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Was Price right for the job?

December 2022 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

A California trial court determined a school district had good and nondiscriminatory reasons to terminate a part-time substitute teacher and special education aide because she was medically incapable of doing the job. The court of appeal had to decide whether there was enough evidence of disability discrimination to take the teacher’s claims to a jury.

Question of balance

La Vonya Price worked intermittently as a part-time substitute special education aide at the Victor Valley Unified School District. She received an offer for a full-time position that was contingent on passing a physical exam. When she failed the exam for not being “medically suitable for the position,” the district rescinded the offer, terminated her as a substitute, and disqualified her from any future employment with the district.

Price suffered a serious stroke in 2003 that initially left her paralyzed. After years of treatment, she eventually regained the use of her body and relearned how to speak, stand, and walk, yet she didn’t fully recover. By 2007, her condition had improved, but she still struggled with grasping and holding items, although she could hold small items.

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