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Boston Teachers Union lawsuit alleges BPS did not provide 'reasonable accommodation' during pandemic

A Boston-area school classroom that has been empty since March 2020 when schools began to close due to the coronavirus pandemic. (Jesse Costa/WBUR)
A Boston-area school classroom that has been empty since March 2020 when schools began to close due to the coronavirus pandemic. (Jesse Costa/WBUR)

The Boston Teachers Union filed a federal lawsuit against Boston Public Schools on Sunday, claiming BPS violated federal disability laws.

The suit alleges that, during the 2020-2021 school year, union members made requests for accommodations because of a disability or health condition that would put them at high risk for complications if they were to contract COVID-19.

Many of the requests involved the ability to work remotely, in reaction to BPS returning to in-person learning.

The lawsuit alleges BPS ignored some requests for "months at a time," some employees were "abruptly ordered into work without any substantive discussions about their accommodation requests and/or guidance and/or opportunity to have ongoing dialogue."

Other employees, the suit alleges, were "expressly discouraged by BPS from requesting accommodations," as well as given conflicting information about the status of their requests — or their requests were denied — without "any meaningful interactive processes."

The union members' requests referenced in the lawsuit predate the widespread distribution of COVID-19 vaccines.

A number of the employees in the lawsuit took their accrued time until they were vaccinated or took unpaid leave. One retired. The lawsuit is seeking back pay and damages.

BPS told WBUR the district has no comment about pending litigation.

This article was originally published on February 07, 2022.

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Amy Gorel Senior Editor
Amy Gorel is a senior editor of digital news at WBUR.

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