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11th District allows school disability dispute to proceed
TRACEY BLAIR
Legal News Reporter
Published: May 31, 2021
A special education teacher sued Niles City Schools, alleging the defendants used her disability to force her to resign.
A Trumbull County trial court determined plaintiff-appellant Tami Caldwell was unable to show the defendants took an adverse employment action against her, and that since she voluntarily resigned, the district was not liable for failing to provide a reasonable accommodation.
The 11th District Court of Appeals recently found the trial court erred in granting summary judgment to the district, Superintendent Ann Marie Thigpen and Niles McKinley High School Principal Tracy Parry.
In her opinion, appellate Judge Mary Jane Trapp noted the record contains sufficient evidence to create genuine issues of material fact as to whether (1) the defendants took an adverse employment action against Caldwell based on her disability and (2) the defendants made a good faith effort to reasonably accommodate her.
Court records show Caldwell was hired as a limited-contract teacher beginning in the 1999-2000 school year. During her employment, Caldwell was diagnosed with fibromyalgia, multiple disc issues in her back, plantar fasciitis, chronic ankle tendonitis, back pain, anxiety, and depression. Her physical conditions eventually began to affect her ability to work.
Caldwell exhausted her available sick leave by November 2016 and received donated sick leave from fellow teachers. Caldwell was approved for leave under the Family and Medical Leave Act, as well as a a one-year leave of absence for medical reasons.
After Caldwell returned to work early for the 2017-2018 school year, she submitted a letter from Dr. Jacob Bair, requesting several workplace accommodations, including the use of her personal motorized scooter to travel from classroom to classroom.
The district ultimately provided her with several of the accommodations, including the use of her motorized scooter in the hallways. However, Caldwell alleged she continued to have difficulty with mobility and prolonged standing and walking while working in the classroom.
In late October 2017, the district’s then-treasurer, Linda Molinaro notified Caldwell she had exhausted all available leave and that it was “imperative that [she] address what [her] future employment will be with the district.” According to Molinaro’s email, Caldwell needed to submit a written request for unpaid leave to Thigpen or request sick days from the union’s sick leave bank.
Caldwell was also informed that if her absences continued through October with no future return to work, the district would remove her from its health care. In addition, Caldwell was told if she planned to return to work, she needed to provide Thigpen with “a doctor’s excuse showing no restrictions” prior to her return.
On Nov. 3, 2017, Caldwell and the teacher’s union president met with Thigpen to discuss her employment. Caldwell and Thigpen dispute what was discussed.
Caldwell testified during her deposition that she told Thigpen she was spending too much time on her feet even in the classroom. She asked Thigpen if there were other available options, such a self-contained classroom or a different position. She also asked Thigpen about using her scooter or a power wheelchair in the classroom because, due to her extreme foot and ankle pain, she needed some type
of mobility device to use while teaching in the classroom. Thigpen allegedly rejected the idea, responding that it would “cause a space and safety issue.”
Meanwhile, Thigpen testified there was a brief discussion about a motorized wheelchair, involving how much wider it was than the scooter and whether they would need to rearrange the desks. However, Thigpen denied telling Caldwell she could not take the scooter into the classroom or that she could not use the motorized wheelchair.
While her disability determination was pending, Caldwell was approved for an unpaid leave of absence.
In late December 2017, Caldwell was notified her disability claim was denied. In January 2018, she resigned after allegedly being told she would have to resign or return to work without her scooter.
“There is a genuine issue of material fact as to whether Ms. Caldwell voluntarily resigned or was constructively discharged,” Judge Trapp wrote. “Thus, there is necessarily a genuine issue of material fact as to whether Ms. Caldwell terminated the interactive process by voluntarily resigning.”
Appellate judges Thomas R. Wright and Matt Lynch concurred. The case is Caldwell v. Niles City Schools, 2021-Ohio-1543.