Recently the United States Department of Justice (DOJ) filed a complaint against West Memphis School District (WMSD) for violating Title I of the Americans with Disabilities Act (ADA). The lawsuit alleges that WMSD denied the request of a school science curriculum specialist with a disability temporary telework as a reasonable accommodation to avoid damage to her health. WMSD denied the request without discussing it, or possible alternative accommodations, with the employee. As a result of WMSD’s denial, the employee was forced to resign. The DOJ seeks a court order directing WMSD to modify its policies, practices, and procedures to comply with the employment provisions of the ADA, train staff on the requirements of the ADA, and award relief to make the former employee whole. To read more, please read our press release. For more information on the ADA, please visit ADA.gov.

The ADA requires that employers provide reasonable accommodations to employees with disabilities, which may include telework, when it does not pose an undue hardship to the employer.

The Plaintiff’s request for a reasonable accommodation to work from home was denied in an email from the school district’s business manager, stating in part, “West Memphis School District is not allowing work from home accommodations for any personnel during the 2020-2021 school year.” The email further stated that unpaid Family Medical Leave Act (FMLA) leave may be available to district personnel, but only for “non-Covid-19 issues.” West Memphis School District required employees to report to their school sites on August 7, 2020. The Plaintiff took leave because it was unsafe for her to attend work at her school site.

Eventually the Plaintiff filed a charge of disability-based discrimination with the Equal Employment Opportunity Commission (EEOC) alleging, among other things, that WMSD discriminated against her in violation of the ADA by failing to provide a reasonable accommodation, failing to engage in an interactive process, and constructively discharging her.