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Wilson v. Wenatchee School District

2/19/2002



Earl Wilson, an elementary teacher for the Wenatchee School District (District), experienced severe stress working under his supervising principal. Mr. Wilson's stress was diagnosed as Generalized Anxiety Disorder related solely to his specific work site supervision. Mr. Wilson requested transfer away from his supervisor as an accommodation after announcing his intent to take an extended leave of absence. After two academic years, and the intervening facts discussed below, Mr. Wilson was placed to his satisfaction at a different school under a different supervisor. Then, Mr. Wilson sued the District for handicap discrimination in failing to accommodate his alleged disability. The superior court granted summary judgment dismissal based on the District's motion that alleged Mr. Wilson was not handicapped under chapter 49.60 RCW, or, if so, he was reasonably accommodated. Mr. Wilson appealed. We affirm on the basis of the accommodation issue.


FACTS


After a number of years teaching in the District, Earl Wilson was transferred for the 1993-1994 school year to an elementary school where his immediate supervisor was the school's principal, Wes Snow. Mr. Snow's teaching evaluations of Mr. Wilson the first year were entirely satisfactory, but were partly unsatisfactory during the 1994-1995 school year. Mr. Wilson began experiencing severe stress that he attributed to Mr. Snow.


Mr. Wilson then consulted a psychologist, Dr. G. Clell France, who diagnosed Mr. Wilson as having 'Generalized Anxiety Disorder, DSM IV 300.02.' Clerk's Papers at 144. Dr. France recommended Mr. Wilson take an extended leave of absence from teaching. Mr. Wilson did request, and was granted, a leave of absence from February 28, 1995 to the end of the school year. The District later asked Mr. Wilson if he wanted to return to teaching for the following school year.


In April 1995, Mr. Wilson responded, and following the advice of Dr. France, asked to be transferred to a middle school. The District replied that it was unable to accommodate his transfer request at that time, apparently due to the unfavorable evaluation from Mr. Snow and a lack of available positions, but that it would keep his name on its transfer list. In August 1995, Mr. Wilson asked, and was granted, a leave of absence for the 1995-1996 school year.


In January 1996, Mr. Wilson wrote a letter to the District expressing his intention to return to teaching in the 1996-1997 school year. The District offered Mr. Wilson a position teaching at a middle school for the 1996-1997 school year. In June 1996, Mr. Wilson believing himself unqualified, and again supported by Dr. France, chose not to accept the position due to fear the position would increase his stress. Mr. Wilson asked for, and received, another leave of absence for the 1996-1997 school year. The June 1996 letter indicated the leave was necessary unless the District had a position he was more qualified to fill. The record does not disclose whether any positions became available that Mr. Wilson was more qualified to fill during the 1996-1997 school year.


In September 1996, Mr. Wilson filled out a District information form expressing his availability for substitute teaching for all grades during the 1996-1997 school year. The record is unclear whether he performed any substitute teaching that year. In January 1997, Mr. Wilson stated his intent to return for the 1997-1998 school year.


In the spring of 1997, the District assigned Mr. Wilson back to his previous teaching position under Mr. Snow for the 1997-1998 school year. Mr. Wilson declined the assignment because he would have to work under Mr. Snow again. In August 1997, after discussi

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