423 F. App'x 314
4th Cir.2011Background
- Crabill, a former high school guidance counselor, sued the School Board alleging ADA discrimination and failure to accommodate due to disability.
- Crabill alleged an undiagnosed Chiari malformation and requested accommodations including reduced caseload, light duties, and eventual transfer.
- The district court tolled the ADA filing deadline under equitable tolling, deeming Crabill’s suit timely despite a late filing.
- The district court granted summary judgment, concluding Crabill failed to prove a reasonable accommodation existed prior to April 2007 and that transfer was not a reasonable accommodation.
- The Fourth Circuit held tolling appropriate but reversed on the post-April 12, 2007 accommodation and constructive-discharge theories, remanding for further proceedings.
- Dissent argues Crabill’s untimely filing cannot be saved by tolling and would affirm the district court on the merits
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling validly saved Crabill’s late ADA claim | Crabill satisfied external-circumstance tolling requirements | Tolling was improper or unwarranted | Equitable tolling appropriate; not an abuse of discretion |
| Whether the ADA required a transfer as a reasonable accommodation for Crabill | Transfer to a middle school was a viable accommodation | Transfer not proven to exist or be available as accommodation | Issue of post-April 2007 transfer is genuine dispute; summary judgment erred |
| Whether the Board constructively discharged Crabill by failing to accommodate | Failure to accommodate led to premature retirement | No causation or adequate evidence linking retirement to lack of accommodation | Genuine dispute as to whether retirement proximate to failure to accommodate |
| Whether the Board adequately offered reasonable accommodations before April 2007 | Pre-2007 accommodations were insufficient, including caseload reduction | No duty to reallocate essential functions or provide permanent light duty | Remand to determine the availability and reasonableness of accommodations, including transfer |
Key Cases Cited
- Laber v. Harvey, 438 F.3d 404 (4th Cir. 2006) (waiver/equitable tolling and limitations in ADA contexts)
- Zipes v. Trans World Airlines, 455 U.S. 385 (U.S. 1982) (timing of civil rights actions and equitable tolling principles)
- Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89 (U.S. 1990) (equitable tolling applied to discrimination claims)
- Harris v. Hutchinson, 209 F.3d 325 (4th Cir. 2000) (abuse-of-discretion review for tolling decisions; rare equitable relief)
- DeTata v. Rollprint Packaging Products, 632 F.3d 962 (7th Cir. 2011) (plaintiff not to lose right due to fortuitous delay in receipt of notices)
- Beck v. Univ. of Wisconsin Bd. of Regents, 75 F.3d 1130 (7th Cir. 1996) (interactive process responsibility and good-faith participation)