PITTSBURGH – A Western Pennsylvania educator claims the school which employed her both failed to accommodate her diagnosis of Multiple Sclerosis and then forced her to resign from her position.
Melissa P. Fischer of Sharon filed suit in the U.S. District Court for the Western District of Pennsylvania on April 11 versus Farrell Area School District, of Farrell.
“Fischer began working for defendant on Aug. 18, 2003 as a Learning Support Teacher. Fischer is a covered individual with a disability given her condition of Multiple Sclerosis, which causes her significant impairment of major life activities such as walking, standing and climbing stairs. Defendant was aware of Fischer’s disability. Defendant assigned Fischer to the High School from her date of hire through the end of the 2020-2021 school year. Defendant’s Special Education Director, John Seybert, reassigned Fischer to the Elementary School, first floor, for the 2021-22 school year, as a Life Skills Support Teacher,” the suit states.
“Defendant reassigned Fischer to the Elementary School, even though less tenured Life Skills Support Teachers could have been reassigned instead of Fischer. Defendant’s Elementary School is not handicapped accessible because: a) The parking lot does not have close handicapped parking spots as the nearest spot is approximately 100 yards from the entrance; b) There are no handrails at the entrances of the building; and c) The layout of the building required Fischer to go up a flight of stairs, then down a flight of stairs before being able to get outside during fire drills. In June 2022, Fischer complained to Seybert about the lack of handicap accessibility of the Elementary School, and requested from Seybert the reasonable accommodation of returning to the High School, because it was much easier for Fischer to navigate the physical layout of the building. Seybert ignored Fischer’s request.”
The suit continues that instead of providing Fischer a reasonable accommodation, Seybert “reassigned Fischer to the 2nd floor of the Elementary School for the 2022-23 school year, which would only cause Fischer more difficulty and hardship by having to navigate the building by having to climb another set of stairs each day.”
“Defendant’s failure to provide Fischer with reasonable accommodation caused Fischer to take a leave of absence using her accrued sick time from the start of the 2022-23 school year until Feb. 28, 2023, when her sick time was exhausted. Fischer’s accrued sick days ended on Feb. 28, 2023, causing Fischer to request reasonable accommodation of being placed on a medical sabbatical for the remainder of the 2022-23 school year,” the suit says.
“In March 2023, Fischer’s union representative said that defendant’s Superintendent, Laura Adams King, denied Fischer’s request for a medical sabbatical and that Fischer had to resign or be terminated. Fischer, therefore, was constructively discharged by being forced to resign because defendant failed to provide Fischer with reasonable accommodation.”
For three counts of violating the Americans with Disabilities Act of 1990 through failure to accommodate, disability discrimination and disability retaliation, the plaintiff is seeking the following relief:
• That defendant be ordered to place plaintiff into the position she should have had but for defendant’s discriminatory actions, together with all benefits incident thereto, including, but not limited to wages, benefits, training and seniority;
• That defendant be required to compensate plaintiff for the full value of wages, she would have received had it not been for defendant’s illegal treatment of plaintiff, with interest until the date plaintiff is offered employment into a position substantially equivalent to the ones which plaintiff was denied;
• That defendant be required to provide plaintiff with front pay if the Court determines placing plaintiff in a similar position is not feasible;
• That defendant be required to compensate plaintiff for lost benefits, including profit sharing and/or pension benefits until plaintiff’s expected retirement date;
• That plaintiff be awarded compensatory damages in an amount to be determined at trial;
• That defendant be enjoined from discriminating or retaliating against plaintiff in any manner prohibited by the ADA;
• That plaintiff be awarded against defendant the costs and expenses of this litigation, including a reasonable attorney’s fee; and
• That plaintiff be granted such further legal and equitable relief as the Court may deem just and proper.
The plaintiff is represented by Colleen E. Ramage and Nikki Velisaris Lykos of Ramage Lykos, in Pittsburgh.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:24-cv-00545
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com