Breimhorst v. Educational Testing Services

Educational Testing Services (ETS) (defendant), which administers exams like the SAT, GRE, and GMAT, flagged score reports for test-takers who received disability accommodations with the phrase "SCORES OBTAINED UNDER SPECIAL CONDITIONS," explaining the flag noted that accommodated scores might not accurately reflect ability. A group of disabled test-takers (plaintiffs) asked ETS to remove the flag, arguing it revealed their disability status to colleges even though their scores were comparable to non-disabled test-takers'; ETS refused, and the plaintiffs sued under the ADA. ETS moved for judgment on the pleadings.