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I am currently employed in Texas as a teacher. I suffer with

social anxiety and depression. On...
I am currently employed in Texas as a teacher. I suffer with social anxiety and depression. On three separate occasions in the last two year my assistant Principal and Principal have openly ridiculed me in meetings. The last incident which occurred 7 days into this school year resulted in me having to take a medical leave. I am having terrible anxiety about having to return to that school. The district is refusing my request to return to another campus. I was told return to my current position or resign. What rights do I have in this situation?
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Answered in 2 hours by:
10/14/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,008
Experience: Former judicial law clerk, lawyer
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The law requires that employers make reasonable accommodations for persons with disabilities. If you have a condition that inhibits one or more life functions, that qualifies as a disability. Serious depression and social anxiety can fall within this category. Typically, transferring to another job location that has jobs available would likely be considered reasonable.

So, look at the school's policy to see if they have specific forms or requirements that must be met to request an accommodation under the ADA. Sometimes a doctor's note is enough, but they may have additional forms or paperwork.

If there are similar positions available at other schools, or other reasonable accommodations that could be made to avoid making your condition worse and they refuse to assist you, then it may help to have a local employment law attorney send them a letter explaining what the law is, in an effort to resolve the issue. If necessary, you may be able to file a suit for damages.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago

can they make me return to that school or resign?

If you have a documented disability and they refuse to accommodate it, you may be able to sue them. If they force you to resign, you may be able to seek reinstatement as part of your damages, plus back pay. The ADA also allows a successful plaintiff to recover reasonable attorney's fees.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,008
Experience: Former judicial law clerk, lawyer
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,008
31,008 Satisfied Customers
Experience: Former judicial law clerk, lawyer

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