Judge Frederick Stamp
Davitt began work with the Rockland County Department of Mental Health in 1991. Initially working in the inpatient psychiatric unit, he later became a substance abuse counselor. As discipline for a patient complaint, he was to be transferred back to the inpatient unit. Davitt allegedly feared for his physical, mental and emotional safety if transferred. At an Article 72 hearing a hearing officer found him unable to perform essential job functions. In March 2009 Davitt provided a doctor’s letter deeming him in good physical and mental health and able to perform all the duties of a substance abuse counselor. The court granted defendant county judgment dismissing Davitt’s complaint alleging discrimination due to a perceived psychological or emotional illness, violating the Americans with Disabilities Act. Defendant did not learn of any supposed mental or emotional issues as to Davitt’s ability to work in the inpatient facility until after it reassigned him to that unit, and he refused to report for work there. Further, because Davitt admitted that his claimed impairment only restricted his ability to perform one positionthat of a counselor within the inpatient unitthat claimed impairment could not serve as a "disability" under the ADA.
