A woman had worked as a teacher’s aide in a New Jersey school district for four years when she was informed by letter that she would not be rehired the following year. The letter did not provide any reason why she should not continue in her current position. There was no mention of poor performance, no list of complaints. But the teacher’s aide believed she knew exactly why she was not being brought back.

Earlier that year, she had complained to the New Jersey Division on Civil Rights, stating that her superiors failed to accommodate her disability and engaged in discrimination based on disability. The woman had injured her knees years before and was not mobile without either two canes or a battery-powered scooter. Yet the principal at her school denied her the ability to use a parking space near the building entrance. In addition, various meetings were scheduled at locations not accessible to her over her explicit objections.

The teacher’s aide then lodged another complaint with the Division on Civil Rights, alleging that the board of education’s letter amounted to a retaliatory measure for her first complaint. The two sides have just announced a settlement in the case, however. Under the terms of the agreement, the woman will receive $83,000 from the West New York Board of Education. The board must also provide anti-discrimination training to certain supervisory employees.

Disabled workers have the protection of New Jersey and federal laws that preclude employers from discriminating against them. These laws apply to decisions made regarding whether to hire, discharge or provide accommodations for an employee with a disability.

Source: The Star-Ledger, “West New York to pay teacher’s aide $83K settlement over failure to accommodate disability,” Christopher Baxter, July 10, 2012.