News & Analysis as of

Americans with Disabilities Act (ADA) Reasonable Accommodation Teachers

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

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...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

Parker Poe Adams & Bernstein LLP

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more

TNG Consulting

Navigating Accommodations for Pregnancy & Related Conditions Post-COVID

TNG Consulting on

The October 2022 release of the Department of Education’s resource for students and schools on Discrimination Based on Pregnancy and Related Conditions reminds Title IX Coordinators of their responsibility to address all...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

Franczek P.C.

Are Mask Mandates a Reasonable Accommodation?

Franczek P.C. on

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...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

Nelson Mullins Riley & Scarborough LLP

[Webinar] Responding to Student Disability Accommodation Requests in the New Normal: You want to do what? We can’t do that...or...

A year after COVID-19 shuttered doors and opened a new world of online remote learning, K-12 schools, colleges, and universities are facing an increase in the number and type of student accommodation requests. The 2020 shift...more

Bricker Graydon LLP

Accommodating employees who are “high-risk” of contracting serious illness from COVID-19

Bricker Graydon LLP on

As the new school year approaches, school districts are seeing requests to work remotely during the upcoming school year from employees who report being at high-risk of serious illness if they contract COVID-19....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

Parker Poe Adams & Bernstein LLP

Shielding Teacher From Unruly Students Not ADA Reasonable Accommodation

Sometimes employers face requests for reasonable accommodation that do not cost much, but which would materially interfere with the employee’s ability to get their work done. Under the Americans with Disabilities Act (ADA),...more

Sands Anderson PC

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Sands Anderson PC on

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...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

Parker Poe Adams & Bernstein LLP

Teacher With Fear of Children Not Entitled to ADA Accommodation

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a disabled employee to perform the essential functions of the job. However, not all accommodation requests are reasonable....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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