In October 2021, Disability Rights Advocates and TRE Legal Practice filed a disability rights lawsuit in California State Court against the California Department of Insurance (CDI) for its failure to ensure the accessibility of its licensing exam for insurance agents for blind applicants. The lawsuit also included claims against PSI Services, the private entity that CDI contracts with to administer the exam.
In August 2024, DRA and TRE Legal Practice reached a settlement agreement with the California Department of Insurance and PSI Services on behalf of three blind individuals and the National Federation of the Blind. The settlement resolves claims that both CDI and PSI failed to ensure the accessibility of CDI’s insurance agent licensing examinations for blind applicants who use screen reading software to non-visually access text.
Under the settlement agreement, among other things, CDI agreed to no longer require blind or low-vision test-takers who use screen access software to first provide medical documentation. Individuals will be able to self-certify their need for the technology based on blindness or low vision, without the burdensome accommodations process or delay in examination scheduling.
PSI will additionally ensure its online testing technology is independently usable by blind and low-vision users in accordance with Americans with Disabilities Act accessibility and communication regulations. It will develop online testing technology that permits the use of screen reader software and related policies and training for test proctors.
Blind and low-vision test-takers who use screen readers will have access to the same examination scheduling options as those offered to others without disabilities.