The Third Circuit permitted a physician with staff privileges at a private hospital to bring a claim of disability discrimination against the hospital under Title III of the ADA when the hospital suspended his privileges after he was diagnosed with attention deficit disorder. Plaintiff proceeded under Title III of the ADA, which prohibits discrimination against disabled individuals in "places of public accommodation," rather than under Title I, which prohibits discrimination in the employment context, because he was considered an "independent contractor" rather than a hospital employee. The Court found that he had stated a cause of action under Title III because he could no longer use the hospital in providing necessary medical services for his patients.
Physician Diagnosed with ADD States Claim Under ADA
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Menkowitz v. Pottstown Memorial Medical Center, No. 97-2041, 1998 U.S. App. LEXIS 20720 (3rd Cir., Aug. 24, 1998).
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