Qualification before accommodation — Ninth Circuit addresses EEOC guidelines in ADA case

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Abstract: One cannot obtain protection under the Americans with Disabilities Act (ADA) unless he or she clearly qualifies for it. This was the key issue in a case in which a school district’s Board of Trustees denied provisional teaching authorization to a special education teacher who’d been unable to renew her certificate during a major depressive episode. Soon afterward, they terminated her because she’d violated the terms of her contract by allowing her certification to lapse. She sued, alleging that the Board violated the ADA by discriminating against her because of her disability. This article discusses the appeals court’s ruling. Citation: Johnson v. Board of Trustees Boundary County School District, No. 10-35233, Dec. 8, 2011 (9th Cir.)