, which prohibit discrimination on the basis of disability.
The suit claims the school’s actions caused her to pay for tuition and other expenses for an educational experience that is inferior to what sighted students receive. It says she has lost career opportunities and suffered severe emotional distress.
A Duke spokesperson said in an email to The News & Observer that the school would not comment on pending litigation.
“I expected an institution with Duke’s high standards and reputation to be able to meet my needs as a blind student and was assured that would happen,” Fernandez said in the press release. “Instead, my time at Duke has been something of a nightmare. I hope the action I am now taking will improve things for future blind students who want to attend Duke.”
The plaintiffs, Fernandez and the National Federation of the Blind, are being represented by Disability Rights NC and Baltimore-based law firm Brown Goldstein Levy.
“Blind students must have access to course materials in accessible formats including Braille, along with equal access to digital platforms and content, at the same time as sighted students in order to have an equal opportunity to succeed,” said Mark Riccobono, president of the National Federation of the Blind.
Fernandez and the NFB are asking for a declaration that Duke has violated and continues to violate the Rehabilitation Act and the ADA. The lawsuit also requests an injunction requiring Duke to make course registration and job search software accessible, provide fully accessible course materials in a timely manner and make all resources for alumni accessible.
Fernandez is also asking for an unspecified amount of compensatory damages for her time, emotional distress, other damages and both plaintiffs’ attorney’s fees.
Virginia Knowlton Marcus, CEO of Disability Rights North Carolina, said in the press release: “The failure to provide blind students with timely, accessible course materials and career services not only harms their educational experience, it puts their future career and economic self-sufficiency at risk.”
“Duke University, in particular, has previously been sued by Disability Rights NC regarding the inaccessibility of its course materials and has the responsibility to know better and do better,” Marcus said.
