March 9, 2012
4th Circuit ADHD-as-Disability Opinion
Long-term blog reader Jon Harkavy (Patterson & Harkavy) sends us word of this Fourth Circuit decision. I'm stealing his description of the case:
[Halpern v. Wake Forest University Health Sciences is a ] Fourth Circuit decision issued earlier this week involving the discharge from medical school of a student afflicted with ADHD. The panel unanimously rejected his ADA claim, holding that he was not "qualified" with or without accommodation of his disability. The opinion is noteworthy for its clarity on how this kind of claim is to be analyzed and for its definition of the degree of deference to be shown to a medical school's decision about allowing its students to pursue a degree in order to become a physician.
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As a tutor, I see too many children that are misdiagnosed, and medicated as having ADHD. This obviously goes on their record. It is ashamed this can effect their career of choice.
Posted by: educator | Mar 10, 2012 9:56:27 AM