Bekker v. Humana Health Plan, Inc.

Dr. Stephanie Bekker (plaintiff) worked as a physician for Humana Health Plan, Inc. (Humana) (defendant). Over the course of Bekker’s employment, a number of patients and Humana employees reported smelling alcohol on Bekker’s breath while she was treating patients. In 1995, Bekker underwent an evaluation and treatment by a substance-abuse specialist, who did not diagnose Bekker with alcohol abuse. In 1996, after another patient complaint, Bekker was suspended, and Humana conducted an investigation during which numerous patients and Humana employees told investigators that they had often smelled alcohol on Bekker’s breath and noticed that she had glassy eyes and that her face was flushed when the odor was present. Bekker denied drinking at work or before work, and the investigation found no evidence that Bekker drank at work. The abuse specialist told the investigator that Bekker met the criteria for alcohol abuse and that Bekker drank heavily the night before work, with the effects persisting into the next day. The specialist recommended that Bekker refrain from practicing medicine and enter into rehab. Humana fired Bekker. According to Humana, Bekker was fired because Humana believed that she was an alcoholic and presented risks to her patients. Bekker sued Humana for discrimination under the Americans with Disabilities Act (ADA), arguing that she had been terminated on the basis of the perceived disability of alcoholism. The district court granted summary judgment to Humana. Bekker appealed.