Case details

Teacher’s restrictions could no longer be accommodated: school district

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
In August 2018, plaintiff Lily Monge, 53, an elementary school teacher, was placed on medical leave by her employer, the Montebello Unified School District. She was not allowed to resume teaching. Monge had been diagnosed with multiple sclerosis in 2008, while she was employed by the Montebello Unified School District. She resultantly had about 15 work restrictions established by her neurologist in restriction letters that were provided to the district during a period of some 10 years. Her main accommodation was for bladder issues that required her to use a restroom two to three times a day, during class time. While Monge was gone during those restroom breaks, she needed another employee to supervise her fourth-grade class. Monge last worked as a fourth-grade teacher in June 2018, at the end of the spring semester. She claimed that the school district would not accommodate her for the 2018-2019 school year and would not allow her to return to teach in August 2018. Monge sued the school district. The lawsuit alleged that the school district’s actions constituted disability discrimination; a failure to provide a reasonable accommodation; a failure to engage in the interactive process; retaliation; harassment; and a failure to prevent disability discrimination, retaliation and harassment against its employees. Monge claimed that her accommodations were refused beginning in the 2018-2019 school year, resulting in her being placed on medical leave. Defense counsel contended that the school district had accommodated Monge’s disability and work restrictions for the better part of 10 years. Defense counsel also contended that the school district worked tirelessly with Monge, its own employees and outside compliance consultants to ensure that Monge was being reasonably accommodated for increasing work restrictions, including limitations on walking distance, the need to avoid cluttered or noisy areas, the need for extended time to complete paperwork, and the avoidance of stairs and crowded places. Defense counsel argued that, in August 2018, during an interactive process meeting, the school district discovered that Monge was requiring more time away from instruction than previously known, among other new issues. The defense claimed that Monge was placed on medical leave while she and the school district evaluated whether Monge could be reasonably accommodated in light of her medical decline and corresponding needs. Defense counsel claimed that, even after Monge had been placed on medical leave, the school district continued to engage in the interactive process with Monge to determine if there was a way to reasonably accommodate her extensive work restrictions, but that, ultimately, it was determined that Monge’s accommodation requests were affecting the quantity and quality of instruction to the students. The defense further claimed that Monge was experiencing declines in balance and cognitive function at that time, placing her and her students at risk and preventing her from performing her job’s essential duties, with or without accommodation. The defense noted that Monge’s neurologist ultimately classified Monge as permanently disabled because of the progression of her condition in May 2019 and that, as a result, Monge received a full disability retirement in July 2019., Monge was a teacher in the school district for about 23 years. She claimed that when she was not allowed to return to work in August 2018, she suffered extreme emotional distress. She ultimately retired from her position. Monge sought a return of her previously paid, accrued sick leave of $20,000, recovery of $1 million for past emotional pain and suffering, and recovery of $1 million for future emotional pain and suffering. Defense counsel presented evidence of Monge’s used sick time and argued that Monge’s sick leave was appropriately used to pay her while she was unable to work because of her medical condition. Thus, counsel argued that Monge was entitled to no damages of any kind.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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