Teacher wonders whether she’s eligible under ADA to telework 

Q: I recently applied to my school district for accommodations under the Americans with Disabilities Act (ADA) due to COVID-19. My body-mass index (BMI) is 40.2, and I’ve read that the CDC considers a BMI of 30 to put you at high risk of developing symptoms of the virus. But my district denied my request — it seems that having only one health risk isn’t enough to make me eligible to work from home. They did give me a flexible working arrangement, though, which means I can leave school when my in-person responsibilities are completed. So, instead of being at school for seven hours every day, I will be there for four. OK, that’s less possible exposure, but it’s still a lot of time.

My union rep knows my whole story and has asked if I want her to pass my information on to our district union president and vice president so they can fight for me. I don’t know what to do, though. It took me almost a month just to apply for the accommodation, so obviously I’m feeling pretty conflicted. Plus, the infection rate in New Jersey where I live is 0.92, which is better than a lot of places. Also, I’m a computer science teacher, and I will only have about seven or eight kids in my computer lab. They will be able to spread out, they’ll be wearing masks, and I’ll be wearing a mask and a face shield. My husband is a teacher, too, and he is also obese, but he has no problem going back to his classroom even though he is an instrumental music teacher, and when the kids play their instruments, the spit starts flying.

I surveyed three of my doctors, and they all say that while they can’t be 100% certain I won’t contract coronavirus, I should be fine as long as I follow guidelines. (My internist said, “Stay away from the mucus.” Wow, thanks.) But I still have this nagging fear, even though I’m not a fearful person by nature. I think about my son, my only child. He is 21 and has high-functioning autism. What if both of his parents get sick? Every time I try to move forward with my decision to go back to work, doubt and fear haunt me. My questions are: 1) Can my district legally deny my accommodation request when I have a high-risk condition listed by the CDC? 2) If they can’t accommodate me, can I legally take a leave of absence? 3) Am I putting my job in jeopardy if I do take a leave?