AMERICANS WITH DISABILITIES ACT

Sharma v. Cook County,
No. 01 C 432 (N.D. Ill. Nov. 19, 2003)

The U.S. District Court for the Northern District of Illinois granted in part and denied in part a hospital's motion for summary judgment when a physician sued the hospital, alleging discrimination in violation of the Americans with Disabilities Act, breach of contract, and various other violations of state and federal law.
The physician alleged that she was wrongly denied reinstatement of her medical staff privileges after a four-year disability leave.

The court found several issues of material fact existed, sufficient to preclude summary judgment, including: whether individuals at the hospital with decision-making authority as to the physician's requested reinstatement perceived or regarded the physician as having an impairment; whether the hospital treated other physicians more favorably; whether the physician in fact had medical staff privileges at the hospital when she requested to resume employment as an anesthesiologist; whether the physician was qualified to have her medical privileges reinstated; whether the hospital's requirements for reinstatement were legitimate; whether the hospital imposed unreasonable requirements or impeded the physician's ability to show her current clinical competency as an anesthesiologist; whether the physician had an opportunity to demonstrate her qualifications and, if so, whether the physician sufficiently demonstrated that she was qualified and competent to be reinstated to the medical staff of the hospital. Accordingly, the hospital's motion for summary judgment was granted in part and denied in part.