Bosshard v. Hackensack University Medical Center

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 1, 2001

Plaintiff, Diane Bosshard, sued her employer, defendant Hackensack University Medical Center (“HUMC”), and two of her supervisors, defendants Lisa Oldham and Diane Moslowski, after she was discharged from employment. Her primary claims were based on the handicap provisions of the Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 to -42. She alleged that she was unlawfully discharged because of her addiction to heroin, despite her successful completion of a drug rehabilitation program, and because of a hearing impairment, for which no accommodation had been provided. She also asserted that dismissal of a hearing-impaired employee for past addiction to heroin after the employee had successfully completed a drug rehabilitation program violated public policy. Her other claims were: intentional infliction of emotional distress, fraud, and breach of contract. Defendants resisted plaintiff’s legal theories as either unsound or unsupported by evidence and maintained that the case involved nothing more than Bosshard’s dismissal for altering medical records in violation of hospital policy. The Law Division dismissed some counts of the complaint for failure to state a cause of action and granted summary judgment on the rest. Plaintiff appeals.*fn1 We affirm.

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