In White v. Board of Trustees of the University of Arkansas, No. 4:25-CV-00702-BSM, 2025 WL 3527401 (E.D. Ark. Dec. 9, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act (ADA).
From the decision:
Defendants’ motion to dismiss White’s ADA hostile work environment claim is denied. To plead a hostile work environment claim, White must allege that (1) she is a member of a protected group under the ADA; (2) she was subjected to harassment; (3) the harassment was based on White’s protected status; and (4) the harassment affected a term, condition, or privilege of White’s employment. See Ryan v. Captial Contractors, Inc., 679 F.3d 772, 778 (8th Cir. 2012) (citing Shaver v. Indep. Stave Co., 350 F.3d 716, 720 (8th Cir. 2003)).
White plausibly alleges she is disabled and that defendants (1) mocked her; (2) sent her passive aggressive emails; (3) treated her differently because of her disabilities and accommodations; (4) targeted her for using certain writing utensils; (5) did not allow her to attend conferences or engage in outside employment; (6) intimated her; (7) berated her; (8) revoked her accommodations to teach a hybrid schedule; (9) required her to meet with the supervisor who was harassing her; (10) ignored her repeated complaints regarding ongoing harassment; (11) exhibited animus toward her, and (12) constructively discharged her because of her disability. Id. ¶ 10–11 and 69.
These alleged facts, held the court, was sufficient to overcome dismissal.