Disabilities & Discrimination

A recent Seventh Circuit Court of Appeals decision should serve to remind schools of the importance of engaging in the “interactive process” with employees
who may request work-related accommodations under the Americans with Disabilities Act (ADA) and comparable state laws.

In this case, the plaintiff was a special education teacher living with post-traumatic stress disorder (PTSD).  The School District that employed her became aware of her diagnosis when she requested a leave of absence and transfer to another school due to a deteriorating relationship with the school principal that led to a PTSD relapse. Her requests were granted, and the teacher was transferred to teach in a program for children with learning disabilities as well as behavioral and emotional disorders.

Tomorrow is the last day to submit comments to the Department of Justice (the DOJ) in response to the 123 questions the DOJ posed in its supplemental advance notice of proposed rulemaking (SANPRM) regarding the regulation of web accessibility under Title II of the Americans with Disabilities Act. The SANPRM was released in May 2016, after the DOJ previously elicited comments on this issue back in 2010.