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Den Hartog v. Wasatch Academy

Den Hartog v. Wasatch Academy

United States Court of Appeals for the Tenth Circuit

October 28, 1997, Filed

No. 96-4040

Opinion

 [*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.

BACKGROUND

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.

Disposition: AFFIRMED.

CORE TERMS

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

Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment Review, General Overview, Standards of Review, Summary Judgment, Entitlement as Matter of Law, Labor & Employment Law, Regulators, US Equal Employment Opportunity Commission, Business & Corporate Compliance, Protection of Disabled Persons, Americans With Disabilities Act, Enforcement Actions, Civil Rights Law, Scope, Disabilities Under ADA, Mental & Physical Impairments, Major Life Activities, Substantial Limitations, Discrimination, Disability Discrimination, ADA Enforcement, Scope & Definitions, Employment Practices, Evidence, Burdens of Proof, Employee Burdens of Proof, Discharges & Failures to Hire, Labor & Employment Law, Accommodation, Covered Entities, Reasonable Accommodations, Industry Practices, Unfair Business Practices, Discrimination, Burden Shifting, Discriminatory Conduct, Alcohol & Drug Abuse, Qualified Individuals With Disabilities, Governments, Courts, Rule Application & Interpretation, Defenses, Business Necessity, Defenses, Alcohol & Drug Use, Direct Threats, Undue Hardship, Wrongful Termination, Public Policy, Workplace Violence, Criminal Law & Procedure, Crimes Against Persons, Terrorism, Employment Relationships, At Will Employment, Definition of Employers, Medical Inquiries, Public Health & Welfare Law, Mental Health Services, Commitment, Abuse of Discretion, Pretrial Matters, Motions in Limine