萝莉网

LEGAL BRIEF

The school district鈥檚 superintendent can hardly believe her ears: The high school principal reports that a female custodian slapped a male student鈥檚 rear end as she passed him at his locker. The principal interviewed the custodian, who admits the behavior but claims she has sleep apnea and was in a 鈥渟tupor.鈥�

Believing there to be clear evidence of significant misconduct, the superintendent recommends termination of the employee. However, the custodian hires an attorney who claims it would be illegal to terminate because the alleged misbehavior was a symptom of her disability. What is the superintendent to make of such a situation?

Although it may seem counterintuitive, federal courts have established that school employees in some parts of the country may be protected from discipline or discharge due to certain misbehavior that stems from a medical condition qualifying as a disability under the federal Americans with Disabilities Act. State nondiscrimination laws may also provide similar protections.