Johnson v. Board of Trustees of the Boundary County School District No. 101
666 F.3d 561
| 9th Cir. | 2011Background
- Patricia Johnson, a disabled teacher with a history of depression and bipolar disorder, taught special education in Boundary County School Dist. No. 101 for about ten years.
- Her teaching certificate expired around September 1, 2007, and Idaho required ongoing professional development to renew it—six semester hours, including three college-credit hours.
- She was unable to complete the three required college credits due to a major depressive episode in summer 2007.
- The district sought provisional authorization from the Idaho State Board of Education to hire Johnson without a current certificate, but the Board denied the request.
- Following a hearing, Johnson was terminated after the Board stood by its prior decision; she filed suit in state court alleging statutory, constitutional due process, contract, and disability-discrimination claims, which the district court dismissed; on appeal, only disability-discrimination claims remained against the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson is a qualified individual with a disability under the ADA | Johnson contends she could become qualified with a reasonable accommodation. | Board argues lack of current certification precludes qualification; accommodation cannot override prerequisites. | No; failure to meet job prerequisites means not qualified absent discriminatory effect. |
| Whether the Board's failure to seek provisional authorization was a reasonable accommodation | Accommodating by provisional authorization would have allowed Johnson to teach pending certification. | Provisional authorization is a limited state-provided mechanism, not an entitlement; Board cannot grant it unilaterally. | Not required; provisional authorization is controlled by the State Board, not the District. |
| Whether the first-step qualification inquiry must consider reasonable accommodation | EEOC guidance supports considering accommodation in determining qualification. | First step does not mention accommodation; guidance omits such duty; not required. | Majority rejects accommodation at first step; Johnson not qualified absent prerequisites met. |
| Whether the ADA/EEOC interpretations apply to this case given Idaho’s certification scheme | EEOC guidance should apply; district could accommodate to make Johnson qualified. | State certification standards are independent of ADA obligations; accommodation not required here. | Dissent argues for deference to EEOC interpretation; majority adheres to regulation as written. |
Key Cases Cited
- Fredenburg v. Contra Costa Cnty. Dep't of Health Servs., 172 F.3d 1176 (9th Cir. 1999) (definition of qualified individual; step-two analysis)
- Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104 (9th Cir. 2000) (two-step test for ADA qualification)
- Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir. 2007) (en banc; interpretation of qualification; role of reasonable accommodation)
- Albertson's, Inc. v. Kirkingburg, 527 U.S. 555 (1999) (ADA waiver regulation; government licensing waivers not mandatory under ADA)
- Auer v. Robbins, 519 U.S. 452 (1997) (deference to agency interpretation of its own regulation)