In a fact scenario all-too-common in disabilities discrimination cases, the employer here accommodated an employee for a number of years, but then retrenched. The Seventh Circuit reverses summary judgment in an ADA case in which an employer allegedly failed to accommodate an employee with a sleeping disability. The panel holds, among There things, that the record presents a genuine issue of material fact about whether the employer made overtime an essential function of the job.
Apparently, in Cleveland, Ohio public schools, the ability to yell at the class - here, politely termed "verbally control[ling] resistive students" - is deemed an "essential function" of teaching. A teacher's medical restriction not to raise her voice, holds an unreported Sixth Circuit decision today, means that she is not a "qualified individual" under the ADA.
One of the critical stages in many disability discrimination cases is when the employee gets a new manager or supervisor, who does not understand - or is insensitive to - an accommodation formerly extended to a person with a disability. As this First Circuit case reveals, a botched switch in the gears can create a triable issue of fact for a jury about whether the employee was denied reasonable accommodations.