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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
Source: Lexology

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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http://www.lexology.com/library/detail.aspx?g=ae2f59b5-5b94-47a4-89b1-2380a4d328bc


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