Accommodating doctor list
Instead employee filed suit in federal court claiming in part that District violated the ADA by terminating Plaintiff because of his disability even though Plaintiff's “physical and mental impairments, with reasonable accommodation, would not have prevented plaintiff from performing the essential functions of his position with defendant.” District argued that because FDAB withheld his termination, he did not have a claim.Court disagreed, finding that FDAB’s decision did not have preclusive effect in its finding that employee was terminated for a legitimate, non-discriminatory reason. Takeaway: Just because FDAB upholds termination does not mean you are protected from an ADA discrimination lawsuit.If the district believes it can deny an accommodation on grounds of undue hardship, we strongly suggest consulting with an attorney before doing so. District repeatedly identified what information was necessary to determine the extent of employee’s disability and what accommodations would be appropriate. The Court held the district did not fail to reasonably accommodate the janitor’s disability.
Examples of reasonable accommodations might be: a stool so a teacher does not need to stand in front of a classroom, a PC projector for an employee who is allergic to chalk, or intermittent unpaid leave to deal with disability treatments.Takeaway: Districts are not required to provide reasonable accommodation to enable disabled employee to meet basic qualifications of job. An eighth grade math teacher was injured in a car accident, developing severe hyperacusis, an "abnormal hearing sensitivity." The teacher’s hyperacusis caused him intense, debilitating headaches whenever he was exposed to loud noises or to moderate noises for an extended period. Employee was transitioned from his job as a principal to a newly created position that combined administrative and counseling duties.The employee argued that although his employer offered him his choice of teaching loads, the employee’s hyperacusis prevented him from teaching more than .33 time and that the employer was aware of that fact. Soon after, he was diagnosed as suffering from disabling anxiety and, thereafter, Major Depressive Disorder.ADA.gov: ( The Department of Justice Civil Rights Division’s website gives overviews, technical assistance, and texts of the laws.EEOC: The EEOC’s Enforcement Guideline regarding reasonable accommodations can be found here: