Federal Court Strikes Blow Against Categorical Denials of Online Teaching Accommodations

Prof. Katherine Macfarlane and I break down Oross v. Kutztown University

Prof. Katherine Macfarlane and I have a new piece up on the Harvard Law Petrie-Flom Bill of Health blog that discusses the recent successful federal lawsuit by Kutztown University professor Stephen Oross who litigated (and indeed, won on summary judgment) against his employer for prohibiting all online teaching accommodations. Here is an excerpt of our analysis:

"According to the court, the considerable number of online courses offered by the university and previously taught by Oross contradicted the university's claims that in-person teaching was an essential aspect of his work. Nor did the university submit any evidence that online teaching lessened instructional quality. The court also rejected any consideration of student preferences for in-person classes, which "do not qualify as an undue burden" under the Rehabilitation Act that would excuse the university from providing Oross with an accommodation permitting him to teach remotely. In-person teaching and in-person office hours were not essential functions of Oross's job."

Comments

[Drewski]

This. . . does not seem like a positive development. Whatever evidence the university failed to present does not change the fact that remote classes aren't as effective as in-person. The only people who should be celebrating this are those who want American students to receive a worse education.

The university was absolutely correct to discriminate here, and thr professor is a bad person.

[apedad]

"Whatever evidence the university failed to present does not change the fact that remote classes aren’t as effective as in-person," he writes as he fails to present evidence.

[Rossami]

It's been presented in different articles here at Reason many, many times over the past few months. I can definitely fault a university who fails to present such evidence in their trial briefs while not faulting someone working in the limited comment field here.

If you are truly ignorant of the evidence against online learning (at least, as practiced during the pandemic), try a search for "learning loss" or "learning gap".

[MatthewSlyfield]

Studies about learning loss in K-12 are not necessarily applicable to a University.

[Don Nico]

rather than whining about evidence. you might look into it yourself, don't be so lazy.
colleagues in every department of my R1 university have estimated that course effectiveness, both from the instructor's and the students' point of view was variable but generally roughly 80% of that in in-person classes. That was also my experience.

[Dr. Ed 2]

Like many things, it depends.

There are significant advantages to some on-line formats, in that (a) you can rewind the tape and hear what you missed a second or third time and (b) you can simply listen to the lecture the first time and then (if you are willing to invest the time) take notes the second time you watch it.

Throw in schedules, student jobs, and human exhaustion -- I had some truly lovely lectures from truly gifted professors that I couldn't benefit from because I was falling asleep.

ZoomSkool was a disaster in K-12 -- but there are a lot of disadvantages of the lecture hall of 500 students and all of them distracting you...

[MatthewSlyfield]

I think the professor here has a reasonable claim to an accommodation.

Stephen Oross, a tenured member of the Kutztown University psychology department, suffered a heart attack and underwent double bypass surgery in 2014, returning to full-time teaching a year later. After his condition worsened in early 2021, he received a heart transplant.

So he'll be on anti-rejection drugs that will suppress his immune system for the rest of his life. He's at very high risk with any exposure to any communicable disease.

[Ridgeway]

However, his accommodation must be reasonable as well, and that is the part that seems dubious.

[Rossami]

I actually think the accommodation request might be reasonable. My objection is to the judge's apparent conclusion that doesn't even get to reasonableness because he truncated the discussion by summarily putting certain burdens out of bounds.

[John F. Carr]

The university advertised remote classes as effective. It's stuck with the consequences of its past statements.

[Dr. Ed 2]

Exactly. And sometimes they ARE effective.

There are a lot of USN sailors on ships getting up in the 0-dark-30 to take on line classes from UMass, and the professor who teaches them says they are her best students.

[Magister]

The post skips the significant information from the article that the professor had a heart transplant and suppressed immune system. If you're not going to accommodate that, what would you accommodate?

[Drewski]

That's an interesting idea: That we should accommodate not based on whether the person can perform the job effectively with accommodation but whether their disability is particularly sympathetic.

[Magister]

"Doing the job the way you demand will cause my death."
"Well, sucks to be you."

[Davy C]

"Doing the job the way YOU demand will make some students fail."
"Well, sucks to be you or them."

[Kleppe]

Are the students going to get a discount for the vastly inferior online experience, or will they continue to pay full tuition as they were required to do for years under COVID nonsense policies?

[Rossami]

Based on the facts presented here, that seems rather too far. I was supportive of the argument that comparable online offerings would contradict the employer's claims. But saying that your customers' preferences can't even be considered seems remarkably stupid. The judge also seems to be foreclosing arguments about new evidence showing that online education is simply less effective than in-person.

[John F. Carr]

The school had to offer the evidence in time for a summary judgment motion. The school might win the next case with better evidence.

[tkamenick]

It goes back to the idea that "my customers won't come here if I hire a black waiter" doesn't fly as an argument for discrimination. Different context, yes, but the principle is the same.

[Longtobefree]

Pennsylvania ? Already don't care.
But for the record:
Undergraduate enrollment: 6,484 (2020–21)
Average annual in-state cost:
Before aid $27,730
After aid $21,898
Graduation rate:
Completed within 6 years 8 years
First-time full-time 54% 55%
Other full-time 65% 66%
Other part-time 46% 50%

Doesn't sound like a place for excellent legal representation.

[Aladdin's Carpet]

This is really really stupid.

"The court also rejected any consideration of student preferences for in-person classes"

Really? So if students prefer a particular service, the university can't provide it because the professor doesn't want to? If he doesn't want to do his job, he can find a different one!

"In-person teaching and in-person office hours were not essential functions of Oross's job."

Lol. Again, really idiotic.

These developments of law in which someone doesn't want to do their job and demands accommodations to not do their job are really dumb, and it shows how perverted tort and accommodations law is.

"Nor did the university submit any evidence that online teaching lessened instructional quality"

Why should the university have to? Its their decision. If students prefer online they will lose in a competitive market.

The professor ought to be ashamed of himself.

[ReaderY]

Suppose students prefer white male teachers. Surveys shows they appear mre knowledgable and students respect them more. The school therefore loses money by not having them.

Market forces prevail? Government crazy for thinking it has any right to intervene? University’s sole decision?

[KRB]

Good argument if you think that a student's preference for an in-person learning experience is the same as a student's preference for a teacher of a particular race.

[ducksalad]

Does it work both ways?

A bunch of students sign-up for an online class, we collect their tuition, and then we tell them the professor (that's me) has a psychological problem with teaching to a camera, and I can only teach in person.

I can find a medical professional who will sign a letter.