In an unpublished 11th Circuit decision, a court has sent an ADA case back to a lower court to determine whether the Seminole County School Board discriminated against Marilyn Woodruff when it did not move her to less physically demanding jobs available in the district.
Woodruff suffers from bone, knee and back problems. The conditions limit her mobility and make it difficult for her to stand or walk for long periods. Her job as a teacher’s assistant requires her to monitor second-graders—a daunting task even for healthy people.
She requested to be transferred to a more sedentary job. One job that caught her eye was a secretarial position that involved a pay increase. When the school system denied her request, she sued.
The 11th Circuit sent the case back to the lower court. It noted that the ADA does not require employers to promote disabled workers to accommodate them.
Note: The court also stipulated that if Seminole County fails to place Woodruff in another job at the same pay grade, it must demonstrate that she is not qualified to perform that job.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Must you pay for protective equipment? OSHA explains rules
- What's an ADA disability?.... And nine more questions you'd better be able to answer
- You're not required to give reservists a post-duty rest period
- NLRB releases 'quickie union election' rule