(CN) – A New York appellate division affirmed dismissal of a teacher’s claim that the school board had denied her transfer request in retaliation for taking time off because of her depression.
Maryellen Ruane-Wilkens, who has taught since 1972, suffers from depression.
She took several weeks off due to her depression and applied for a transfer, but did not cite depression as her reason. She sued for retaliation after her swim class was increased from 25 to 40 students, and she was assigned to a weight-training class.
The appeals judges affirmed the trial court’s dismissal of the case.
“The plaintiff failed to present any evidence that the transfer request was denied due to her disability,” the judges wrote. “Moreover, the record contains no evidence that the plaintiff ever complained about any discrimination.”