Employment Law Questions? Ask an Employment Lawyer.
I am sorry to hear about your daughter-in-law difficulties. After forty evaluations,since September 2012 , my daughter-law, who has taught 8 years with good evaluations, until the passed year, and by the way she has a documented learning disability, was fired by the Beaverton,OR. school district a couple weeks ago. The next morning her principal meet her with the following greeting "congratulations". Is this harassment of a person under IDEA law? The superintendent is aware of all of the above In Or I was a special Educ. teacher and all of the above does not appear to bo legal to me.
Response: IDEA ("Individuals with Disabilities Education Act"), does not apply to her as a school teacher. IDEA only applies to school children with disabilities and services offered to those children. However, ADA ("Americans with Disabilities Act") applies to her if she is a disabled school teacher. Thus, if she has been discriminated against because of her disabilities, then she needs to file complaint with U.S. Equal Employment Opportunity Commission ("EEOC"). However, if she is part of Union, then she needs to go t through the grievance process first , as established by the collective bargaining agreement.
For more information on complaint process with EEOC, click on the link below:
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