From yesterday's opinion by Judge P.K. Holmes, III in Doe v. Bd. of Trustees for Univ. of Ark.:
The Court concludes that the Law School's need to certify its students' character and fitness is a "business necessity" which is "vital to the business" of running a law school. As discussed above, the fundamental "business" of a law school is to produce lawyers. When a law graduate seeks to become a lawyer, a law school must certify that graduate's character and fitness to the relevant state bar in order for the bar admissions process to go forward. Therefore, the Law School's ability to certify the character and fitness of its graduates is integral to its central purpose of allowing those graduates to become lawyers—in other words, "vital to the business."
Further, the Law School had "legitimate, non-discriminatory reasons to doubt" whether Doe's apparent mental instability would be compatible with her chosen profession. The record in this case discloses that Doe assertively pressed her claims of harassment with many professors and administrators at the Law School, including a federal judge, demanding that they use their authority to intervene in the harassment. This is a legitimate basis for [Law School Associate Dean of Student Success] Pollvogt's concern that Doe might not be able to interact professionally with court personnel, especially if she perceived this harassment in a courthouse.
Perhaps more importantly, Doe's mention of the weapon manipulating her cognitive state and impairing her ability to study would have been legitimate grounds for concern about Doe's ability to soundly advise her clients and perform legal research tasks. Given the foregoing, the examination was job-related and consistent with business necessity.
An excerpt from Doe's allegations:
