Employee loses ADA lawsuit for failing to engage over alternative accommodations

A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding his failure to engage in discussions with his employer over alternative accommodations doomed his claim. The teacher alleged the school board had unlawfully refused to let him continue working from home after the district returned to in-person teaching following the COVID-19 pandemic. The district court rejected the claim, and the appeals court agreed.

Not coming in

Dr. Harold Smith worked for the Shelby County Board of Education (SCBE) as a public schoolteacher in Memphis, Tennessee. He requested to be allowed to telework while recovering from organ transplant surgery. He provided medical information indicating he was immunocompromised and asked to be allowed to continue working from home as an accommodation.

In response, the school district proposed several on-premises work locations where Smith could be isolated from contact with other employees and students. Alternatively, the school district suggested he apply for extended sick leave. He objected to the proposals and later resigned after he was suspended for not returning to the worksite. He then sued the school board for failure to accommodate under the Americans with Disabilities Act (ADA), and the case made its way to the U.S. 6th Circuit Court of Appeals.

Communication breakdown