Labor & Employment Law

Employee looses ADA "regarded as" claim for refusing to enroll in inpatient alcohol treatment program

Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Kozisek v County of Seward, Nebraska, No. 07-3682 (8th Cir, Aug. 27, 2008). The 8th affirmed the dismissal of ADA ?regarded-as? claim by county worker who was fired for refusing to enroll in inpatient alcohol treatment program. Although the plaintiff employee claimed that the termination was based upon a ?perceived? disability in violation of the ADA, the Eighth Circuit held that because the mandatory inpatient treatment was based upon the recommendation of a qualified medical provider and not upon myths or stereotypes about the disabled, it did not establish a perception of disability and, therefore, was not a violation of the ADA.

This is an interesting decision that we do not see very often.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on October 02, 2008 (boomark / email).