Lopreato v. Select Specialty Hosp. – N. Ky. — Jan. 2016 (Summary)

AMERICANS WITH DISABILITIES ACT

Lopreato v. Select Specialty Hosp. – N. Ky.
No. 15-5011 (6th Cir. Jan. 29, 2016)

fulltextA federal appellate court ruled in favor of a hospital on two nurses’ claims under the Americans with Disabilities Act (“ADA”). The nurses had been terminated by a prior employer for drug diversion, and they entered a rehabilitation program run by the Kentucky Board of Nursing. Their licenses were restricted as a result of their participation in the rehabilitation program.

Later, they applied for employment with the hospital. The hospital’s practice was not to hire nurses “who have current or previous restrictions or disciplinary action on their licenses regardless of the reasons for the disciplinary action or restriction.” The court ruled that the hospital’s practice was “legitimate and nondiscriminatory, even though [the nurses] licenses were restricted because they were participants” in the drug rehabilitation program.