Posted on October 8, 2010 by Tiffany Schmidt

$2 Million Jury Verdict Against a Wisconsin School District For Violating the ADAAA

Many people have disabilities. Some are physical and obvious to an average observer, such as a person in a wheelchair or like my daughter who has a hearing aid, though her hearing aid is generally covered up by her long blonde hair. People with obvious disabilities which affect a major life activity certainly fall under the Americans with Disabilities Act Amendments Act 2008 (ADAAA). However, other people suffer from disabilities which are not as obvious to an average observer, such as depression, chemical sensitivity, or Krohn’s disease. These disabilities may also fall under the ADAAA.

The Somerset School District in Wisconsin learned an expensive lesson on Tuesday, when a jury awarded a former teacher $2 million because the school district failed to accommodate her disability. Ms. Ekstrand, a veteran teacher, suffered from a form of depression known as seasonal affective disorder (SAD). Treatment for SAD requires exposure to natural light. Ms. Ekstand had worked for the school district for 5 years, when she was assigned to a room with no windows. She repeatedly requested to change to an exterior classroom, and was denied by the school district. Court documents show, the Somerset School District had an exterior room empty, which could have been used by Ms. Ekstrand. Additionally, another teacher offered to relocate rooms to accommodate Ms. Ekstrand’s request. The school district however refused to allow her to change rooms.

The ADAAA requires employers to provide reasonable accommodation to employees with disabilities. In this case it would have been a minor hardship on the school district to provide Ms. Ekstrand with a classroom to meet her needs. In the end, allowing Ms. Ekstrand to change classrooms would have saved the school district a lot of money.

I’ve written in the past about the importance of accommodating employees with disabilities.

So, what should Employer’s do if an employee approaches them requesting accommodation for a disability?
1) Ask the employee for documentation of the disability and inquire about necessary accommodations.
2) Talk to your attorney.

Tags: