Takeaway: The COVID-19 pandemic has caused courts to reconsider the need for in-person attendance in all positions; nevertheless, timely attendance may still be an essential function of a teaching position.
A two-hour delayed start time wasn’t a reasonable accommodation for a teacher, the 7th U.S. Circuit Court of Appeals decided.
The plaintiff worked for the Department of Defense Education Activity (DODEA), which operates 160 schools across the globe to educate the children of military families. The plaintiff worked as a science teacher for DODEA since 2004. She is licensed to teach biology, chemistry and general science.
The plaintiff has a number of medical conditions, including migraines, intracranial hypertension, affective disorder, vertigo and attention-deficit/hyperactivity disorder. These conditions, together with medication that she takes to control them, have adverse effects on her major life activities. She has problems with balance; experiences difficulty walking and driving; has breathing problems; and experiences impaired vision, speech and memory.
In 2010, the plaintiff first asked her employer for accommodations to address her many challenges. Specifically, she requested a flexible start time, giving as an example that she might arrive 15 minutes late on a day she was having a migraine and make up that time at the end of the day. She also requested permission to be seated during part of the teaching day. She told the principal that a delayed start time...
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