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Teacher can sue for failure to accommodate microwave sickness

March 2021 employment law letter
Authors: 
Jennifer O'Sullivan, Duane Morris LLP

The California Court of Appeal has become the first court in the country to allow a claim for microwave sickness after a teacher diagnosed with electromagnetic hypersensitivity was permitted to proceed with her allegation that the Los Angeles Unified School District (LAUSD) failed to accommodate her condition that arose after an updated Wi-Fi system was installed at the school where she taught.

Teacher claims discrimination

In 2012, the LAUSD hired a technical services firm to consult on replacing its existing Wi-Fi system at one of its middle schools to an upgraded system. Laurie Brown, a middle-school teacher employed by the district, began teaching at the school in 2015. Later that same year, the LAUSD installed and began operating the upgraded Wi-Fi system at the school.

Shortly after activation of the new Wi-Fi system, Brown started complaining of numerous physical symptoms, including chronic pain, headaches, nausea, itching, burning sensations on her skin, heart palpitations, respiratory complications and fatigue, as well as feeling foggy-headed. She reported her symptoms to her supervisors and took several days of sick leave. When she returned to campus the following week, she felt ill again within a few hours.

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