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Wahl v. Bethel School Dist. No. 4033/15/2005
Rebecca Wahl appeals from a jury verdict in favor of Bethel School District No. 403 on her disability discrimination claim and from the trial court's denial of her request for a judgment notwithstanding the verdict or for a new trial. We affirm.
A. Medical History and Employment
In 1987, doctors diagnosed Wahl with ulcerative colitis/Crohn's disease. Ulcerative colitis and Crohn's disease are two diagnoses that fall under the broad category of inflammatory bowel disease (IBD). In 1989, doctors diagnosed Wahl with intractable ulcerative colitis involving her colon. She had surgery and doctors removed her colon in a procedure known as an ileostomy. In 1995-96, Wahl's ostomy collapsed.
Bethel School District No. 403 (District) hired Rebecca Wahl as an occupational informational specialist (OIS) during the 1992 school year. Wahl's job required her to do a number of duties although not all duties were stated in her job description. At times her position required her to lift, move, organize, and distribute career and learning materials.
At the time of her hiring, Wahl informed the District of her medical condition. In April 1998, Wahl sent a memorandum to Cindy Sorenson with copies to Barbara Ritter, the director for vocational education; Tim Sherry, the principal of Spanaway Lake High School; and Jim Gray. In that letter Wahl referred to her disability in explaining her absences from the building but she did not specifically ask for any accommodations because of her medical condition.
In the summer of 1998, Wahl began a master's program at City University. During the 1998 school year, Wahl worked in three different buildings. Wahl worked at Spanaway Lake High School, Spanaway Junior High, and Cedar Crest Junior High.
Bonnie Kenigson, an assistant principal at Spanaway Lake High School, sent a memo to Wahl on September 3, 1998. The memo discussed absences from the building. It stated that if an OIS needed to leave the building before the end of the contracted day, the person needed to check out with Kenigson and Judy Gillespie, and inform the District.
On September 8, Wahl sent a letter to Greg Rawlins, the executive director for human resources, with copies to Barbara Ritter, Tim Sherry, Bonnie Kenigson, and Steve Brown. Her letter asked for clarification and explanation regarding the accommodations a person with a disability would receive under the Americans with Disability Act (ADA). She stated that she might possibly need a Section 504 (504) accommodation plan. Wahl also stated that when she was not at Spanaway Lake High School, her condition was manageable.
Wahl left the building on September 8, to go to her car. She was away from the building for two minutes, which she recorded on the sign-out log. This occurred after a meeting where Kenigson directed Wahl to check out with her if she left the building. Tim Sherry was also in attendance at the meeting. The following day, Sherry sent a note to Wahl stating that he was considering disciplinary action against Wahl for her September 8 log out.
Wahl met with Sherry to discuss her September 8 actions. At that meeting, Sherry expressed that Wahl did not need to check out if she was leaving to get her medicine. He explained that the only time Wahl needed to follow the check-out procedures was when she was leaving the building for a significant period of time.
On September 11, 1998, Wahl's treating physician sent the District a letter documenting her condition. The letter stated that Wahl suffered from migraine headaches and ulcerative colitis or Crohn's disease. To control both conditions, Wahl took medication. At times, it would
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