Labor & Employment Law Daily Wrap Up, DISCRIMINATION—DISABILITY—E.D. Pa.: Professor with MS advances ADA accommodation claim against Valley Forge Military Academy, (Aug 24, 2026)

By Jason Albright, J.D.

Although the college had virtual classroom capabilities the professor could have used, it did not make a decision regarding whether to provide one to him at the time.

A former criminal justice professor with multiple sclerosis, discharged by Valley Forge Military Academy and College after a period of medical leave, may proceed to trial with his ADA failure-to-accommodate claim but not his allegations of adverse action discrimination, a federal district court found. Although the college asserted that “Plaintiff obstructed and delayed the interactive process by refusing to provide adequate authorizations, certifications, and information that [the HR director] needed to adequately evaluate the proper accommodations,” a jury could find that the college also acted in bad faith by failing to fully consider the virtual classroom, which was explicitly requested by the professor’s physician, as an option (Davis v. Valley Forge Military Academy and College, No. 23-2004 (E.D. Pa. Aug. 21, 2026)).

Assistant professor. The plaintiff was hired by Valley Forge Military Academy and College on August 17, 2017, as an assistant professor of Criminal Justice at the academy’s Junior College, under a one-year letter contract for the academic year 2017–2018. The contract was renewed under successive one-year letter contracts through the 2022–2023 academic year.

Faculty assessment work. The professor also engaged in faculty assessment work through his roles as Chair of the Curriculum Committee, member of the Assessment Committee, and Middle States Self-Study Co-Chair. Based on his faculty assessment work, his direct supervisor and provost of the college drafted a job description in April 2022 for a new position, Director of Assessment, which he intended to offer to the professor.

Assessment director position declined. On May 2, 2022, the provost sent a faculty-wide email announcing the professor as the college’s Director of Assessment under the assumption that he would sign the job description. The provost then provided him with the job description on May 19, 2022, which he did not sign.

Pay bump nonetheless. On August 1, 2022, the provost emailed him regarding the position, stating that he and another college administrator had decided to hire a full-time Director of Assessment due to the anticipated demands of the role. However, the provost wrote, “I will still be adding the $5,000 to your pay this year for this work and as a raise for your overall work.”

The provost then emailed the HR director of the college to request that the professor receive the $5,000 salary increase, beginning in the 2022–2023 academic year.

MS diagnosis. In June 2022, the professor had been diagnosed with multiple sclerosis (MS), and he informed the provost of his diagnosis on June 24, 2022.

Accommodation discussions. On August 28, 2022, the professor began discussions with the provost and the HR director regarding his need for reasonable accommodations due to his MS. During this time, his symptoms made it painful for him to teach class, and he had to leave work early on the first day of classes of the Fall 2022 semester to take his prescribed pain medication.

Letter from neurologist. On August 30, 2022, he emailed the HR director a letter from his treating neurologist, which explained that the professor “was prone to develop symptoms which may temporarily impair his ability to work” and requested his excusal from work if those symptoms arose. The letter did not list any symptoms that he was experiencing, nor did it request that he be allowed to work remotely.

The professor also requested in the email a “disability claim form or whatever is needed to initiate a claim so I can start the process if my condition gets worse.” The next day he emailed the provost, stating that he would be “out sick today and the rest of the week.” He was struggling with pain and numbness in his feet at that time due to his MS, which he alleviated through a combination of Gabapentin and other pain medicines, as well as lying prone.

Forms. The provost forwarded the email to the HR director, who then sent the professor forms to be completed to support his time off work, including an FMLA medical certification form.

Conference room for classes. On or around September 4, 2022, in anticipation of his return to work the next day, the college provided the professor with a conference room in its McMaster Center for him to teach his criminology classes because the location was easier for him to access.

Leave and accommodations discussions. On September 8, 2022, he met with the HR director to discuss his needs for leave and accommodations. During the meeting, he told her he needed accommodations and provided her with his FMLA form (“FMLA Form 1”) completed by a second doctor, a physician at Penn Medicine. The second doctor requested on FMLA Form 1 that the professor be allowed to teach one to two classes in person and to “conduct the rest of the classes virtually from home if possible.” He also stated on FMLA Form 1 that the professor “was only able to perform ‘in classroom’ teaching for no more than 3 hrs each day,” five days per week. The doctor stated that his “current symptoms prevent him from standing or walking any longer than 3 hours during each work day” and that his “flareups will be unable to predict.”

More information. The professor provided the HR director with the form, and she told him she may need more information, but he responded that he would not be providing any additional information. He said the college “needed to do what it had to do and he would do what he had to do.” When the HR director tried to tell him that she would need time to review the form, he cut her off and said that he was 53 years old and he could say what he wanted, according to the court.

The HR director explained that she would reach out to the second doctor’s office to clarify information in the FMLA Form 1 and that she would need a separate form from the professor’s neurologist as well.

Remote work sought. Although he and the HR director discussed different workplace accommodations at the meeting, such as wearing different shoes while on campus, sitting while lecturing, and using a golf cart to move around campus, he stated that the only accommodation he wanted was to work remotely from home.

Home sick. On September 12, 2022, the professor emailed the provost to let him know that he dismissed his class and was going home sick. Later that evening, he emailed both the provost and the HR director, stating that he would “need to be out sick under FMLA” for an undetermined amount of time, but that he was scheduled for a doctor’s appointment on September 23, 2022, and hoped to be “reevaluated at that time.”

Alternative accommodations? The HR director canvassed the college’s campus to seek alternative accommodations for the professor, including a classroom and office near the parking lot. She documented this effort through photos. On September 23, 2022, she asked him when he would be released to return to work, informed him that his new classroom and office had no stairs, and offered a desk and chair for him to sit at or put his feet up, as needed.

Worsened, counsel retained. On September 24, 2022, he emailed the HR director to let her know that his disability had worsened and that he was “in no condition to report [to work] next week.” He also let her know that he had retained legal counsel because he had “been unsuccessful in working out reasonable accommodations.”

“FMLA Form 2.” On September 26, 2022, the HR director received an FMLA certification form completed by the neurologist (“FMLA Form 2”), describing the professor’s condition as lifelong and incurable with an approximate date of commencement of June 2022. The neurologist also explained in FMLA Form 2 that the professor would be incapacitated for a continuous period from September 12, 2022, to December 12, 2022.

Virtual classroom? Although the provost and HR director discussed with the professor the possibility of a virtual classroom in September and October 2022, and, as of September 8, 2022, the college had virtual classroom capabilities that the professor could have used, the college did not make a decision regarding whether to provide a virtual classroom to him.

November 18 letter. On November 18, 2022, the college sent the professor a letter, undersigned by the HR director, delaying his requested November 21, 2022 return, providing him with paid leave until November 29, 2022, and requesting information regarding his condition and current status, including the job functions he could and could not complete, all possible accommodations that would allow him to perform the essential functions of his job, and whether performing work from home would allow him to teach with a full course load. He never responded to the letter, though he asserted that he had already answered its questions via the FMLA forms and notes from his neurologist.

Termination. Ultimately, the professor did not return to work after his FMLA leave ended. The college asserted that he was terminated by the college on or before April 12, 2024, after he abandoned all communications and failed to sign a new one-year contract with the college. However, the professor disputed that fact. He asserted that he concluded he was terminated “after he received the November 18, 2022 letter and the College refused to allow him to work after the FMLA expired and the College refused to accommodations” (sic).

Lawsuit. After exhausting his remedies before the EEOC, he sued, alleging one count of disability discrimination under the ADA. The employer moved for summary judgment.

Adverse action allegations abandoned. The court first found that the professor abandoned his discrimination claim based on any adverse employment actions other than the failure to accommodate.

Failure to accommodate. His failure to accommodate claim, however, survived. Although the college asserted that “Plaintiff obstructed and delayed the interactive process by refusing to provide adequate authorizations, certifications, and information that [the HR director] needed to adequately evaluate the proper accommodations,” the court observed that jury could find that the college also acted in bad faith by failing to fully consider the virtual classroom, which was explicitly requested by the professor’s physician, as an option.

The professor thus raised a genuine issue of material fact regarding whether he can meet his evidentiary burden to establish disability discrimination under the ADA for failure to accommodate.

The case is No. 23-2004.

Judge: Hodge, K.

Attorneys: J. Stephen Woodside (Law Offices of J. Stephen Woodside) for Randy L. Davis, Jr. Christopher J. Gilligan (Margolis Edelstein) for Valley Forge Military Academy and College.

Companies: Valley Forge Military Academy and College

Cases: DisabilityDiscrimination Discrimination Discharge EmployeeLeave PennsylvaniaNews