Americans with Disabilities Act, drugs, policy and procedure, private right of action, off duty conduct.

Deborah Shafer appeals a lower court's ruling concerning her suit against Preston Memorial Hospital. Shafer was suspended by hospital officials and allowed to enter a substance abuse treatment program after they learned Shafer was using medication intended for her patients. On the day she completed the treatment program, hospital officials notified Shafer that she was terminated for misconduct. Shafer secured employment at another hospital but later was involved in a similar drug-related incident. Shafer subsequently filed suit against Preston Memorial, alleging a violation of the Americans with Disabilities Act. Shafer argued that hospital officials were aware she was addicted to drugs when they decided to dismiss her. Hospital officials responded with a motion for summary judgment.

A district court granted the hospital's motion for summary judgment. The court ruled that hospital officials dismissed Shafer for redirecting medication intended for hospital patients, not because she was an admitted drug addict. The court ruled that Shafer committed gross misconduct. Shafer now appeals.

Shafer loses. The U.S. Court of Appeals for the Fourth Circuit affirmed the ruling of the district court but did so for different reasons. The appeals court ruled that Shafer was not covered by the ADA because she was a "current" drug user, as defined by the Act. Furthermore, the court noted that Shafer sought medical treatment only after she was caught redirecting drugs for her personal use. The appeals court ruled that the lower jurisdiction committed no reversible errors.