COVD President Dr. Barry Tannen shares a recent court case in which he served as an expert witness for a former school nurse. Her workplace had failed to implement the reasonable accommodations she so clearly needed as a person with convergence insufficiency. The legal precedents this case has established are so important for the future of behavioral vision problems being recognized by a larger community of professionals!
On September 28th 2016, Rosa Martinez (formerly a school nurse in the New Brunswick New Jersey school district) was awarded $2 million as settlement in an employment disability discrimination lawsuit involving the New Brunswick Board of Education.
During trial testimony before Middlesex County Superior Court Judge Douglas K. Wolfson, the school board agreed to settle the case, which alleged discrimination, harassment and failure to reasonably accommodate her situation, in which she said a visual disability made it difficult to work on a computer. The visual demands were exacerbated when the school district went to electronic medical records in 2009.
I am quite familiar with this case as I served as an expert witness for the plaintiff, Rosa Martinez. What is remarkable and perhaps precedent setting was the visual disability in question was a severe case of convergence insufficiency (as well as dry eye syndrome). Rosa attempted to have the condition treated…
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