A Capehart Scatchard Blog

Tag: reasonable accomodation

School Board Properly Terminated Teacher Who Failed Two Fitness Exams and Who Requested Hiring Part-Time Aide

By on March 18, 2016 in ADA, NJ Workers' Comp with 0 Comments

Reasonable accommodation has its limits as is noted in the case of Belasco v. Warrensville Heights City School District, 2015 U.S. App. LEXIS 21493 (6th Cir. 2015).  Norma Belasco, a long-time teacher, began to have serious health issues in 2007, starting with renal failure with an eventual kidney transplant in 2013.  She also had heart […]

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Employee Defeats School Board’s Motion for Summary Judgment in Case Involving Possible Use of Air-Conditioned Bus

By on October 21, 2015 in ADA, NJ Workers' Comp with 0 Comments

The Clayton County School District in Atlanta, Georgia employed Edith Hill as a bus driver.  During the school year 2009-2010 Hill was assigned a non-air-conditioned bus for special needs students.  The temperatures inside the bus rose above 100 degrees and Hill found she was experiencing serious difficulty in breathing.  She filed an “Employee Request for […]

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Court Holds that Employee With Restrictions Who Was Terminated Should Have Chance to Prove Reasonable Accommodations Could Have Been Made by Employer

By on April 2, 2015 in ADA, NJ Workers' Comp with 1 Comment

Many employers have 100% healed policies that can redound to their detriment in court.  That was the situation in Kauffman v. Petersen Health Care, VII, LLC, 769 F.3d 958 (7th Cir. 2014). Debra Kauffman worked as one of two hairdressers at Mason Point Nursing Home in central Illinois.  On Mondays and Tuesdays, she would wheel […]

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