Montgomery v. L.A. Unified School Dist. CA2/4

INTRODUCTION

Tyra Montgomery is employed by Los Angeles Unified School District (LAUSD) as a special education assistant in an elementary school classroom. In September 2019, school administrators did not assign her to work additional hours as an aide on the bus transporting students with special needs to and from school, as her medical restrictions precluded her from lifting more than 40 pounds. Consequently, she sued LAUSD under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) for disability discrimination, failure to accommodate, and failure to engage in the interactive process. LAUSD moved for summary judgment or, in the alternative, summary adjudication. It argued Montgomery’s claims fail as a matter of law, because: (1) she cannot lift more than 40 pounds, and therefore cannot perform the essential functions of the desired bus aide role; and (2) no reasonable accommodation was available to enable her to perform those functions. The trial court granted LAUSD’s motion. We affirm.

BACKGROUND

In December 2017, Montgomery injured her neck, back, and shoulders at work while intervening in an incident involving a student exhibiting aggressive…