Lopreato v. Select Specialty Hosp.-N. Ky. (Summary)

AMERICANS WITH DISABILITIES ACT

Lopreato v. Select Specialty Hosp.-N. Ky., Civil Action No. 12-217-DLB-JGW (E.D. Ky. Dec. 3, 2014)

A federal district court in Kentucky dismissed Americans with Disabilities Act (“ADA”) claims against a hospital that refused to hire nurses with restrictions on their licenses based on past substance abuse, holding that the hospital followed a neutral company policy that was not pretext for discrimination.

Plaintiffs are two nurses with restrictions on their nursing licenses due to their history of drug use. These restrictions require direct supervision when administering narcotics. Defendant, a hospital, interviewed both nurses during which it asked whether there were any restrictions on their licenses. Both nurses answered affirmatively and the hospital did not inquire into the cause of such restrictions. The hospital decided not to hire them, stating that due to the position’s high demands, “nurses must be qualified to operate independently without constant direct supervision.” The nurses sued under the ADA claiming disability discrimination based on their history of drug use.

The court held that the hospital’s hiring policy was a legitimate, justifiable reason for not hiring the nurses. The company’s decision was based on whether a license was restricted, not the cause of such restriction. The hospital stated that it had previously seen such restrictions due to poor patient treatment or theft of medication, as well as previous drug abuse. The court stated that this was a legitimate reason and not pretext for disability discrimination.