Employment Lawyers Can Answer Your Employment Law Questions
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:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).