Singh

INTRODUCTION

Tajinder Singh took a test required to become a licensed physician in California four times, and failed each time. Then, according to Singh, he discovered he had a disability that affected his test-taking ability. He took the test a fifth time, with medication for his disability, and passed. The Medical Board of California, however, has a four- strikes-and-you’re-out rule: An applicant for a medical license only gets four chances to pass the test. When the Medical Board refused to count his passing score on the fifth test, Singh sued the Medical Board and its executive director, William J. Prasifka (collectively, the Medical Board), for disability discrimination under federal and state statutes and a writ of mandate under Code of Civil Procedure section 1085. The trial court sustained demurrers by the Medical Board without leave to amend. Because we accept as true Singh’s allegation that using his fifth test score would accommodate his disability, and because the reasonableness of a proposed accommodation is a factual question on which the Medical Board has the burden of proof and which therefore cannot be resolved on demurrer, we reverse and direct the trial court…