Americans With Disabilities Act
Schalk v. Associated Anesthesiology Practice, No. CIV. CCB-03-3393 (D. Md. Apr. 27, 2004)
An
anesthesiologist sued his group, claiming he was denied employment in violation
of the Americans with Disabilities Act (ADA), based on his history of drug abuse.
The association moved to dismiss the case, arguing that the anesthesiologist
was neither an “employee” nor a “job applicant” under
the ADA. The United States District Court for the District of Maryland refused
to dismiss the case, holding that the anesthesiologist’s status relates
to the merits of the case, which will be decided at trial.