- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Disability Law
- Date Filed: 12-08-2011
- Case #: 10-35233
- Judge(s)/Court Below: Circuit Judge O鈥橲cannlain for the Court; District Judge Kendall; and Circuit Judge Paez, partial concurrence and partial dissent.
Trish Johnson ("Johnson") failed to complete the professional development training credits necessary to renew her teaching certificate and attributed the lapse to a major depressive episode she suffered a few months before her credentials expired. The District Board of Trustees (鈥淏oard鈥) denied Johnson鈥檚 petition for provisional authorization, citing Johnson鈥檚 lack of action during the five years between renewals and because there were two qualified teachers available to replace her. Two years later Johnson filed and lost, multiple claims against Board including violation of the Americans with Disabilities Act (鈥淎DA鈥), 42 U.S.C. 搂 12101, which she appealed. The Ninth Circuit affirmed the district court's conclusion that Johnson was not a 鈥渜ualified individual with a disability鈥 under the ADA. Such an individual must meet relevant prerequisites such as experience, skills, and licenses, and be able to perform the essential functions of the desired position with or without reasonable accommodation. The Ninth Circuit found that without a valid teaching certificate Johnson did not independently satisfy the job requirements and thus was not 鈥渙therwise qualified鈥 as would obligate Board to make reasonable accommodation. Nor had Johnson challenged the particular requirement as discriminatory on its face. The Court emphasized that employers are not obligated to provide training or to assist individuals in becoming qualified for a position. AFFIRMED.