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Federal Court Strikes Blow Against Categorical Denials of Online Teaching Accommodations


Prof. Katherine Macfarlane and I have a new piece up on the Harvard Law Petrie-Flom Bill of Health blog that discusses the recent successful federal lawsuit by Kutztown University professor Stephen Oross w، litigated (and indeed, won on summary judgment) a،nst his employer for prohibiting all online tea،g accommodations. Here is an excerpt of our ،ysis:

“According to the court, the considerable number of online courses offered by the university and previously taught by Oross contradicted the university’s claims that in-person tea،g was an essential aspect of his work. Nor did the university submit any evidence that online tea،g lessened instructional quality. The court also rejected any consideration of student preferences for in-person cl،es, which “do not qualify as an undue burden” under the Rehabilitation Act that would excuse the university from providing Oross with an accommodation permitting him to teach remotely. In-person tea،g and in-person office ،urs were not essential functions of Oross’s job.”


منبع: https://reason.com/volokh/2023/09/12/federal-court-strikes-،-a،nst-categorical-denials-of-online-tea،g-accommodations/