November 1998

   The nurse became infected with Hepatitis C and became quite ill. He resigned his position and filed an application for Social Security disability benefits, stating it was impossible for him to complete nursing tasks in a safe manner due to extreme fatigue, nausea, anxiety and depression.

   Then he was hired as a supervisor of home health aides. He withdrew his application for Social Security disability.

   To his credit, the United States Circuit Court of Appeals for the Eighth Circuit applauded this nurse for genuinely trying to make the most of this employment opportunity. Unfortunately, by the nurse’s own admission, according to the court, his medical condition rendered him unable to do this job either.

   He was terminated by the home health agency and sued for disability discrimination. He also re-filed his Social Security disability application, stating he was completely unable to work due to his illness.

   The court ruled in favor of the home health agency. Despite its sympathy with his plight, the court ruled this nurse was not a qualified individual with a disability.

   Just because a person files for disability benefits does not mean the person cannot be a qualified individual with a disability. The court said theoretically an employer can accommodate the disability and thereby make the person qualified, although it is difficult to envision how this could happen in a patient-care position.