Rehabilitation Act of 1973, policy and procedure, disparate treatment, evidence, public employee, safety

Gene Arline, a former teacher with the Nassau County school system, appeals a lower court's ruling in her discrimination suit. Arline contracted tuberculosis at a young age and remained susceptible to the illness as an adult. School officials believed Arline's susceptibility to tuberculosis created an unnecessary risk for her students. They terminated her employment. Arline subsequently filed suit, claiming the district's action violated the Rehabilitation Act of 1973. Arline argued the Act considered her condition a handicap. Arline also argued she could perform her duties and posed no threat to the students. The school board responded with a motion to dismiss the complaint.

A U.S. District Court ruled for the school district. The court ruled the Act did not cover contagious diseases such as tuberculosis. The court ruled the school district need not create a special post for Arline. The court also ruled public safety concerns outweighed individual rights. Arline now appeals.

Arline wins. The U.S. Court of Appeals for the Eleventh Circuit remanded the case for a new trial. The appeals court issued specific instructions for the lower court to determine if Arline could perform her duties without posing a health risk to her students.