Southeast ADA Center
2023
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Professor Oross is a person with a disability that affects his immune system. Due to his disability he needs life-long medications. Professor Oross was at a high risk of getting COVID-19. He asked that he teach his classes for the Fall Semester of 2021 from home. The health requirements for the University regarding COVID-19 were constantly changing. In 2020, all classes at Kutztown University were taught online.
In 2021, Kutztown University denied Professor Oross’ request to work remotely. Rather than return to work, he chose to use his medical leave and take unpaid time off.
Professor Oross sued Kutztown University and several staff members in federal court. He claimed that Kutztown violated Section 504 of the Rehabilitation Act (29 U.S.C. § 794) by denying his request for a remote work accommodation for the Fall Semester of 2021. He also claimed that Kutztown retaliated against him when he publicly disagreed with the decision. Professor Oross asked for reinstatement to full-time status with a remote work accommodation so that he would not lose his benefits. Professor Oross also claimed interference by the University. Section 12203(b) of the Rehabilitation Act states that “it shall be unlawful to…interfere with any individual in the exercise or enjoyment of, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter”. Professor Oross and Kutztown University both filed motions for summary judgment. A summary judgment is a judgment entered by a court for one party and against another party without a full trial.
https://adasoutheast.org/court/oross-v-kutztown-university/
Keywords: COVID-19, Rehabilitation Act, covered employer, intentional discrimination, interference, per se violation, professor, remote work, retaliation