WISDOM, Circuit Judge:
Children’s World Learning Center (CWLC) is a school and daycare-provider for young children. Victoria Rizzo is a hearing-impaired woman who, until the circumstances of this lawsuit arose, was an employee of CWLC. In 1993, Ms. Rizzo left CWLC after a substantial change in her employment duties, and shortly thereafter filed a discrimination claim against CWLC under the Americans with Disabilities Act (ADA) 42 U.S.C. § 12101 et seq. Rizzo asserted that she had been demoted solely because of her hearing impairment. CWLC filed a motion for summary judgment that the district court granted. We reversed the district court and remanded for trial in Rizzo v. Children’s World Learning Centers, Inc.1 (Rizzo I).
At trial, the jury found that CWLC had discriminated against Rizzo because of her disability, in violation of the ADA. CWLC appeals, asserting the following assignments of error. (1) The district court erred in denying CWLC’s motion for judgment as a matter of law, in that Rizzo failed to meet her burden of proof. (2) The district court erred in denying CWLC’s motion for judgment as a matter of law, in that defendant CWLC conclusively proved an affirmative defense, specifically that Rizzo posed a “direct threat” to the children in her care. (3) The district court erred in denying CWLC’s motion for a new trial, in that the verdict was against the great weight of the evidence. (4) The charge presented to the jury contained plain error, in that it placed the burden of proof on both parties. (5) The award of $100,000 for past and future mental anguish is clearly erroneous, asserting that it is excessive and not supported by competent evidence or causally linked to a violation of the ADA. CWLC seeks either judgment as a matter of law, a new trial, or a reversal as to damages.
Appellee Rizzo now asserts that CWLC’s appeal is frivolous and seeks sanctions against the appellant. Further, Rizzo seeks attorneys’ fees on appeal, should she be found to be the prevailing party.
We affirm the jury verdict and award. We also find this appeal is not frivolous, and therefore not subject to sanctions. We further award attorneys’ fees to the appellee in the amount of $20,625.
Facts
The facts of this case are hotly disputed. This dispute led to our reversal of sum[258]*258mary judgment in Rizzo I. There were genuine material issues of fact that needed to be determined at trial.
Victoria Rizzo was an administrative aid at the Children’s World Learning Center. She suffers from a substantial hearing impairment. Among her other duties, Rizzo regularly drove students to and from school in a van provided by CWLC. In 1993, a parent of one of CWLC’s students complained that her child had been unable to get Rizzo’s attention because of her hearing disability. This parent also voiced a concern that Rizzo’s disability might prevent her from hearing a choking child while driving a van full of small children. Shortly after this complaint, Rizzo was removed from her van driving duties. She additionally suffered a reduction in work hours, was forced to work a “split-shift” to make up those lost hours (working two short shifts, one in the early morning, the other in the late afternoon), was assigned to cook meals in the Center’s kitchen, and on several occasions worked fewer than the necessary hours to keep her benefits (though her benefits were never, in fact, revoked). After these changes in her work assignments, Rizzo quit her job at CWLC, and filed suit under the ADA, alleging discrimination due to her hearing disability.
Rizzo contends that the changes in her employment duties constituted a demotion based solely on her disability. CWLC denied this charge, contending that the change in duties was a natural part of a daycare work environment. CWLC further contends that it was necessary to remove Rizzo from her van driving duties because she posed a direct threat to herself and the children in her care. All of these issues were fully litigated before a jury. That jury found CWLC had violated the ADA by discriminating against Rizzo based on her disability; that such discrimination was done with malice; and that Rizzo was entitled to damages in the amount of $100,000 for past and future mental anguish. CWLC timely filed this appeal.
Jurisdiction
The district court had jurisdiction of this federal question litigation under Title I of the Americans with Disabilities Act. 42 U.S.C. § 12101 et seq. This court has jurisdiction .over a direct appeal arising from such litigation.
Burden of proof and judgment as a matter of law
We shall address the appellant’s first two assignments of error together. CWLC first contends that the district court erred in denying appellant’s motion for judgment as a matter of law, asserting that Rizzo failed to meet her burden of proof. CWLC next contends that the district court erred in denying the motion for judgment as a matter of law in that CWLC conclusively proved that Rizzo .posed a “direct threat” to the children in her care, an affirmative defense to an allegation of discrimination.
As these two assignments of error intertwine around the issue of the burden of proof, we shall address them together. The question is twofold: first, did Rizzo pose a direct threat to the children in her care; second, is it CWLC’s burden to prove she was a threat, or is it Rizzo’s burden to prove she was not? At first glance both the caselaw from the different federal circuits and the federal regulations themselves appear to be in conflict.
CWLC maintains that Rizzo, as a plaintiff, must prove that she is “a qualified individual with a disability,” pursuant to 42 U.S.C. § 12112(a). CWLC also maintains that, as part and parcel of proving she is a qualified individual with a disability, Rizzo must prove that she does not pose a direct threat to the health or safety of herself or others. In support of this contention, CWLC points to a holding of the Eleventh ' Circuit, stating that “the employee retains at all times the burden of persuading the [259]*259jury ... that he was not a direct threat.”2 In so holding, the Eleventh Circuit relied upon a provision of the Interpretive Guidance to 29 CFR § 1630.2(r). This states: “An employer may require, as a qualification standard, that an individual not pose a direct threat to the health or safety of himself/herself or others” (emphasis added). As this “qualification standard” obviously goes to the issue of whether plaintiff is a “qualified individual with a disability,” the burden of proof would apparently fall on the plaintiff.
Appellee Rizzo responds that CWLC as the defendant bears the burden of proving “direct threat” as an affirmative defense. In support of this position, Rizzo cites our own statement in Rizzo I, that “as with all affirmative defenses, the employer bears the burden of proving that the employee is a direct threat”. Just as the Eleventh Circuit’s holding in Moses was based on the Interpretive Guidance to the Code of Federal Regulations, so too was our holding in Rizzo I.
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WISDOM, Circuit Judge:
Children’s World Learning Center (CWLC) is a school and daycare-provider for young children. Victoria Rizzo is a hearing-impaired woman who, until the circumstances of this lawsuit arose, was an employee of CWLC. In 1993, Ms. Rizzo left CWLC after a substantial change in her employment duties, and shortly thereafter filed a discrimination claim against CWLC under the Americans with Disabilities Act (ADA) 42 U.S.C. § 12101 et seq. Rizzo asserted that she had been demoted solely because of her hearing impairment. CWLC filed a motion for summary judgment that the district court granted. We reversed the district court and remanded for trial in Rizzo v. Children’s World Learning Centers, Inc.1 (Rizzo I).
At trial, the jury found that CWLC had discriminated against Rizzo because of her disability, in violation of the ADA. CWLC appeals, asserting the following assignments of error. (1) The district court erred in denying CWLC’s motion for judgment as a matter of law, in that Rizzo failed to meet her burden of proof. (2) The district court erred in denying CWLC’s motion for judgment as a matter of law, in that defendant CWLC conclusively proved an affirmative defense, specifically that Rizzo posed a “direct threat” to the children in her care. (3) The district court erred in denying CWLC’s motion for a new trial, in that the verdict was against the great weight of the evidence. (4) The charge presented to the jury contained plain error, in that it placed the burden of proof on both parties. (5) The award of $100,000 for past and future mental anguish is clearly erroneous, asserting that it is excessive and not supported by competent evidence or causally linked to a violation of the ADA. CWLC seeks either judgment as a matter of law, a new trial, or a reversal as to damages.
Appellee Rizzo now asserts that CWLC’s appeal is frivolous and seeks sanctions against the appellant. Further, Rizzo seeks attorneys’ fees on appeal, should she be found to be the prevailing party.
We affirm the jury verdict and award. We also find this appeal is not frivolous, and therefore not subject to sanctions. We further award attorneys’ fees to the appellee in the amount of $20,625.
Facts
The facts of this case are hotly disputed. This dispute led to our reversal of sum[258]*258mary judgment in Rizzo I. There were genuine material issues of fact that needed to be determined at trial.
Victoria Rizzo was an administrative aid at the Children’s World Learning Center. She suffers from a substantial hearing impairment. Among her other duties, Rizzo regularly drove students to and from school in a van provided by CWLC. In 1993, a parent of one of CWLC’s students complained that her child had been unable to get Rizzo’s attention because of her hearing disability. This parent also voiced a concern that Rizzo’s disability might prevent her from hearing a choking child while driving a van full of small children. Shortly after this complaint, Rizzo was removed from her van driving duties. She additionally suffered a reduction in work hours, was forced to work a “split-shift” to make up those lost hours (working two short shifts, one in the early morning, the other in the late afternoon), was assigned to cook meals in the Center’s kitchen, and on several occasions worked fewer than the necessary hours to keep her benefits (though her benefits were never, in fact, revoked). After these changes in her work assignments, Rizzo quit her job at CWLC, and filed suit under the ADA, alleging discrimination due to her hearing disability.
Rizzo contends that the changes in her employment duties constituted a demotion based solely on her disability. CWLC denied this charge, contending that the change in duties was a natural part of a daycare work environment. CWLC further contends that it was necessary to remove Rizzo from her van driving duties because she posed a direct threat to herself and the children in her care. All of these issues were fully litigated before a jury. That jury found CWLC had violated the ADA by discriminating against Rizzo based on her disability; that such discrimination was done with malice; and that Rizzo was entitled to damages in the amount of $100,000 for past and future mental anguish. CWLC timely filed this appeal.
Jurisdiction
The district court had jurisdiction of this federal question litigation under Title I of the Americans with Disabilities Act. 42 U.S.C. § 12101 et seq. This court has jurisdiction .over a direct appeal arising from such litigation.
Burden of proof and judgment as a matter of law
We shall address the appellant’s first two assignments of error together. CWLC first contends that the district court erred in denying appellant’s motion for judgment as a matter of law, asserting that Rizzo failed to meet her burden of proof. CWLC next contends that the district court erred in denying the motion for judgment as a matter of law in that CWLC conclusively proved that Rizzo .posed a “direct threat” to the children in her care, an affirmative defense to an allegation of discrimination.
As these two assignments of error intertwine around the issue of the burden of proof, we shall address them together. The question is twofold: first, did Rizzo pose a direct threat to the children in her care; second, is it CWLC’s burden to prove she was a threat, or is it Rizzo’s burden to prove she was not? At first glance both the caselaw from the different federal circuits and the federal regulations themselves appear to be in conflict.
CWLC maintains that Rizzo, as a plaintiff, must prove that she is “a qualified individual with a disability,” pursuant to 42 U.S.C. § 12112(a). CWLC also maintains that, as part and parcel of proving she is a qualified individual with a disability, Rizzo must prove that she does not pose a direct threat to the health or safety of herself or others. In support of this contention, CWLC points to a holding of the Eleventh ' Circuit, stating that “the employee retains at all times the burden of persuading the [259]*259jury ... that he was not a direct threat.”2 In so holding, the Eleventh Circuit relied upon a provision of the Interpretive Guidance to 29 CFR § 1630.2(r). This states: “An employer may require, as a qualification standard, that an individual not pose a direct threat to the health or safety of himself/herself or others” (emphasis added). As this “qualification standard” obviously goes to the issue of whether plaintiff is a “qualified individual with a disability,” the burden of proof would apparently fall on the plaintiff.
Appellee Rizzo responds that CWLC as the defendant bears the burden of proving “direct threat” as an affirmative defense. In support of this position, Rizzo cites our own statement in Rizzo I, that “as with all affirmative defenses, the employer bears the burden of proving that the employee is a direct threat”. Just as the Eleventh Circuit’s holding in Moses was based on the Interpretive Guidance to the Code of Federal Regulations, so too was our holding in Rizzo I. Specifically, that “with regard to safety requirements that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, an employer must demonstrate that the requirement, as applied to the individual, satisfies the ‘direct threat’ standard.” Interpretive Guidance to 29 CFR § 1630.15(b) & (c).3 Rizzo contends that this is law of the case, and dispositive of the issue of burden of proof. We agree. Further, we find that upon a thorough reading of the caselaw and the regulations, there is, in fact, no conflict at all.
The law of Rizzo I, putting the burden of proof on the defendant, applies only in cases concerning “safety requirements that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities.” 4
In the instant case, the record reflects that CWLC demoted Rizzo based on what they perceived to be her inability to hear a choking child while driving a van full of children. Upon this Court’s observation that there is no evidence that a choking child even makes a sound, CWLC amended its position, now contending that Rizzo’s true “direct threat” to the safety of the children lay in her inability to distinguish spoken words and specific sounds. The record is replete with evidence that Rizzo heard the word “death” as “luck,” the word “pain” as “chain,” and so forth.5 In other words, the safety requirement instituted by CWLC was that any teacher whose responsibilities included van driving be able to discriminate spoken words. This is obviously a safety requirement which tends to screen out a class of individuals with hearing disabilities. In such a case, the defendant now bears the burden of proof that the employee poses a direct threat to the health or safety of herself or others.6
We therefore agree with the Eleventh Circuit that the burden of proof is on the plaintiff to prove that, as a qualified individual, she is not a direct threat to herself or others. We disagree with the Moses opinion only insofar as that opinion allows for no exceptions to this rule. (“The employee retains the burden at all times...” Moses at 447)(emphasis added). We hold that, in accord with the federal regulations, when a court finds that the [260]*260safety requirements imposed tend to screen out the disabled, then the burden of proof shifts to the employer, to prove that the employee is, in fact, a direct threat.
Working now with an understanding that, in the case at bar, defendant-appellant CWLC has the burden of proof, we may fully address their assignments of error. Did the district court err in denying the motion for judgment as a matter of law? We view the evidence in the light most favorable to the non-movant, and ask, could a reasonable juror have found for the plaintiff?7
To prevail under the ADA, the plaintiff must prove three things: (1) she has a disability; (2) she is an otherwise qualified employee; and (3) she suffered an adverse employment decision solely because of her disability.
Both parties have stipulated that Rizzo suffers a disability.
Was Rizzo an otherwise qualified employee? CWLC contends that Rizzo could not safely drive the school van, and that she was therefore not qualified. We have already established that the burden of proof that Rizzo constituted a direct threat falls on the appellant. Again, the issue is intertwined with CWLC’s assertion that it proved, as a matter of law, that Rizzo was a direct threat to others. We disagree. There is no evidence in the record that Rizzo ever had any problems driving the van. There is no evidence of a previous accident, or even a previous near-miss. There is no evidence that her disability resulted in her being distracted from her driving duties. CWLC points out that, as Rizzo would be unable to hear the children in the van, she would have to rely on the additional mirrors placed in the van for visual clues as to the children’s safety. CWLC contends that this would tend to distract Rizzo, and could result in an accident. There is no evidence that the mirrors were placed in the van to accommodate Rizzo. These mirrors were there so that any van driver, with or without a disability, could check on the children visually. This was a necessary step since it would be enormously difficult for anyone to distinguish words in a van filled with up to two dozen children.
With regard to her other duties, there is no evidence Rizzo was not qualified. As an administrative assistant she appears to have completed successfully all her other duties, including answering the telephone, despite her hearing loss. CWLC’s only problem with Rizzo appears to have been what they perceived as a potential threat in the area of van driving.
Finally, Rizzo must prove that she suffered an adverse employment decision solely because of her disability. CWLC contends that Rizzo suffered no adverse employment decision. They blame the reduction in Rizzo’s work hours on the seasonal nature of daycare work. They point out that other teachers shared in the cooking duties along with Rizzo. They contend that Rizzo’s change in duties was based on her own request not to be alone in the classroom with children for an extended period. In short, CWLC contends that Rizzo was never demoted.
Viewing the evidence in the light most favorable to the appellee, we must disagree. Rizzo’s hours were reduced, resulting in lost wages. To compensate for the reduction, Rizzo was forced to work a split-shift of early mornings and late afternoons. Even with the split-shift she was not working enough hours to keep her full benefits package (though we recognize that she never actually lost her benefits). She was removed from her duties as the van driver, and sent to work in the kitchen. The cook replaced her as the van driver. In the light most favorable to Rizzo, a reasonable juror could clearly find she was demoted.
While not conceding a demotion, CWLC argues that, in the alternative, the [261]*261record will clearly show such a demotion was not based solely on her disability. CWLC re-urges its previous arguments: that the work was seasonal; that everyone cooked; that Rizzo asked not to perform certain duties. Mainly, CWLC asserts that driving the van was not an essential part of Rizzo’s duties, so suspending her from van driving was not a demotion based on her disability. We disagree. Rizzo’s duties included driving the van every day. We remind CWLC, and all appellants, that a motion for judgment as a matter of law does not require this Court to decide which side has the better of the ease. “It is the function of the jury as the traditional finder of the facts, and not the Court, to weigh conflicting evidence.”8 Clearly, a reasonable juror could conclude that driving the van was an essential part of Rizzo’s job, and CWLC offers no grounds for her suspension from that duty other than her disability.
CWLC’s final argument is that this Court should recognize the “unique circumstances” of this case, and adopt an equally unique “balancing test” to fit the facts of the case. CWLC contends that a school and daycare facility must make the protection of the children their primary concern. With that in mind, they propose that this Court determine whether CWLC “properly balanced the need to protect the children in its care and Rizzo’s interest in continued employment at the Learning Center”.9 We decline to adopt such a balancing test. We recognize CWLC’s interest in protecting the children in their care. We must also recognize that the evidence produced at trial shows only speculation as to the threat that could be posed by an employee with a disability who had been safely doing her job for two years.
Congressional intent with regard to the ADA is clearly spelled out: “To provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”10 Had Congress intended this Court to apply a balancing test in evaluating a discrimination claim, the Code of Federal Regulations would have made that plain. Yet CWLC provides us with no statutory authority for the test they propose. As such a test has no basis in either the regulations or the caselaw, and is not mandated by the interests of justice, we decline to adopt such a test.
Having reviewed the record in the light most favorable to Rizzo, we conclude that a reasonable jury could have found for the plaintiff, and affirm the trial court’s denial of the amended motion for judgment as a matter of law.
Motion for a new trial
Appellant CWLC alternatively argues that the verdict of liability was against the great weight of the evidence, and that the district judge abused his discretion in denying the motion for a new trial.
The arguments of the parties concerning this assignment of error are identical with those made regarding judgment as a matter of law, and need not be rehashed in detail here. After viewing the evidence in the light most favorable to Rizzo, we cannot conclude that the district judge abused his discretion in denying the motion for a new trial.
The jury charge
As we have noted throughout this opinion, the law regarding the burden of proof on the issue of “direct threat” appears to have been in conflict until now. CWLC now asserts as error that the district court mistakenly assigned the burden of proof of “direct threat” to both parties. CWLC further contends that by doing so, the district court caused substantial prejudice to the parties.
[262]*262CWLC concedes in their brief that they failed to raise this issue before the district court, and now raise it for the first time on appeal.11 Because the error is raised for the first time on appeal, we review for plain error affecting substantial rights of the parties, reversing only if the error would “seriously affect the fairness, integrity, or public reputation of judicial proceedings”.12
First we examine if there was error in the district court’s charge. The district court properly assigned to Rizzo the burden of proving she was a “qualified individual with a disability”. In defining that phrase, the court instructed that “the phrase ... describes a person who, with or without reasonable accommodation, can perform the essential functions of the employment position that the plaintiff holds or desires and who does not pose a ‘direct threat’ to the health or safety of herself or others”.13
In the very next charge, the court further instructed the jury that “the defendant has asserted that the plaintiff was removed from driving the school van because her employment as a school van driver posed a ‘direct threat’ to the health or safety of herself or others. (The court then defined ‘direct threat’ concluding with the following:) The defendant has the burden to prove by a preponderance of the evidence that a direct threat exists.”14 The instructions, like the caselaw and the regulations, appear to conflict.
As we have noted before, however, “few jury charges in cases of complexity will not yield error if pored over, long after the fact, in the quiet of the library— if such an enterprise is to be allowed. It is not.”15 Appellant’s failure to raise this issue before the district court leaves CWLC with the demanding standard of an error which would “seriously affect the fairness, integrity, or reputation of judicial proceedings”.16 We find the conflicting charges do not meet this standard. “Reversal for plain error is ‘not a run of the mill remedy’ and will occur ‘only in exceptional circumstances to avoid a miscarriage of justice.’ ” 17 We find no such exceptional circumstances here.
Damages
Appellant CWLC’s final contention is that a damage award of $100,000 for past and future mental anguish is excessive in view of the record. We overturn such an award only upon a finding that the amount awarded is “clearly erroneous”.18
CWLC suggests that the district court’s finding that Rizzo suffered $182 in lost wages is an indication that $100,000 for past and future mental anguish is excessive. The $100,000 award may be generous in relation to the lost wages, yet mental anguish is an actual compensatory damage. We note that the jury, having found CWLC acted with malice, could have further inflicted punitive damages on the appellant, and chose not to do so. In short, we cannot say that an award of $100,000 for mental anguish resulting from malicious discrimination in violation of the ADA is enough to “shock the conscience” of this Court.19
[263]*263Appellee’ contentions
Having found in favor of the appellee on both liability and damages, we must now address appellee’s contention that CWLC’s appeal is frivolous, and should result in sanctions. This appeal is far from frivolous. Rizzo correctly points out that our prior holding in Rizzo I stated the law of the case as to certain issues raised again on this appeal. The most notable issue raised concerns the burden of proof of “direct threat”. CWLC appears to have relied in good faith on what they felt to be conflicting caselaw from the Eleventh Circuit, and we will not penalize the appellant for bringing this issue before the Court.
As a prevailing party in a suit filed under the ADA, Rizzo is entitled to the attorneys’ fees awarded by the district court.20 Additionally, “a long and consistent line of Fifth Circuit precedent allows awards of attorneys’ fees for both trial and appellate work”.21 At oral argument, counsel for Rizzo asserted that each partner had worked 75 hours on this appeal. Counsel further stated that the district court had ordered attorneys’ fees in the amount of $175 an hour for senior counsel, and $100 an hour for junior counsel. On that basis, we determine that Rizzo is entitled to attorneys’ fees in the amount of $20,625. These fees are to be paid by CWLC.
The judgment of liability and the award of damages are AFFIRMED. Attorneys’ fees are awarded in accord with this opinion.