In Incutto v. Newton Public Schools, 2019 WL 1490132 (2019), a full-time elementary school teacher (Incutto) sued the Newton Public Schools (Newton) under the Americans with Disabilities Act for failing to accommodate her fibromyalgia by denying her requests to work on a part-time basis. Newton moved for summary judgment on the basis that the ability to work full-time is an essential function of Incutto’s job, and her request to work part-time was unreasonable. Newton did not dispute that Incutto was able to perform the other essential functions of her position. The District Court denied Newton’s motion for summary judgment. The Court determined that Newton failed to present evidence that the job always requires the full-time presence of the same teacher in each classroom, and that a reasonable jury could find that working full-time was not an essential function of Incutto’s job. Further, a jury could find the requested accommodation was reasonable because other teachers in the school district—including Incutto herself—were permitted to job share or work part-time (for instance, teachers returning from maternity leave).
Accommodations should be granted consistently. Employers may be obligated to provide an accommodation under the ADA if, in other situations, that accommodation has been provided. If you are faced with this type of situation, be sure to reach out to your NMP attorney for guidance on providing accommodations.
