Plaintiff, a teacher, appealed a decision by the United States District Court, Northern District of New York, granting a Central School District's [CSD] motion for summary judgment dismissing Plaintiff's claim that the CSD had violated the Americans with Disabilities Act [ADA] when it failed to provide her with a reasonable accommodation for her disability.
Plaintiff conceded that "notwithstanding her disability-related pain", she was able to perform the essential functions of her job “regardless of the alleged denial of her accommodation” by CSD. Accordingly, the federal district court held that she failed to satisfy her burden of proving that she was entitled to a reasonable accommodation within the meaning of ADA.
Such a ruling, said the United States Circuit Court, Second Circuit, was error, noting "A straightforward reading of the ADA confirms that an employee may qualify for a reasonable accommodation even if she can perform the essential functions of her job without the accommodation". Further, opined the Court, "an ability to perform the essential functions of the job is relevant to a failure-to accommodate claim, but it is not dispositive".
The Circuit Court's decision noted that Plaintiff had worked for CSD for approximately 20 years and has suffered "for decades from post-traumatic stress disorder" [PTSD] related to sexual harassment and sexual assault by a supervisor in her former workplace and her PTSD symptoms "affected her neurological functioning, interfered with her ability to perform daily tasks, induced a stutter that impedes communication, and caused nightmares so severe she has awakened vomiting."
Following a change in school administration, CSD began prohibiting teachers from leaving school grounds during preparation periods. When Plaintiff attempted to do so despite the new policy, she was reprimanded for insubordination and was told that "the documentation [Plaintiff] had on file was insufficient to establish her right to a reasonable accommodation".
Rather than provide additional documentation, Plaintiff took paid sick leave and then requested leave pursuant to the Family and Medical Leave Act [FMLA]. Upon Plaintiff's return from FMLA leave, CSD granted her one of her requested breaks in the morning, plus a break in the afternoon on days when a school librarian could watch her students but when a librarian was unavailable, Plaintiff was unable to take an afternoon break.
Viewing the evidence in the light most favorable to Plaintiff, the Circuit Court's decision noted that Plaintiff had "used breaks to compose herself away from the workplace", an environment that tended to trigger her symptoms.
The Circuit Court of Appeals concluded that the District Court erred by holding that an employee’s ability to perform the essential functions of her job without a reasonable accommodation is fatal to her failure-to-accommodate claim. Vacating the lower court's judgment, the Circuit Court remanded the matter to the District Court "for further proceedings" consistent with its opinion.
Click HERE to access the Circuit Court's decision posted on the Internet.