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United States Court of Appeals for the Tenth Circuit
October 28, 1997, Filed
[*1077] EBEL, Circuit Judge.
Plaintiff-Appellant Howard Den Hartog ("Den Hartog") was discharged by defendant-appellee Wasatch Academy ("Wasatch"), a boarding school where Den Hartog had been teaching and working for over twenty-five years. He was discharged because his adult son Nathaniel, who suffers from bipolar affective disorder, attacked and threatened several members of the Wasatch community, including threats to the headmaster's two children, over a one-year period. Den Hartog sued Wasatch and its headmaster, alleging violation of the Americans with Disabilities Act ("ADA") and breach of contract. The district court granted the defendants' motion for summary judgment on the ADA claim, but allowed the breach of contract claim to proceed. [**2] After the district court denied Den Hartog's motion in limine to suppress certain evidence, a jury rendered a verdict in favor of the defendants on the contract claim. Den Hartog now appeals both the district court's grant of summary judgment on the ADA claim and its denial of his motion in limine.
We hold that the ADA allows an employer to discipline or discharge a non-disabled employee whose disabled relative or associate, because of such relative or associate's disability, poses a direct threat to the employer's workplace. Because there is no genuine dispute of fact on this record that Den Hartog's son, Nathaniel, posed such a threat to the workplace at Wasatch, we conclude that the [*1078] discharge of Den Hartog did not violate the ADA. Accordingly, we affirm.
Because this is an appeal from a grant of summary judgment, the following facts are set forth in the light most favorable to Den Hartog, the non-movant. See Kaul v. Stephan, 83 F.3d 1208, 1212 (10th Cir. 1996). All reasonable inferences from the factual record have been drawn in favor of Den Hartog.
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129 F.3d 1076 *; 1997 U.S. App. LEXIS 29792 **; 7 Am. Disabilities Cas. (BNA) 764; 1997 Colo. J. C.A.R. 2622
HOWARD DEN HARTOG, Plaintiff-Appellant, v. WASATCH ACADEMY and JOSEPH LOFTIN, Defendants-Appellees.
Subsequent History: [**1] As Corrected December 15, 1997.
Prior History: Appeal from the United States District Court for the District of Utah. (D.C. No. 94-CV-1097W). District Court Judge DAVID K. WINDER.
disability, direct threat, district court, employees, misconduct, reasonable accommodation, campus, terminated, workplace, motion in limine, disability-caused, accommodation, summary judgment, non-disabled, cases, objective evidence, mental disability, associates, alcoholic, discriminate, disorder, affirmative defense, contract claim, present case, poses, qualified individual, defendants', bipolar, provisions, entity
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