On December 20, 2024, Magistrate Judge Christine Little (of Tulsa) denied Jenks Public Schools' motion to dismiss an American with Disabilities Act (ADA) failure-to-accommodate claim and an ADA retaliation claim of a former teacher. Here are six important lessons for HR and employment lawyers from Wood v. Independent Sch. Dist. No. 5, 2024 WL 5191292 (N.D. Okla. Dec. 20, 2024).
The Facts
Angela Wood taught at Jenks for nearly 20 years and received good reviews. In 2011, Jenks named her the Eighth Grade Team Leader. In 2018, it named her the Key Club Team Leader. But things changed when she went deaf in one ear, and she had significant hearing loss in the other ear. Wood tried to compensate by learning to lip-read, but the deafness impaired her ability to communicate with students in class.
During the pandemic in 2020, Jenks held in-person classes, virtual classes, and hybrid options. Wood asked for a virtual class as an accommodation for her hearing. But Jenks denied it, claiming there wasn't a vacancy for which she was qualified, though it did grant her a hearing device. Between April 2021 and May 2022, she kept asking about and applying for vacancies to accommodate her hearing. During an evaluation in April 2022, she asked again, but her requests were ignored, and she was never invited to interview for open positions for which she was qualified.
In May 2022, Wood emailed the superintendent and HR, complaining about the two years of inaction. In June 2022, the Principal removed Wood as the Eighth Grade Team Leader. Though he restored her after she complained, he removed her again in October 2022, causing her to lose the extra pay with the role.
Wood then met with district leaders in October 2022 to discuss her need for an accommodation and the retaliation by the Principal. In a follow-up meeting, the Principal "was angry and verbally attacked" Wood for "complaining to School District leaders about" him. She explained again "why her hearing loss necessitated a job accommodation" and her struggles with anxiety and depression.
Jenks requested medical documentation, but didn't follow up with Wood about an accommodation. So, in February 2023, Wood emailed HR about her options. After waiting a month with no response, she filed a charge with the Equal Employment Opportunity Commission (EEOC) and resigned at the end of the school year. She sued Jenks for violating the ADA, and Jenks moved to dismiss her claims.
Lesson 1'the 300-day deadline to file a charge...
