Question: Wojewski was a heart surgeon with staff privileges at Rapid City Regional Hospital. He took a leave of absence based on his bipolar disorder and, upon his return, was subject to various restrictions in his work in order to ensure that he did not place patients at risk. These restrictions included meeting regularly with another physician to monitor his work, participating in therapy sessions, taking only prescribed medication, submitting to competency exams, submitting to random drug testing, taking mandatory vacations, submitting to a review of all of his cases for the past six months.
After he had an "acute episode" of his disorder during surgery, the hospital terminated his privileges and he sued based on disability discrimination under the Americans with Disabilities Act. The hospital claimed that he did not have a claim as he was not an employee. Is the hospital correct? What additional information might you wish to know to answer this question?