The nurse in this case failed to mention in his interview for a charge nurse position in a nursing home that his license was restricted. He was not allowed access to narcotics or other mind-altering medications. The restriction had been imposed following a long history of trouble with narcotics addiction. When he finally produced and tendered his license to his employer as required by law, shortly after beginning employment, he was fired. He sued for disability discrimination.

   He claimed he was a successfully rehabilitated drug abuser, having been clean and sober thirty days before he reported to work at this job. The nurse’s suit alleged he was by law a "qualified individual with a disability," protected from employment discrimination by the Americans With Disabilities Act. The U.S. District Court for the District of Kansas threw out the lawsuit. The court took a two-pronged approach to analyzing the case.

   First, a nurse with a restricted license who cannot have access to narcotics is not a "qualified individual with a disability," with respect to a nursing position for which the job description requires the ability to pass and/or account for narcotics or mind-altering medications.