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Israel Sepulveda-Villarini v. Department of Education of Puerto Rico, et al

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Before Lynch, Chief Judge,Souter, Associate Justice, *fn1 and Selya, Circuit Judge

The issue in each of these consolidated cases is the sufficiency of the complaint to state a claim for failure to accommodate an employee’s disability as required by Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111-12117, and § 504 of the Rehabilitation Act, 29 U.S.C. § 794. The district court dismissed each under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. We vacate and remand.

It takes nimble footwork to reach that exact issue. The appellants in these suits, Israel Sepulveda-Villarini (Sepulveda) and Marta Velazquez-Torruella (Velazquez), are public school teachers in Ponce, Puerto Rico. The appellees are the Puerto Rico Department of Education; its Secretary, Rafael Aragunde-Torres (Aragunde); and the school director (and appellants’ supervisor), Alexis Oliveras-Santiago (Oliveras). Aragunde is sued in his official capacity; Oliveras is sued in his personal capacity.

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