Paula E. Chan, Alexandria Hakala, Antonis Katsiyannis, Jennifer Counts, Alex Carlson
{"title":"Litigation on Accommodating Teachers With Disabilities","authors":"Paula E. Chan, Alexandria Hakala, Antonis Katsiyannis, Jennifer Counts, Alex Carlson","doi":"10.1177/10442073211036899","DOIUrl":null,"url":null,"abstract":"Qualified employees with disabilities are entitled to reasonable accommodations under Title I of the Americans with Disabilities Act. The demanding nature of the teaching profession presents a particularly challenging context for accommodations; therefore, the purpose of this study was to examine litigation on accommodating teachers with disabilities. Authors searched Lexis+ to identify case law on accommodations claims by teachers with disabilities. Results indicated plaintiffs were primarily female. Depression represented the most common disability, followed by respiratory issues and post-traumatic stress disorders. Accommodation claims were adjudicated under the broad categories of failure to meet the essential functions of the position, failure to engage in the interactive process, and undue hardship. Implications for research and practice are also discussed.","PeriodicalId":46868,"journal":{"name":"Journal of Disability Policy Studies","volume":"33 1","pages":"112 - 121"},"PeriodicalIF":1.1000,"publicationDate":"2021-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Disability Policy Studies","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1177/10442073211036899","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"REHABILITATION","Score":null,"Total":0}
引用次数: 2
Abstract
Qualified employees with disabilities are entitled to reasonable accommodations under Title I of the Americans with Disabilities Act. The demanding nature of the teaching profession presents a particularly challenging context for accommodations; therefore, the purpose of this study was to examine litigation on accommodating teachers with disabilities. Authors searched Lexis+ to identify case law on accommodations claims by teachers with disabilities. Results indicated plaintiffs were primarily female. Depression represented the most common disability, followed by respiratory issues and post-traumatic stress disorders. Accommodation claims were adjudicated under the broad categories of failure to meet the essential functions of the position, failure to engage in the interactive process, and undue hardship. Implications for research and practice are also discussed.
期刊介绍:
The Journal of Disability Policy Studies addresses compelling, variable issues in ethics, policy, and law related to individuals with disabilities. A major focus is quantitative and qualitative policy research. Articles have implications in fields such as education, law, sociology, public health, family studies, medicine, social work, and public administration. Occasional special series discuss current problems or areas needing more in-depth research, for example, disability and aging, policy concerning families of children with disabilities, oppression and disability, school violence policies and interventions, and systems change in supporting individuals with disabilities.