WMSD sued for violating American Disabilities Act

Science teacher denied remote work request during COVID-19 pandemic

By DON WILBURN

donaldfwilburn@gmail.com

The West Memphis School District is facing legal action, yet again — this time from the U.S. Department of Justice – after a teacher, Chloe Cox, was allegedly denied her request to work remotely during the early months of the COVID-19 pandemic. The lawsuit, filed in U.S. District Court for the Eastern District of Arkansas on Tuesday of last week, accuses the school district of violating the Americans With Disabilities Act by not providing reasonable accommodations for Cox’s high-risk conditions.

Cox, who began working for West Memphis School District two decades ago in 2004 as a school teacher and then, after earning a master’s degree in education, as a science curriculum specialist beginning in 2013, suffers from asthma and obesity, putting her at a higher risk of serious illness from COVID-19. In August 2020, when Arkansas schools returned to in-person instruction, Cox requested to work remotely due to her health concerns. However, the district allegedly denied her request without discussing it or considering any alternative accommodations.

Ms. Cox’s request for a reasonable accommodation was denied on July 28, 2020, in an email from the school district’s business manager, stating in part, “West Memphis School District is not allowing work from home accommodations for any personnel during the 20202021 school year.” The email further stated that unpaid Family Medical Leave Act (FMLA) leave may be available to district personnel, but only for “non-Covid-19 issues.”

The West Memphis School District required employees to report to their school sites on August 7, 2020. Ms. Cox took leave beginning on said date because, according to the lawsuit “it was unsafe for her to attend work at her school site.”

A month prior on July 10, the Arkansas State Secretary of Education published a notice advising the public to avoid entering school buildings for gatherings if, “they have underlying health conditions including high blood pressure, chronic lung disease, diabetes, severe obesity, asthma or weakened immunity.”

Due to the district’s denial of her remote work request, Cox says she was forced to resign from her position after exhausting all of her paid leave. She later filed a complaint with the U.S. Equal Employment Opportunity Commission, which referred the case to the Department of Justice.

According to the complaint, Cox’s attorney made several attempts to negotiate accommodations with the district, including suggestions such as arriving to school and going straight to her office to avoid contact, leaving early to avoid contact with students and teachers, and conducting job functions through Zoom to minimize in-person interactions. However, the district reportedly did not concede any of these accommodations to Cox.

In response to the lawsuit, Assistant Attorney General Kristen Clarke emphasized the importance of telework as a tool for individuals with disabilities to remain employed. She stated that employers are required to have processes in place to reasonably accommodate workers with disabilities and collaborate with them to explore options like telework.

Cox is suing the WMSD to be reinstated as science curriculum specialist at Wonder Junior High School with retroactive seniority, full backpay with interest, pension and related benefits, as well as compensatory damages, including damages for pain and suffering. A specific amount was not included in the lawsuit itself.

As of Wednesday, the West Memphis School District had not filed a response to the lawsuit.

A former Wonder Junior High teacher, Chloe Cox, resigned after she says her rights were violated by the WMSD.

Photo via Facebook