Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Sunday, December 30, 2007

ADA Does Not Protect Misconduct

8thcir Donvenmuehler v. St. Cloud Hospital, __F.3d___(8th Cir. Dec. 4, 2007), is an interesting ADA case. The court held that the ADA did not protect a nurse who was fired for stealing drugs even though she is no longer using drugs and is in recovery. Additionally, the plaintiff was unable to establish that her drug addiction substanially limited a major life activity. Therefore, she was not even considered a disabled employee protected under the statute.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2007/12/ada-does-not-pr.html

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