Disability Law

Professor Kat Macfarlane Co-authors “A Categorical No to Categorical Accommodation Denials Related to COVID-19?” Essay

Professor Kat Macfarlane, director of the College of Law’s Disability Law and Policy Program, and Professor Irina Manta, Founding Director of the Center for Intellectual Property Law at the Maurice A. Deane School of Law at Hofstra University, have co-authored an essay on COVID-19 accommodations denials.

At the Bill of Health blog, Macfarlane and Manta write that post-2021, faculty and students with disabilities’ requests for accommodations to teach or attend classes remotely have not been met. The essay examines Oross v. Kutztown University where the plaintiff requested remote teaching and office hours accommodations due to health reasons. They were denied by the defendant and deposition testimony revealed that university staff had developed form language used to deny all remote teaching requests by Kutztown University faculty.

The Eastern District of Pennsylvania granted summary judgment in Oross’s favor as to his Rehabilitation Act claims for intentional disability discrimination and failure to accommodate.

The authors conclude that “In any case, the Oross decision represents a victory for individualized assessment, and a rejection of categorical bans on COVID-19 accommodations. Universities should heed the case’s warning and halt any pro forma denials.”

Professor Kat Macfarlane Discusses Accommodations in a City Environment

Professor Kat Macfarlane, incoming director of the Disability Law and Policy Program, was quoted in a recent New York Post article on a man who is fighting parking tickets he receives even though he has a disabled parking permit issued by New York City.

In the article “NYC man faces fines and has car auctioned off — despite having a disabled permit”, Macfarlane says, “It’s no mystery that life is difficult for people with disabilities. Fighting for the benefits the law entitles you to is exhausting. There is so much complexity that is built in.”

Professor Kat Macfarlane Speaks with The New York Times on Workplace Accommodations

Professor Kat Macfarlane, director of the College of Law’s Disability Law and Policy Program, was interviewed for The New York Times article “What a Human-Centered Approach Can Do for Workers With Disabilities.”

In the article, Macfarlane discusses her challenges getting accommodations as a faculty member of another law school. Even with the Americans with Disabilities Act, there are many obstacles to gaining needed accommodations.

“There’s a huge gap between what the law was intended to do and what the experience of employees with disabilities really are,” said Macfarlane.

Read about Macfarlane’s challenges in her Fordham Law Review paper “Disability Without Documentation.”