School District Hit With $2 Million Damage Award
2010-10/08 Jeffrey T. Jones   Printer Friendly PDF Version

Claims of disability discrimination are clearly on the rise.  Employers face substantial liability if found in violation of the Americans with Disabilities Act (ADA) or Wisconsin’s Fair Employment Act (WFEA).   

For example, a jury in the United States Western District Court of Wisconsin recently awarded a former teacher with the Somerset School District $2 million dollars.  The teacher, Renae Ekstrand, had filed suit against the School District alleging a violation of the ADA.  Ekstrand claimed that during the 2005-2006 school year, the School District reassigned her to a first grade classroom lacking exterior windows even though she had advised her principal that she had seasonal affective disorder (a form of depression).  She claimed that she told the principal that because of her condition she would have difficulty teaching in the classroom because it had artificial light rather than natural light.  Ekstrand maintained that there were two alternate rooms with windows that were available and that the School District could have assigned one of those classrooms to her.  Ekstrand alleged that as a result of the assignment to a classroom without windows, she began experiencing fatigue, anxiety, hypervigilance, tearfulness, and racing thoughts, and had trouble organizing tasks.  Ultimately, she went on medical leave, resigned from her job with the School District, and took a job in South Dakota. 

The jury sided with Ekstrand.  The jury found that the School District failed to accommodate her disability.  The jury awarded Ekstrand $1.76 million for emotional pain and anguish and an additional $242,000 for lost earning capacity, plus an additional amount for her attorney fees.  However, because of the small size of the School District, the actual award for the two legal judgments was capped at $100,000 .  It is expected that the School District’s insurance carrier will pay the two judgments and Ekstrand’s attorney fees.  The School District will have to pay $26,828 in back pay to Ekstrand and, of course, its own attorney fees.

In this case, a substantial amount of money was awarded to the plaintiff.  Luckily, the School District had protection under the law with respect to the legal caps on the amount of damages that could be recovered and, it appears, coverage for those damages under its insurance policies.  However, based upon what occurred in the Somerset case, employers may wish to review their insurance policies to determine what type of coverage they have with respect to damages, attorney fees, and legal costs to ensure that they are adequately insured.  Also, they should review their internal policies with regard to disability and reasonable accommodations or, if not in place, to implement such policies.  Perhaps with proper guidance, the situation that the Somerset School District faced could have been avoided.

Please feel free to contact, Jeff Jones, the author of this article, or any of the attorneys in the Employment, Labor & Benefits Practice Group of Ruder Ware: Ron Rutlin, Dean Dietrich, Mary Ellen Schill, Chris Toner, or Sara Ackermann if you have any questions with regard to this article.

© 2010 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.