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March 30, 2013

Teacher With Fear of Children Not Entitled to ADA Accommodation


Teacher With Fear of Children Not Entitled to ADA Accommodation

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a disabled employee to perform the essential functions of the job. However, not all accommodation requests are reasonable. The Sixth Circuit Court of Appeals recently rejected a claim by a teacher with a mental condition that made her fear young children, that she was entitled to an accommodation that would preserve her current job.

In Waltherr-Willard v. Mariemont City Sch., the plaintiff was a high school teacher who had been asked to transfer to an elementary school position. She declined, providing the school with information showing that she suffered from pedophobia, a diagnosed fear of young children. The school complied with her request, keeping the plaintiff at the high school until that position was eliminated due to curriculum changes. As an alternative, the school district offered her transfer to a middle school teaching position. The plaintiff initially accepted the transfer, but shortly thereafter requested a transfer back to the high school, claiming that the middle school job was negatively impacting her health. The school denied this request, noting that there were no open high school teaching positions at that time. The plaintiff sued under the ADA, claiming failure to accommodate her disability.

The Sixth Circuit affirmed dismissal of the claim on summary judgment. The court concluded that the plaintiff’s request for transfer back to the high school was an unreasonable accommodation because there were no vacant available positions at that time. The ADA does not require employers to create new jobs for disabled employees, or bump an incumbent employee in order to provide the requested accommodation.

In order to remain eligible for protection under the ADA, employees must be capable of performing the essential functions of their jobs. Some medical conditions legitimately prevent the employee from performing these duties. This case reminds employers that not every request for accommodation must be granted. An employee’s displeasure with the results of the accommodation consideration process will not serve as grounds for legal relief.

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3 Comments
  1. Release in EU?

  2. Pretty sure his intention was that immature tee1 are a vocal majority. One only needs to join a public XBL game to know that’s true. But don’t let that stop you from continuing on your crusade of righteousness, toddfox2.n”Actually, complaining, or as I like to say, engaging people who disagree with you in dialog, leads to all sorts of change.” -toddfox2n”So you’ll excuse me if I just ignore the rest of your post because you can’t be bothered to know whether you are making shit up.” -toddfox2nYou’re a man of many contradictio1, toddfox2.

  3. I’ll cut Mr. Hashimoto some slack since he is the Technical Director and thus engine capabilities and graphics are mostly likely his priorities. The problem it seems is the game designe1 and directo1 are also concerned with improving graphics and not in their respective fields. For me graphics was never an issues with Square Enix games. They’ve always manged to stay on par, if not on the cutting edge of graphics in the games industry along with the western develope1. The area they have been dragging behind on alone with their fellow Japanese develope1 is gameplay. JRPGs in particular seem to be stuck in this old tired mold that few are willing to break free of. Whats wo1t is they then think western develope1 are making the games playe1 like now so some of them try to copy the type of games they see are popular in the west. It’s like they just aren’t getting it. This obviously isn’t true of all Japanese develope1 but the majority who “don’t get it” We want them to innovate. Try something new! Think outside the box and don’t half-ass it.

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