EAST ST. LOUIS - As a discrimination trial involving a school district and disabled employee is set to begin, both parties filed motions asking for certain evidence and testimony to be disallowed.
Teaching assistant Jane Emerick, who has multiple sclerosis, claims the Wood River-Hartford School District discriminated against her and failed to accommodate her disability, allegations the district is denying.
Following a pre-trial conference last week, U.S. District Judge Nancy Rosenstengel of the Southern District of Illinois indicated she would preside over the trial next month, though the date has not yet been determined.
The two sides both filed motions asking the judge to bar mention of various allegations and information, though Wood River listed 18 separate ones, with Emerick asking for one.
Among the allegations Wood River is asking to be barred are any assertion that the plaintiff endured a hostile work environment.
It also asked not to allow any testimony, evidence or reference "to any prior investigation or discipline of any of Defendant’s employees."
Judge Rosenstengel also is asked to bar any "assertion of a failure to accommodate" other than those stated in the complaint and any evidence to matters before Jan. 7, 2015.
The plaintiff asked that the jury not be told of any claim that accommodating Emerick was an undue hardship or would be too expensive.
"Defendant has never made any such argument, presented any evidence in support of an undue hardship, and thus cannot at this late stage insert into the litigation a claim or defense defendant has never asserted or provided evidence in support of," the motion argues..
Wood River asked the judge to bar "any assertion that the Plaintiff was subjected to disparate treatment."
"This Court has ruled that the Plaintiff has failed to state a claim for hostile work environment," the motion states."Any such evidence or suggestion of the
same to a jury would be highly prejudicial to the defendant and irrelevant."