A second chance is not a reasonable accommodation, according to a decision from the Seventh U.S. Circuit Court of Appeals in an Americans with Disabilities Act (ADA) case.

In January 2015, Sarah Schoper suffered a life-threatening pulmonary embolism that caused a traumatic brain injury. Because of the severity of the illness, she developed high-functioning mild aphasia, a condition that causes difficulty in retrieving words, as well as other physical disabilities.

After her injury, Schoper’s neurologist told her that complex intellectual activities would hasten her recovery. So, the tenure-track assistant professor at Western Illinois University sought to return to teaching as soon as possible.

The University provided her with physical accommodations and allowed her to teach the same courses she had previously taught.

Although Schoper’s students complained about her teaching skills, she did not stop the tenure clock, which was governed by a collective bargaining agreement. The peer committee recommended that she not receive tenure based on her average scores and the negative comments from her students.

The department chair reached a similar conclusion and so did the college personnel committee; Schoper requested reconsideration, which was denied. Ultimately the dean and president of the University agreed that Schoper not be recommended for tenure.

Schoper sued, alleging the University discriminated against her on the basis of her disability and failed to offer her...

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