Litigation on Accommodating Teachers With Disabilities. (September 2022)

• Record Type: Journal Article
• Authors: Chan, Paula E.; Hakala, Alexandria; Katsiyannis, Antonis; Counts, Jennifer; Carlson, Alex
• Is Part Of: Journal of disability policy studies. Volume 33:Number 2(2022)
• Page Start: 112
• Page End: 121
• Publication Date: 2022-09
• Subjects: accommodations -- civil rights -- employment; People with disabilities -- Government policy -- Periodicals; People with disabilities -- Services for -- Periodicals; People with disabilities -- Government policy -- United States -- Periodicals; People with disabilities -- Services for -- United States -- Periodicals; 362.4097305
• DOI: 10.1177/10442073211036899
• Languages: English
• ISSNs: 1044-2073

Abstract

Qualified employees with disabilities are entitled to reasonable accommodations under Title I of the Americans with Disabilities Act. The demanding nature of the teaching profession presents a particularly challenging context for accommodations; therefore, the purpose of this study was to examine litigation on accommodating teachers with disabilities. Authors searched Lexis+ to identify case law on accommodations claims by teachers with disabilities. Results indicated plaintiffs were primarily female. Depression represented the most common disability, followed by respiratory issues and post-traumatic stress disorders. Accommodation claims were adjudicated under the broad categories of failure to meet the essential functions of the position, failure to engage in the interactive process, and undue hardship. Implications for research and practice are also discussed.