Wenc v. New London Board of Education, 702 F. App'x 27

Background

Plaintiff Jon Wenc, an amputee who uses a leg prosthesis, is an elementary school teacher who sought to be reassigned from first grade to sixth grade as an accommodation for disability.
Wenc took physician-ordered medical leave for the 2011–2012 school year due to a painful lesion from his prosthesis; an April 2012 note suggested sixth grade would be more suitable but also stated he remained best off out of work.
For 2012–2013, a neutral functional-capacity exam cleared Wenc to return as a first-grade teacher with assistance; the Board provided two classroom aides (one additional aide plus one already assigned for an IEP student).
Wenc contended the Board should have transferred him to sixth grade immediately or provided more aides, and later alleged the Board forced him onto unpaid FMLA leave in retaliation for seeking reassignment.
The district court granted summary judgment for the New London Board of Education on ADA and Connecticut Fair Employment Practices Act claims (discrimination and retaliation); the Second Circuit affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether employer failed to reasonably accommodate Wenc for 2011–2012	Wenc says he was medically fit to return in April 2012 and the Board should have started reassignment dialogue or transferred him to sixth grade	Board says physician-ordered medical leave made Wenc unable to perform essential functions and leave was a reasonable accommodation	Held for Board: medical leave was appropriate; April 2012 note did not clear him to work
Whether employer failed to reasonably accommodate Wenc for 2012–2013	Wenc argues the Board should have given additional aide(s) or transferred him to sixth grade	Board says neutral examiner approved return as first-grade teacher with two aides, which the Board provided; no vacant sixth-grade position existed	Held for Board: provision of two aides was a plainly reasonable accommodation; employer not required to provide every requested accommodation
Whether advising/applying for unpaid FMLA leave constituted retaliation	Wenc contends Board forced him onto unpaid FMLA leave in retaliation for requesting transfer	Board says it merely informed him of FMLA option after paid leave exhausted; FMLA leave may be unpaid and Board had no policy for further paid leave	Held for Board: no admissible causal inference that Board forced unpaid leave; summary judgment affirmed
Whether genuine issues of material fact precluded summary judgment	Wenc claims factual disputes (intent to return, adequacy of accommodations) required trial	Board relies on medical notes, neutral FCE, Wenc’s admissions that aides were satisfactory, and lack of vacant positions	Held for Board: no triable issue; summary judgment proper

Key Cases Cited

McElwee v. County of Orange, 700 F.3d 635 (2d Cir. 2012) (summary judgment review and burden-shifting in failure-to-accommodate context)
McBride v. BIC Consumer Prods. Mfg. Co., 583 F.3d 92 (2d Cir. 2009) (elements of ADA failure-to-accommodate claim and employer/employee duties in interactive process)
Noll v. Int’l Bus. Machs. Corp., 787 F.3d 89 (2d Cir. 2015) (employer entitled to summary judgment when provided accommodation is plainly reasonable)
Norville v. Staten Island Univ. Hosp., 196 F.3d 89 (2d Cir. 1999) (employer need not reassign if no vacant position and need not create a new position)
Graves v. Finch Pruyn & Co., 457 F.3d 181 (2d Cir. 2006) (discussing medical leave as accommodation under the ADA)
Widomski v. State Univ. of N.Y. (SUNY) at Orange, 748 F.3d 471 (2d Cir. 2014) (retaliation claims under ADA analyzed under Title VII framework)
Kaytor v. Elec. Boat Corp., 609 F.3d 537 (2d Cir. 2010) (CFEPA retaliation claims governed by Title VII framework)
Treglia v. Town of Manlius, 313 F.3d 713 (2d Cir. 2002) (elements required to prove retaliation claim)
Sista v. CDC Ixis N. Am. Inc., 445 F.3d 161 (2d Cir. 2006) (FMLA leave entitlement is to unpaid leave)