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On March 31, 1998, the District Court of New York found that St. Francis College's dismissal of an associate professor was discriminatory under the ADA.

Full time associate professor of physical education Barbara Meling brought an action against her employer, St. Francis College. Meling had been injured in a car accident. She suffered fractures and injuries to her shoulder and knee which limited her ability to walk, stand, and sit for long periods of time. Meling's injuries forced her to take a leave of absence from St. Francis. The college would not accept her back unless she could return to work without any restrictions. In response, she suggested accommodations that would facilitate her return. St. Francis refused to explore these options and replaced Meling. As a result, she alleged that her dismissal was a case of discrimination under the ADA.

The trial court found that Meling met the definition of disabled under the ADA; i.e., a person is disabled if they have a physical impairment which substantially limits performance of one or more major life activities, has a record of this type of impairment, or is regarded by their employer to have this type of impairment. Major life activities have been interpreted as the basic activities an average person can undertake without major difficulty. This definition includes Meling's inability to walk, sit and stand for extended periods of time.

It was further found that St. Francis dismissed Meling based on her disabled status. A jury awarded Meling compensatory damages of $225,000.00, punitive damages in the amount of $150,000.00, and back pay of $141,251.00. The court also reinstated her employment at St. Francis College. In response, the college moved for a new trial asserting that the trial court erred as a matter of law when it concluded that Meling was disabled under the ADA.

The appellate court held that the evidence was sufficient to reasonably conclude that Meling was disabled under the ADA definition. Further, it found that St. Francis relied on this status as the reason for her dismissal. Specifically, St. Francis showed a disregard for Meling's rights under the ADA by not seeking out expert advice about Meling's disability and possible accommodations. The court stated that this supported her award of punitive damages.

It was demonstrated that Meling was quite capable of serving as a physical education instructor. Most of the courses she was scheduled to teach were strictly lecture courses and did not require physical activity. The courses that required physical demonstrations could have employed the use of student demonstrators. This practice is recognized as appropriate and is used in this area of instruction. Meling did find employment at another college as a physical education professor following her dismissal from St. Francis. This further demonstrated that she was capable of this type of work.

The court reinstated Meling as an associate professor of physical education at St. Francis. However, Meling requested that she be reinstated with tenure, but the court did not grant this request. Colleges and universities require special abilities to manage the academic appointments and awards of tenure. The decision of tenure carries with it a significant commitment by the professor and the institution. The court stated that it was not equipped to make such a determination. Further, the court stated that St. Francis had undergone personnel changes and with her abilities Meling could quite possibly achieve tenure. Meling had proven her abilities through her employment at St Francis and another college. Her disability did not affect her work performance, despite the fact that her work was in the area of physical education.

Meling's case demonstrates to sports employers the necessity in making reasonable accommodations for disabled employees under the ADA. The ADA then helps provide opportunities for people with disabilities to be judged on their efforts and not on their limitations.

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