Labor & Employment Law Daily Wrap Up, DISCRIMINATION—DISABILITY—E.D.N.Y.: PE teacher with PTSD, denied ‘catastrophic leave,’ failed to state ADA claim, (Mar 11, 2025)

By Jason Albright, J.D.

She was upset because she had not previously taught high school students.

A former elementary school physical education and health instructor, denied a “catastrophic medical leave” she sought under her labor contract after she was transferred to a high school position and developed PTSD, failed to state a claim of ADA disability discrimination, a federal district court found. She alleged that “the District had not previously had an employee submit to a Psychiatric examination in evaluating a request for catastrophic leave,” but her medical providers did not state that she was completely unable “to perform each and every duty” of her job as required by the contract and thus—on their face—suggested that she did not have a “catastrophic” illness as that term is defined therein (Serani v. Glen Cove City School Dist., No. 23-cv-7909 (JMA) (JMW) (E.D.N.Y. Mar. 7, 2025)).

Health and PE teacher. As of 2021, the plaintiff had worked at the Glen Cove City School District for more than 30 years as a health and physical education teacher, and she had worked as a physical education teacher for more than 25 of those years at an elementary school in the district. She primarily taught physical education, and the only health class she taught was a lesson about puberty to fifth graders once a year. During a brief time in the 1990s, she worked at the middle school in the district.

Transfer to high school. Following a staff shakeup in 2021, the district’s superintendent met with the teacher in December and informed her that she would be transferred to the high school to finish the 2021-2022 school year, and that she would teach both physical education and health.

Inconsolable. According to her complaint, the teacher was “inconsolable and upset about the transfer because she was the most senior, near retirement teacher now faced with a transfer to the High School that was going to be overwhelmingly difficult.” She was upset because she had not taught high school students, and the transfer would require her to work more hours to learn the high school’s curricula, policies, and procedures.

Panic attacks and FMLA leave. She was allegedly so distraught at the transfer that she was not eating or sleeping and was suffering from panic attacks and anxiety. Her physician wrote her an absence note indicating that she was suffering “physical and emotional illness symptoms of panic anxiety” as a result of the meeting about her transfer.

She then “came under the care of a Psychologist and Psychiatrist, who diagnosed her with Post Traumatic Stress Disorder [(“PTSD”)].” In December 2021, she requested leave pursuant to the FMLA, and the district granted her FMLA leave from January 12, 2022 through April 12, 2022.

Age discrimination complaint and additional leave requests. She filed a complaint with the New York State Division of Human Rights charging the district with age discrimination, and then she requested two additional leaves of absences, which were granted and ultimately expired on October 31, 2022.

“Catastrophic leave of absence.” Before these leaves expired, she also submitted documents requesting a “catastrophic leave of absence, due to her new diagnosis of Chronic PTSD,” pursuant to a labor contract between her union and the district.

Under the contract, “An illness qualifying for use of catastrophic medical leave is defined as an illness of at least thirty (30) consecutive calendar days, is a catastrophic illness or injury requiring hospitalization, institutionalization, confinement to bed or has resulted in the teacher’s complete inability to perform each and every duty of a teacher’s regular occupation” (emphasis supplied).

Supporting documentation. In support of her application for catastrophic leave, she submitted two documents from her medical providers. One said she “continues to have symptoms from chronic PTSD that impair ability to carry out [activities of daily living] and work duties” (emphasis supplied). The other said she suffers from PTSD, and that her “catastrophic illness of Chronic PTSD impairs her ability to work full or part time” (emphasis supplied).

Psychiatric exam refused. After additional follow-up communications, the district demanded that she be examined by an employer-appointed psychiatrist, and she refused. According to her complaint, this demand violated the labor contract, and “the District had not previously had an employee submit to a Psychiatric examination in evaluating a request for catastrophic leave.”

Denial of catastrophic leave and retirement. The district ultimately denied her request for catastrophic leave, and after her leave request was denied, she alleged, she “had to retire” in November 2022 because she had exhausted all her other leave and had not yet recovered from her PTSD.

Lawsuit. She sued, alleging that the district violated the ADA by “discriminating against her because of her disability.” She raised a similar disability discrimination claim under the New York State Human Rights Law (NYSHRL), and she also brought a retaliation claim under the NYSHRL based on “her prior complaint of discrimination.” After the parties filed pre-motion conference letters concerning the district’s proposed motion to dismiss, the former teacher voluntarily dismissed her discrimination and retaliation claims under the NYSHRL and removed the one individual defendant who was originally named in the complaint. Accordingly, her only remaining claim was her disability discrimination claim under the ADA, which the district moved to dismiss.

Disability discrimination. Granting the employer’s motion to dismiss, the court observed that, although the former teacher alleged that “the District had not previously had an employee submit to a Psychiatric examination in evaluating a request for catastrophic leave,” her medical providers did not state that she was completely unable “to perform each and every duty” of her job as required by the labor contract. On their face, the documents from her providers thus suggested that she did not have a “catastrophic” illness as that term is defined in the contract, and so she could not plausibly allege that she was treated differently than other similarly situated applicants. Critically, according to the court, the former teacher failed to allege that any other applicants for catastrophic leave submitted similar documentation that, on its face, suggested that the applicant did not meet the requirements for a catastrophic illness.

The case is No. 23-cv-7909 (JMA) (JMW).

Judge: Azrack, J.

Attorneys: Gregory R. Preston (Preston & Wilkins) for Karen Serani. Adam I. Kleinberg (Guercio & Guercio) for Glen Cove City School District.

Companies: Glen Cove City School District

Cases: DisabilityDiscrimination Discrimination PublicEmployees Labor ContractClaims NewYorkNews