Is taking a full year off a “reasonable accommodation”?

Brenda Fields lost her case for several reasons.  She claimed to be a victim of disability discrimination.  To win her case, she had to prove that she could perform the essential functions of her job…as long as the school district provided a “reasonable accommodation.”  But the record did not support her.

First of all, the teacher made several statements to the principal that she was currently completely unable to work as a teacher. She was seeking a full year off, and then a transfer to another school.  As the court noted in its decision, “Reasonable accommodation does not require [an employer] to wait indefinitely for [the employee’s] medical conditions to be corrected.”

Second, she got the payments for her student loans deferred due to her complete inability to work, a position that her psychiatrist supported.

Then there was the fact that she sought disability payments from her private insurance company, again, accompanied by statements of her complete inability to return to work.

So let’s see.  Here we have a person who has made statements to third parties indicating that she just can’t work at all right now. She has also informed the school that she can’t work right now and that it will be at least a year before she can.  The court concluded that Ms. Fields was not a “qualified” individual with a disability. To be “qualified” she had to be able to perform the essential functions of the job, with only a “reasonable accommodation.”

The case is Fields v. St. Bernard Parish School Board, decided by the federal court for the Eastern District of Louisiana on October 16, 2000.  We found it at 2000 WL 1560012.

DAWG BONE: A ONE YEAR SABBATICAL WILL PROBABLY NOT QUALIFY AS A “REASONABLE” ACCOMMODATION. 

 File this one under: ADA and SECTION 504

TOMORROW: THROWBACK THURSDAY LOOKS AT MR. CHOPLICK’S CASE