Teacher Claims School Failed to Accomodate Post-Polio Condition

department at the high school that ms. lowe would be teaching ms. rhinehart's chemical and flammable storage will need to be modified so it is accessible. fume hood will need to be added that is accessible. after this indirect contact by mr. bowman, the district failed for at least four (r. at 295.) plaintiff terianne lowe filed suit against her former employer, independent no. 1 of logan county, reasons to impose liability, we move dangerously close to asserting ourselves into (...continued) at the last minute in the fall before school starts. second, she was told no genuine issue of material fact exists as to whether a reasonable person, faced with was employed under a standard teacher's contract with counseling duties added so long as it reasonably accommodated employee needs. her disability." aplt. app. at 491. we think this is wrong for two reasons. reassignment because the city had a written policy against reassignment and she reasonable (they were, after all, shared by other school supervisory employees, ms. lowe's performance as a counselor at guthrie high school, terry simpson, position and did not want to return to the classroom. lowe testified "[t]here were from that decision. -14- "we review the district court's grant of summary judgment de novo." united states court of appeals reasonable accommodations to the known physical or mental limitations of an itself."). clearly an employer could, with impunity, ignore the interactive process (1) she is a disabled person within the meaning of the ada; (2) she is able to i. introduction and with lori allen [head of high school science department] and with michelle -8- from defendant's agents, we think the district court erred in concluding that in the fall of 2005, as a result of complaints from parents and staff about defendant argues that "the interactive process is merely a means to achieve it was required to proceed "in a reasonably interactive manner" with ms. lowe however, the interactive process creates a duty on both parties to act in good education association representative, thought mr. simpson had indicated that never mentioned reassigning lowe to the junior high. explicit actions." davoll v. webb, 194 f.3d 1116, 1133 (10th cir. 1999). in plaintiff-appellant, would only require the lowering of the blackboard. the record does not indicate raises a genuine issue of material fact as to whether the district failed in its duty albert, 356 f.3d at 1253. a question of fact as to whether an employer has failed summary judgment should be granted "if the pleadings, the discovery and re: terrianne lowe modifications." (r. at 368.) nevertheless, a factual dispute remains with respect the high school, were laboratory classes. the physical science class was the only knowing that such activity will hasten her muscular degeneration and the need for with the oklahoma education association, set up a meeting attended by ms. lowe's version of events. he stated that at the august meeting, "i believe in additional income she earned under the extra-duty contract as a counselor. ms. lowe would not be teaching a lab science class so very little accommodation 2005-06 school year, ms. lowe presented the list of accommodations and a guthrie high science department, that she would be teaching physical science in up a teaching slot for ms. lowe in ms. rhinehart's former classroom. together, as to any material fact and that the movant is entitled to judgment as a matter of lowe originally complained that the school violated the family medical an examination of the factual background of the interactive process"). early on, -12- "the interactive process is typically an essential component of the process by opinion that ms. rhinehart was not retained because the district needed the a teaching assignment that will require much standing and moving about, and matter was revisited when a meeting was held to discuss accommodations lowe mr. simpson also testified, however, that he did not respond to concerns an essential component to understand the employee's needs, "a plaintiff cannot in the spring of 2006, the school district did not renew the teaching contract experience, that teachers were often reassigned to any position they were qualified -2- on appeal. with regard to the failure-to-accommodate claim, the district court defendant-appellee. would not have to teach a lab science class at all. the evidence on this point is crowded classroom. in order to plan for that contingency, ms. lowe met with simpson, the ultimate decision-maker, and others. lowe continued to express her would be necessary. assist with instruction. mr. simpson testified that, at the time of the meeting, he ms. lowe had polio as a child and, as a result, has worn leg braces for most aplt. app. at 48. appendix a � page 2 association of classroom teachers, learned from the head of the science brake, 180 f.3d at 1161 (quoting 42 u.s.c. � 12112(b)(5)(a) (emphasis added)). not know that all high-school science classes were laboratory classes. 3 second, ms. lowe has raised a genuine issue of material fact on her (continued...) 356 f.3d at 1253 (noting that the required case-by-case determination "relies on and was not renewed by the district. ms. rhinehart had taught physical science mindful of the primary management role of [school district] officials who should this case comes down to whether the school district would have ada. it also raises a genuine issue of material fact as to whether a reasonable 5 she conceded the fmla claim on summary judgment motions and summary would not have been forthcoming. junior high science classes, which she was certified to teach, do not have labs and ms. lowe need assistance, an aide would be provided if necessary, but that the would either be accommodated to teach the physical science class or that she process that requires participation by both parties.'" templeton v. neodata servs., of her life and has had several knee replacements. she has been advised by her employee." midland brake, 180 f.3d at 1172. simpson, was that no accommodation would be made. mary pratz, the oklahoma 1988-89 school year, ms. lowe had been employed by the district as a high laboratory class. again, she assumed, perhaps reasonably, such assignment was 6 ms. lowe was certified to teach a variety of science courses for grades that she was told by principal chadwick and by lori allen, the head of the 7 months to respond directly to ms. lowe's suggestions for accommodation and were some science classrooms at the high school where she could teach which only did so when prodded to act by mary pratz, an official from the oklahoma order and judgment* then communicated to lowe or anyone else; perhaps with good reason, perhaps school counselor. because a counselor is a "teacher" under state law, ms. lowe to reasonably accommodate ms. lowe. see id. accommodation would be made. ms. chadwick had been told this by the that the existence of a dispute concerning the status of the interactive process terrianne lowe, necessary in order for ms. lowe to teach physical science in the laboratory time of the august meeting, ms. lowe believed that such would be her to the extent the district implies that, had ms. lowe not resigned, it would general lab equipment storage will need to be modified so it is accessible. she would be reassigned to teach physical science in ms. rhinehart's small, serv., inc., 555 f.3d 1224, 1228 (10th cir. 2009) (quotation omitted). "the job opportunities, hoping other employment would offer her two retirement overhead cart and screen will need to be modified to accommodate a sitting (wider aisles to allow wheel chair/walker access) constructive discharge claim.3 argument. see fed. r. app. p. 34(f); 10th cir. r. 34.1(g). the case is therefore simpson was actively considering at the time of the august meeting, it was not monitor safety issues during labs. app. at 132. mr. simpson testified he explained at the meeting that, should accommodation would be made and that ms. lowe should be assigned to a the evidence produced by ms. lowe raises a genuine issue of material covered entity can demonstrate that the accommodation would impose an undue base a reasonable accommodation claim solely on the allegation that the employer once the district was in receipt of ms. lowe's list of possible request for a final determination and, if the employer does not respond in a (quotation omitted). in other words, a plaintiff must show "that the employer's district court granted summary judgment in favor of the district, and ms. lowe in the district's proffered reason for her reassignment, a conclusion unchallenged accommodate disabilities and no one explicitly told lowe she must teach in a any renovations to those classrooms that might have been needed to accommodate accommodations would be made because she would be assigned to a non- then told her there were no more hours for her in customer service, but she could entered for the court constructively discharged as a result of the district's violation of the ada. aplee. br. at 10. while that is true, see rehling v. city of chicago, 207 f.3d not, the plaintiff stopped working and filed for unemployment. the fact that ada defines the term `discriminate' to include `not making reasonable ii. background april 5, 2006 might require in order to teach science.3 * informed she would be reassigned from her counselor position to that of a citing the reason for wanting to leave her position with the school district as lowe's disabilities were minimal. june 12, 2006. as of the date of the summary judgment motions she was still received the letter from ms. lowe's doctor outlining necessary accommodations. was too speculative, the district court held that "[b]ecause plaintiff resigned for the tenth circuit physical-science-teaching job in order for her to perform it successfully. see id. on 2 replacement. she has both proximal and distal weakness in her lower extremities. disclosure materials on file, and any affidavits show that there is no genuine issue ms. lowe, for reasons explained below, eventually came to understand that classroom will need to be modified so teacher can be accessible to each table. americans with disabilities act, 42 u.s.c. �� 12101-12213 ("ada").1 summary judgment for the employer. id. certain classroom without accommodation. 2 held that the claim failed because it was based only on ms. lowe's speculation as school. ms. lowe understood that her base salary as a teacher would not be she would not be accommodated. accounts of the august meeting, however, district's human resources director, don bowman, shortly after the district which a reasonable accommodation can be determined," and "includes good-faith to determine what reasonable accommodation might be made to the no. 08-6231 1 we therefore reverse the district court's entry of summary judgment and i indicated that there was a possibility she would not be in a lab science." aplt. grant summary judgment to the defendant. id. at 1253. regard to the reassignment, and failure to accommodate regarding the new with the following observations, i join the order and judgment. in the -3- a reasonable accommodation rather than an independent substantive requirement." the material facts about the interactive process were in dispute, it was error to be reassigned, testified that "[a] teacher can be reassigned at any time . . . . you capacity. the district superintendent, determined that ms. lowe's extra-duty contract as a iii. discussion classroom justified ms. lowe in her belief that she would not be able to resume he did not tell ms. lowe that. he testified that he did tell ms. lowe that they (r. at 292.) by august 2006, ms. lowe had heard nothing from the district regarding did not wait for a final determination from the school, nor did she attempt other teach in rhinehart's classroom. see appendix a. through the school chain of ms. lowe was dissatisfied with the result of the meeting and submitted her regents, 75 f.3d 1130, 1135 (7th cir. 1996)) (emphasis added). while it may be would make whatever accommodation was necessary and reasonable. nothing happened during most of the summer, but in early august the 08-6231 lowe v. independent school dist. "constructive discharge occurs when an employer letter from her physician to principal chadwick, her immediate supervisor, to /s/ paul r. miller, m.d. both claims. the district court determined that ms. lowe failed to show pretext reasonable accommodations, nor did she condition her resignation on such a to whom it may concern: to fulfill its role in determining what specific actions must be taken . . . in order -10- the school district's behavior is not a model for interactive engagement. safety shower will need to be added that is accessible. ms. lowe could then be assigned to a non-lab science class in a junior high, but estate of dimarco v. wyo. dep't of corr., 473 f.3d 1334, 1342 (10th cir. 2007) of the school district's actions and superintendant's preparation for a meeting as resigning. 356 f.3d 1242, 1246 (10th cir. 2004). occurred is a question of fact." id. (citation omitted). we conclude that a elisabeth a. shumaker reasonable time or reasonable accommodation is refused, the employer's decision employee . . ." 42 u.s.c. � 12112(b)(5)(a) (emphasis added). lowe's resignation appeals. this court has jurisdiction under 28 u.s.c. � 1291. we reverse. inc., 162 f.3d 617, 619 (10th cir. 1998) (quoting beck v. univ. of wis. bd. of it may be that simpson had not reached a decision as to how, specifically, appendix a � page 1 redus. there were places that they could have put me." (r. at 259.) but lowe was also explicitly told by her superior that the city would not help her find to the district court, we think that, given the information available to ms. lowe, superintendent simpson's testimony, although more equivocal, contradicts ms. rhinehart's former classroom. ms. chadwick testified that she was of the lowe suggested she be assigned to these classrooms. under these circumstances, never presented these alternatives to simpson. (id.) lowe also testified there -3- davoll, we excused the plaintiff's failure to make a specific request for judgment. no other choice but to quit). process. in april she applied for a position with guthrie job corps (gjc) to teach based upon the needs of the school and such assignments were often made eyewash station will need to be added that is accessible. ms. lowe's list of suggested accommodations, and did not know coming into the the first step in analyzing ms. lowe's failure-to-accommodate claim is to be free from second-guessing or micro-management from the federal courts." and leave act and her "demotion" from the counselor position violated the ada. failed to engage in an interactive process." rehling v. city of chicago, 207 f.3d judgment was entered against her on the demotion claim. she does not appeal according to ms. lowe, superintendent simpson told her at the meeting 1009, 1016 (7th cir. 2000) ("[t]he interactive process is a means and not an end in reveal a factual dispute on this point. the employee's position would feel forced to resign." strickland v. united parcel at the high school indicated that ms. lowe would be teaching physical science, in addition to concluding that ms. lowe's failure-to-accommodate claim -4- assigned. unlike the plaintiff in albert v. smith's food & drug ctrs., inc., lowe he would accommodate lowe's needs and wanted to keep his options open. 4 failure.5 teach physical science in ms. rhinehart's former classroom. it is clear that, at the sincerely, precedent, except under the doctrines of law of the case, res judicata, and we turn now to the facts relative to the interactive process. see albert, obligation to offer a reasonable accommodation to an otherwise qualified disabled an employer is not liable for failing to assure an employee reasonable accommodate ms. lowe, making summary judgment for the district on that issue o'brien, j., concurring. of rhinehart, a high school science teacher. lowe assumed she would be assigned mr. simpson's response was, it will not be a lab science class, so it won't need since the record does not supply oklahoma, never told ms. lowe that she would not be assigned to ms. rhinehart's old to teach in ms. rhinehart's classroom. this evidence raises a genuine issue of job must be objectively intolerable and that the plaintiff must show that she had appeal. in order "[t]o establish her claim under the ada, [ms. lowe] must show: 1009, 1015-16 (7th cir. 2000) (recognizing that the interactive process the ada post hoc, as a convenient response to lowe's ada complaint. if it was an option the management of day-to-day school administration priorities. we "must be stated that "lowe was advised that for the 2006-2007 school year she would no replacement. in march, 2006, shortly after she returned to work, lowe was law." fed. r. civ. p. 56(c). we review the evidence in the light most favorable affected by the reassignment but that she would lose the approximately $5700.00 this decision in march 2006 by jan chadwick, the principal of guthrie high education association. senior circuit judge the statutory requirement for imposing liability, a plaintiff must show a specific it seems rather arbitrary to mention only the school district's shortcomings in the ms. lowe and ms. allen compiled a list of accommodations they believed -7- create or destroy liability by causing a breakdown of the interactive process." smith's food & drug ctrs., inc., 356 f.3d 1242, 1249 (10th cir. 2004). another position. id. unlike davoll, the school district's written policy was to classroom.1 august 4, two days after the meeting and without requesting a definitive answer resignation two days later. she then filed charges with the eeoc and later retired seven through twelve and had experience as a classroom teacher. since the at the high school in one of the smallest and most crowded classrooms that, as on both lower extremities for contractures and weakness, and recently has orthopaedic [sic] specialists incorporated teaching position. the district court granted summary judgment to the district on is fair game. of course, a plaintiff may bypass the interactive process when "an however, is contradicted by the district's response to the eeoc inquiry where it after examining the briefs and appellate record, this panel has determined relayed by ms. chadwick, that no accommodation would be made. two weeks accommodated lowe's needs by reassignment to a non-laboratory classroom (as it pierson, a school board member, that ms. rhinehart was not retained because the otherwise qualified individual with a disability who is an applicant or district's late-advanced theory that it could have placed ms. lowe in a junior as we will discuss below, there is significant disagreement among those the district discriminated against ms. lowe because of her disability. "the not. the record sheds no light. lowe was eligible to retire in 2002. since then she had explored other merely a method of facilitating statutory goals. it is a recommendation, not a spring of 2006 lowe was on family leave, necessary because of a knee appropriate accommodations at work to allow her to function within her limited (w.d. okla.) in may 2006, the temporary teaching contract of mary rhinehart expired and standing for long periods will accelerate the deterioration of her leg muscles. the district failed to identify an appropriate accommodation and thus violated the 1 an answer to that question with reasonable certainty this case must be tried. into the classroom. she wanted simpson to revisit that decision. but the meeting assigned to a non-laboratory science class. aide would not be a student because district policy did not allow student aides to the school district was not aware of lowe's full time position with gjc. perform the essential job functions with or without reasonable accommodation; lori allen, head of the guthrie high school science department, to share with inappropriate. promise to follow up on the issue. he did not tell ms. lowe she would not have superintendent simpson, ms. lowe, michelle redus, president of the guthrie judgment to the district on her failure-to-accommodate claim, and that she was needed you in another area, could that be changed, yes, it could." (r. at 68-69, assignment come the start of the new school year. ms. lowe eventually sued the district claiming violation of the ada with -6- (addressing management role of prison officials). -5- communications between the employer and employee." id. "neither party may that ms. lowe would be asked to teach in the rhinehart classroom, nor did he superintendent simpson admitted that he did not prepare for it, had not reviewed given all the evidence available to ms. lowe, much of it coming also addressed her concerns about being able to effectively teach in a laboratory teaching slot for ms. lowe, and michelle redus, the head of the guthrie appendix a school district no. 1 of logan county, oklahoma ("the district"), alleging that it -15- ms. chadwick passed this information along to ms. lowe also brought a claim under the family medical leave act which statutory requirement. white v. york int'l corp., 45 f.3d 357, 363 (10th cir. before classes started, she cannot show that the defendant failed to accommodate subjective views on the situation are irrelevant. whether a constructive discharge claim. in albert, 356 f.3d 1242, the plaintiff's severe asthma prevented her from there is danger in focusing on the process and not the result. the facts 3 physical science class. the science-department head had been told by sheryl syndrome extending back to 1952. she has also had multiple surgical procedures informed ms. lowe that she would not have to teach in ms. rhinehart's sedentary work only. she is unable to repetitively climb stairs; is unable to kneel, lowe attended as did superintendant classroom unless her disabilities were accommodated. simpson made clear that she was offered full time employment, which she accepted on clerk of court show the school district was looking for a new principal during this time frame from simpson as to what he would do in response to her concerns, lowe sent her a, would not be undertaken. as an alternative he suggested an aide might be hired remand this case for further proceedings in accordance with this order and pursuing her failure-to-accommodate claim. indeed, this court held that because meeting that all science classes at the high school were lab classes. there is fact as to whether, by failing to engage in the interactive process in good faith, position. because of her muscle weakness and joint problems, this patient is unable to stand a wheelchair, would have no other choice but to resign. see sanchez v. denver longer have an extra duty assignment but would be assigned to teach a science the pivotal issue is whether ms. lowe was told, at any time, that she she could have reasonably concluded that she would be assigned to teach a be factored into the equation. first, lowe knew, from school policy and personal -7- appropriate accommodation for the qualified individual." id. apparently at this point, mr. bowman, like superintendent simpson, did letter gave no notice she was resigning due to the school district's failure to make filed any time. when there is room for doubt, a plaintiff cannot assume the worst. don bowman, the district's human resources director, and to superintendent qualified individual with a disability who is an applicant or employee, unless such ms. allen did not question the need for such a meeting because she had learned the consensus among those attending the meeting, other than superintendent to that position and so discussed the assumed change with the head of the high as mentioned above, ms. lowe learned from principal chadwick that no science department) a list of accommodations she felt were necessary for her to to interact in good faith and thus failed to reasonably accommodate will preclude the last minute. to discuss the accommodations ms. lowe believed she would need in order to ordered submitted without oral argument. this order and judgment is not binding classroom. going to be assigned to the rhinehart classroom. she supported her request with a district's. it was no secret lowe resented her removal from the counseling advocate employed by the oklahoma education association, was also at the contradictory. ms. lowe testified that principal chadwick told her early on that positions before she was faced with the choice of endangering her health or united states court of appeals lowe's good faith in the process is equally as questionable as the school laboratory safety modifications for physical disabilities rather, to demonstrate an employer will not make a reasonable accommodation, could show up on the first day of school and if the building principal felt like they before school was to begin, mary pratz, an advocacy specialist and representative with fed. r. app. p. 32.1 and 10th cir. r. 32.1. pub. schs., 164 f.3d 527, 534 (10th cir. 1998) (holding that the conditions of the science classroom. at the time of the august meeting, mr. simpson knew that the school district argues, correctly, i think, that the interactive process is pursuant to a separate "extra duty" contract. ms. lowe's counselor position was ms. lowe's view of the situation was based merely on her personal speculation. teachers at the junior high level could be assigned to the high school and that letter from her treating physician and she outlined (with the help of the head of the that she would be teaching physical science without accommodation other than physical science class in a small and crowded classroom. member that mr. simpson had told the board he was reassigning ms. lowe to a plaintiff had stopped working for the defendant did not preclude her from the fact that, even after the august meeting, superintendent simpson never 4 constructive discharge in a footnote, but it did not rule separately on that claim. the result of the inadequate interactive process was the failure of the [employer] failed to reasonably accommodate her post-polio condition, in violation of the accommodations to the known physical or mental limitations of an otherwise had not decided where ms. lowe would be assigned, although that contradicts the duties as a classroom science teacher at guthrie high school. further, the to ms. lowe as the nonmovant. see midland brake, 180 f.3d at 1160. lowe's assumptions about where and what she would teach may have been employer has essentially foreclosed the interactive process through its policies or to assist lowe. simpson claims he told lowe she would not be required to teach a before o'brien, circuit judge, brorby, senior circuit judge, and continuing her job as a cashier. she applied unsuccessfully for other jobs with then configured, would not accommodate a walker or a wheelchair in the aisles ms. lowe. fire extinguisher and fire blanket need to be lowered. walking without orthotics and aids. she has a functional limitation which requires school district must attend to prior to a school year. when we look to the timing the assignment of a student to help her when she had to supervise a lab class. the district court referred to the showing necessary to establish counselor would not be renewed for the 2006-07 school year and that ms. lowe employed with gjc. present at the august meeting as to what actually was said. one thing is clear: bill sykes, former principal of guthrie high school testified it is not terrianne lowe is a patient of mine who suffers from polio with postpolio faith. smith v. midland brake, inc., 180 f.3d 1154, 1172 (10th cir. 1999). laboratory class. lowe says no such representation was made. pratz, a teacher the record leaves no doubt the master schedule could easily change at have continued to work with her toward a reasonable accommodation, we note some places that they could have put me and that were discussed with mary pratz the meeting. her recollection parallels simpsons � "what my recollection is that accommodations will be made. the statute imposes liability for "not making position. district's earlier representation to the eeoc and the testimony of a school board -6- incomes. when a meeting was finally convened at ms. pratz's behest, even failure to engage in an interactive process resulted in a failure to identify an command she was told no accommodations would be made as she would be "the obligation to engage in an interactive process is inherent in the statutory we cannot know whether a reasonable accommodation would or preference to remain in the counselor position and her dismay at being forced back appropriate." albert, 356 f.3d at 1252 (citing midland brake, 180 f.3d at 1171). -9- the defendant and worked for three weeks in customer service. the defendant school science department. later, but before the end of the school year, she physician that she will have to be in a wheelchair at some point and that walking high science class was never conveyed to her. "retirement."2 the location of ms. lowe's new assignment was still undecided. that assertion, association of classroom teachers, and herself. the purpose of the meeting was have her old cashier job back if her physician would approve. when he would on the other hand, it could be that the junior high option was concocted, january 25, 2010 to where she would be assigned when school finally began. the court further for any longer than ten minutes at a time and is unable to do any prolonged believed would probably happen, she did not know where she would finally be uncommon to make classroom assignment changes shortly before the beginning of albeit those without decision-making authority), but two additional matters must wade brorby and (3) [defendant] discriminated against her because of her disability." albert v. in midland brake "[w]e noted that the employer and employee must engage in an interactive process to determine what [accommodation] would be (d.c. no. 5:07-cv-01233-l) she conceded at the summary judgment stage. that claim is not an issue on standard is objective: the employer's subjective intent and the employee's -5- -4- unlawfully creates working conditions so intolerable that a reasonable person in time to respond.6 unanimously to grant the parties' request for a decision on the briefs without oral contemplates is not an end in itself), a plaintiff can prevail if she can "show that from the district's employ. material fact as to whether the district complied with its obligation to reasonably because of her significant functional limitations and disabilities, she will require ms. allen her concerns about the reassignment in light of her disability. tenth circuit with her because she preferred being a counselor and did not want to return to the lab stations will need to be lowered. between the lab tables. the physical science class, and all other science classes at board was going to put ms. lowe in her teaching slot and in her classroom. even her request for accommodation, other than the message from mr. bowman, determine whether her ultimate resignation was, as the district court concluded, lowe would be teaching a lab science class and went as far as testifying that he from a school board member that ms. rhinehart was not retained in order to open superintendent simpson testified that he understood why people assumed that ms. 307.) it is also uncontested that lowe herself modified schedules at chadwick's non-laboratory science class.2 -13- -11- class at guthrie high school." aplt. app. at 426. further, ms. lowe testified concluded that "[b]ecause plaintiff resigned before classes started, she cannot show that the defendant failed to accommodate her disability." aplt. app. at 491. classroom teacher, as she was certified to teach science. the news did not sit well sedentary and required no accommodation for her disability. squat, or crawl. collateral estoppel. it may be cited, however, for its persuasive value consistent * * * * science classroom formerly used by ms. rhinehart. before the end of the there is no dispute as to the first two requirements. the issue is whether chalkboards/whiteboards will need to be lowered so are accessible from a sitting although there is also evidence that master schedules are sometimes changed at v. -2- first, ms. lowe's resignation did not preclude her failure-to-accommodate person, under the circumstances, would have felt compelled to resign. 1995). "the federal regulations implementing the ada `envision an interactive may have short-circuited the process by not giving the school district an adequate accommodations and the letter from her doctor regarding the reassignment, gorsuch, circuit judge. request while working at the high school. thus, no matter what lowe reasonably if i can provide any further information, please do not hesitate to let me know. independent school district appendix a iv. conclusion undergone bilateral knee replacement with ultimate revision of her right knee and we cannot know all the other administrative duties and decisions which the during litigation the district has maintained that, at the time she resigned, resignation letter, saying only, "consider this my resignation. i am retiring." the to provide the qualified individual a reasonable accommodation," id. at 1016 on appeal, ms. lowe argues that the district court erred in granting summary impossible because all high school science classes were laboratory classes. but opening for a science teacher at the high school for the 2006-07 school year. based merely on her speculation as to where she would be reassigned. contrary teacher aide will be needed to gather lab equipment, transport chemicals, and would, instead, be reassigned as a classroom teacher. ms. lowe was informed of to that material issue of fact. undisputed, however, is a salient fact � simpson the school year. chadwick, the principal at the time lowe was notified she would hardship on the operation of the business of such covered entity. . . .'" midland the major laboratory classroom renovation being pressed by lowe, see appendix smith v. midland brake, inc., 180 f.3d 1154, 1159 (10th cir. 1999) (en banc). notified the school district of her need for an ada accommodation if she was could have done) had she not resigned in a huff.7 no dispute that ms. redus stated that the master schedule for the upcoming year simpson. shortly thereafter, ms. chadwick was told by don bowman that no