The question of whether depression is covered by the Americans with Disabilities Act will have to be decided at some future place and time.
That question had been at the center of veteran schoolteacher Lisa Hubler's wrongful dismissal lawsuit against the Nevada R-5 School District, which she voluntarily dismissed today.
Ms. Hubler's decision came only hours after a federal judge refused her request to delay her deposition for at least 30 days because she was "not in an emotional condition to be deposed." That deposition was scheduled for today. Had she failed to appear, the decision, which was filed in U. S. District Court for the Western District of Missouri indicated, she risked having her case dismissed by the court and not being able to file it again.
By dismissing it herself, she has retained the right to file the lawsuit again.
In the suit, Ms. Hubler claimed she was wrongfully fired by the Nevada R-5 School District because of depression-related problems.
According to her petition, Ms. Hubler was hired by R-5 Superintendent Ted Davis on April 14, 2000. to teach first grade students in the district's Reading Recovery program. Previously, she taught fourth grade for 10 years in the North Kansas City School District.
From Oct. 9 to Oct. 20, 2000, the lawsuit said, Ms. Hubler was given two weeks of paid sick leave to deal with the onset of depression symptoms. The school offered her a reduced work schedule for three weeks after her leave, then she returned to working full time.
On Feb. 20, 2001, the lawsuit said, the principal, Debbie Spaur, and director of special services Geraldine Johnson "confronted plaintiff with allegations that she had abused her sick leave in October of 2000." Ms. Hubler was told that her trainer from Southeast Missouri State University Carrie Kleinsorge had reported that Ms. Hubler was not doing well in the reading recovery program. "Plaintiff was told that there was concern about her medical condition and her ability to do the job."
At the end of that meeting, Ms. Hubler was told she needed to decide whether she wanted to continue at Bryan Elementary. "The implication was clear that Principal Spaur and Director Johnson wanted her to resign. She asked if she was being told to quit." She was told it was up to her and that if she stayed job target goals would be set for her.
The next day, Ms. Hudler called Ms. Kleinsorge who told her that she was doing fine and expressed surprise about what the school officials said.
Ms. Hudler then spoke with the superintendent who told her her absences had "hurt her chances for a contract renewal."
The principal had also told Ms. Hudler there had been a parent complaint about her, according to the lawsuit. After talking with the parent, she said, it became apparent that was not the case.
On March 2, 2001, Ms. Hudler's psychologist prepared a request for medical leave for the rest of the school year. Ms. Hudler's husband told school officials she could return to work with proper accommodations and that she could not work due to the hostile work relations with the principal and Ms. Kleinsorge.
On April 12, 2001, Ms. Hudler received a letter telling her her contract would not be renewed.
Ms. Hudler claims that she was discriminated against because of her disability and that her civil rights were violated.
In documents filed with the court, school officials denied Ms. Hubler's claims.
8 comments:
Sounds to me--on the basis of what I have read here only--that she has very good justification for thinking that her civil rights have been violated and that she was unfairly discriminated against.
As I stated in a previous comment, depressed teachers should not be teaching. Our students already have enough problems (at school and home) without having to deal with depressed teachers.
AIMEE-----This is NOT about depressed teachers teaching...if the TRUTH were known 8/10 teachers teaching ARE depressed. And...I wonder why...GEEZE! Perhaps, you should check the districts previous similar actions against numerous OTHER teachers who were NOT depressed. Know your facts before you open your mouth.
You all have your opinions about this situation, but you really don't know Lisa Hubler. You don't know the details. You don't know what kind of people she worked for.You don't know the kind of town she lived in. I worked with her and she was a great teacher. The kids loved her.
although this is an old story the truth is that the Navada R-5 school districts leadership and school board turns a blind eye to hostile work enviroments. The easy way out is to force teachers out and make up reasons to fire them without due process. It's a crying shame what happens in the district and even more that it is supported form the very top!
I agree. Our school is the most political organization I've ever seen. I had a similar situation a few years ago--not with Dr. Davis nor Mrs. Johnson, though. After I took the FMLA to care for my parents, nothing that was promised about my return to work was followed through. I've never heard such lies from a superintendent nor principal. I hope Lisa fights this to the end. People in "high places" seem to think they are untouchable and it sounds like so far, they have been. Fight, Lisa!!!
Just out of curiosity.... Where do you live
Agree. But honestly I don't know what work environment is NOT hostile anymore. It's sad. I have gone through almost exactly what this teacher has gone through as a teacher and as a professional in other fields.
Post a Comment