News & Analysis as of

Disability Discrimination Reasonable Accommodation Teachers

Goldberg Segalla

Second Circuit Affirms that ADA Workplace Accommodation Protections are Broad

Goldberg Segalla on

In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)....more

Pullman & Comley - Labor, Employment and...

ICYMI: Federal Court Clarifies Employee Rights to Workplace Accommodation under the ADA

Take note, employers: if your decision to accommodate a qualified employee with a disability is solely based on necessity, you may be inviting unnecessary legal exposure. ...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodation may be required even if “essential functions” can be performed without

Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more

U.S. Equal Employment Opportunity Commission...

Washington Unified School District to Pay $17,000 in EEOC Age Discrimination Charge

Federal Investigation Found School District Discharged Teacher Because of Age - FRESNO, Calif. – The Washington Unified School District, located in Fresno, Calif., settled a federal charge of age discrimination filed with...more

Seyfarth Shaw LLP

Seventh Circuit: A “Do-Over” Is Not an Accommodation

Seyfarth Shaw LLP on

The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

Fisher Phillips on

A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Fisher Phillips

It's OK to Not Be OK: How Schools Can Address Mental Health Wellness for Employees

Fisher Phillips on

The pandemic has affected all aspects of daily life over the past few years and brought mental health awareness to the forefront of employee-related concerns. In addition to taking a heightened interest in student well-being,...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Proskauer - California Employment Law

“100% Healed From Injury” Policies May Violate the CA Fair Employment and Housing Act

The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury. As part of the settlement, the...more

Pullman & Comley - School Law

Are You Training Your Teachers on Trauma-Informed Practices?

The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more

Franczek P.C.

Disabled Substitute Teacher Applicant Raises Some Adequate Claims Against Illinois School District

Franczek P.C. on

A federal trial court in Chicago recently decided that a disabled applicant for a substitute teacher position at Zion School District No. 6 alleged sufficient facts against the District to proceed with a lawsuit against it....more

Franczek P.C.

Seventh Circuit Upholds Jury Verdict in Favor of Teacher with Seasonal Affective Disorder

Franczek P.C. on

On June 26, 2012, the U.S. Court of Appeals for the Seventh Circuit upheld a jury verdict finding in favor of a teacher with seasonal affective disorder claiming a Wisconsin school district violated her rights under the...more

Proskauer - California Employment Law

Teacher With Expired Teaching Certificate Was Not "Qualified" Within The Meaning Of The ADA

Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient...more

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