Bodenstab v. County of Cook, No. 05 C 281 (N.D.Ill. Jan. 28, 2008)
The United States District Court for the Northern District of Illinois granted a hospital's motion for summary judgment in a physician's lawsuit based on the Americans with Disabilities Act ("ADA"). The physician allegedly made death threats regarding his former supervisor and other co-workers, then underwent evaluations which determined that he had a psychiatric disorder which could lead to compromised patient care. He was terminated by the hospital and filed suit under the ADA.
The
court stated that the ADA does not require employers to take unnecessary
risks when dealing with mentally or physically impaired employees, and found
that the hospital's decision that the physician posed a direct threat was
supported by the FBI and police investigation as well as independent medical
opinions, and the physician failed to set forth sufficient evidence to support
the contrary. The court also held, among other things, that the physician
was not disabled because he did not have an impairment that substantially
limited him in one or more major life activities.