Wells v. Cincinnati Children's Hospital Medical Center
United States District Court for the Southern District of Ohio
2012 U.S. Dist. LEXIS 19227 (S.D. Ohio February 15, 2012)
Nurse Wells (plaintiff), taking prescribed morphine for gastrointestinal problems with the hospital's (defendant) knowledge, was suspended after supervisors observed erratic behavior consistent with the drug's neurological side effects and was ordered to undergo a psychiatric evaluation, which raised concerns about chemical dependency; although a later doctor's note cleared her to return without restrictions, her supervisors remained skeptical of her fitness for the critical transplant unit and she was ultimately transferred rather than reinstated. Wells sued under the ADA for disability discrimination and retaliation.
Whether, following the ADA Amendments Act of 2008, a plaintiff must prove the employer regarded her impairment as substantially limiting a major life activity in order to claim protection under the Act's regarded-as-disabled provision.