Denying a school district summary judgment on the plaintiff’s ADA claim, a court held that plaintiff’s anxiety and depression, “likely stemming from her concerns about possibly getting fired,” may be a disability under the ADA. Huiner v. Arlington School District, (D.SD, Sept. 26, 2013).

The plaintiff, a teacher, had been placed on a performance improvement plan. Her failure to successfully complete the plan could lead to the nonrenewal of her contract, effectively the termination of her employment. As a result of being placed on the plan, plaintiff claimed that she was unable to “maintain her nutritional needs,” was having difficulty caring for her children and had sleep pattern deficits. 

Noting the ADAAA’s “relaxed standards” for determining what is a disability, the court rejected the school district’s argument that plaintiff had not produced evidence that her anxiety substantially limits one of her major life activities.