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Second Circuit Holds No ADA Violation When Volunteer with Autism was Fired for Sexually Inappropriate Behavior in the Workplace
December 4, 2012
In 1996, James McElwee (McElwee) began participating in a volunteer program at Valley View Center for Nursing Care and Rehabilitation (Valley View), a federally funded entity operated by Orange County, New York (the County). McElwee had been diagnosed with neurodevelopmental disorder formally classified as Pervasive Developmental Disorder – Not Otherwise Specified and informally called an autism spectrum disorder. He has an IQ in the bottom 8% of intellectual capacity, lives with his mother, and has never held a paying job.
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