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.