Tenita Webb-Eaton v. Wayne County Community College District
328069
Mich. Ct. App.Feb 21, 2017Background
- Tenita Webb-Eaton, who has a severe airborne latex allergy, enrolled in Wayne County Community College District’s (WCCCD) nursing program and disclosed the allergy.
- Webb-Eaton alleged repeated exposure to latex during classes/clinicals and left the program in 2012, claiming defendants failed to accommodate her disability.
- She sued under the Persons with Disabilities Civil Rights Act (PWDCRA) and for intentional infliction of emotional distress (IIED).
- At summary disposition, the trial court denied defendants’ motions as to the PWDCRA claim and denied Clarissa Shavers’s immunity defense on the IIED claim; other IIED claims were dismissed.
- On appeal the Court of Appeals consolidated matters and reviewed (1) whether defendants were entitled to summary dismissal of the PWDCRA claim for failure to show a reasonable accommodation and (2) whether Shavers was entitled to governmental immunity for the IIED claim concerning grades.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Webb-Eaton established a prima facie PWDCRA claim and a reasonable accommodation | WCE’s latex allergy is a disability; defendants failed to accommodate, preventing her from continuing in program | Removing all latex immediately is an undue hardship; plaintiff failed to identify a reasonable accommodation short of total removal | Reversed trial court; summary disposition for defendants: plaintiff did not identify a reasonable accommodation other than complete immediate removal of latex, which is unduly burdensome |
| Whether Shavers is immune from IIED claim relating to grade decisions | Shavers acted with malice in directing lower/failing grades | Shavers acted within scope, exercised discretion, and honestly believed plaintiff failed course requirements (good faith) | Reversed trial court; Shavers entitled to governmental immunity and summary disposition on IIED claim |
Key Cases Cited
- Maiden v. Rozwood, 461 Mich. 109 (Maiden establishes summary-disposition standard)
- Cebreco v. Music Hall Ctr. for the Performing Arts, 219 Mich. App. 353 (burden shifts to defendant to show undue hardship once plaintiff shows failure to accommodate)
- Crancer v. Univ. of Michigan Bd. of Regents, 156 Mich. App. 790 (elements for PWDCRA education claim)
- Odom v. Wayne County, 482 Mich. 459 (governmental immunity elements for employee intentional torts; good-faith standard is subjective)
- Skinner v. Square D Co., 445 Mich. 153 (speculation insufficient to survive summary disposition)