Plaintiff, who was born missing a left hand, applied at the school district for a job as a cook, but was persuaded to apply to become a school bus driver, as they needed school bus drivers. The school district checked with the state to see whether she would qualify, given her missing hand, and found that she was eligible for a waiver if her physician could answer certain questions. She received the waiver and began her training, but the bus driver trainers disparaged her because of her disability. Training was suspended, then restarted, and her CDL examination was scheduled. However, her trainer could not attend with her, as required, so the exam was not taken, nor rescheduled.

1. What is the legal issue in this case? What did the appeals court decide? 

2. The district court decided that the plaintiff was not “otherwise qualified” because she did not have a commercial driver’s license. Why did the appeals court reject this 

conclusion?

3. Suppose that the coworker who said that it would take much more time to train the plaintiff and that she would not be able to drive some buses was right about those things. Can the school district legitimately take those factors into account in deciding whether to train and ultimately employ the plaintiff? Given safety concerns, should she be hired as a school driver even if she obtains her CDL? Why or why not?

4. On remand, the district court is to examine whether the plaintiff can establish a prima facie case of discrimination under the ADA. From the limited facts provided, does it appear that she will be able to do so? Why or why not?