Takeaway: A public employer that allowed an employee with a disability to use a service animal as an accommodation, but took six months to do so, may have violated the Americans with Disabilities Act with its delay.
A delay in providing a reasonable accommodation might constitute a violation of the Americans with Disabilities Act (ADA), according to a federal appeals court.
The plaintiff was a 38-year-old mother living in Magnolia, Texas. She served in the U.S. Army and was deployed to Kuwait and Iraq in late 2003 in support of Operation Iraqi Freedom. The plaintiff sustained shoulder, leg, and brain injuries during her service and was later diagnosed with post-traumatic stress disorder (PTSD). She was medically discharged in May 2005.
After her discharge, the plaintiff’s disabilities progressed. In 2017, the U.S. Department of Veterans Affairs (VA) classified her as 100% disabled from service-related PTSD and depression, 20% disabled from a right knee subluxation (partial dislocation), 10% disabled from right knee joint disease, and 10% disabled from a chronic left ankle sprain.
The plaintiff began pursuing a career in the classroom after her military discharge. In 2012, she joined the Aldine Independent School District (AISD) as a fifth-grade and sixth-grade teacher. But her disabilities rendered her unable to continue teaching in the classroom, and she shifted to a testing coordinator position within the district in 2015. After six years of optimal performance, the...
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