Tuesday, May 15, 2012
Halpern v. Wake Forest University Health Sciences, ____F.3d____(4th Cir. Feb. 28, 2012), is an extremely important case. The court upholds the discharge of a medical student from medical school and rejected his ADHD defense under the Rehab and ADA. Why, providing deference to the medical school, the court held that he was not qualified under the statute because "professionalism" was an essential part of the program.
The court cited to several employment cases which held that an employee misconduct is not protected even if the disability caused the misconduct.
Law review commentary on this important case would be most welcome. Here that students!
Mitchell H. Rubinstein
Hat Tip: Workplace Prof Blog