Tag Archives: ADA

Are You Accessible In Cyberspace?—Healthcare Is Not Immune From the Latest ADA Title III Trend

Public accommodation lawsuits under Title III of the Americans with Disabilities Act (ADA) have been around for years, but traditionally involve physical barriers such as narrow parking spots or access aisles, lack of elevators, and inaccessible restrooms.  Increasingly, these lawsuits are not just confined to brick-and-mortar accommodations, but involve cyberspace.  For example, individuals who are … Continue Reading

Navigating the Waters of Late Age Physician Testing

Rheumatologist Ephraim Engleman practiced medicine until he died at age 104 in 2015. Although Dr. Engleman’s story is atypical, as our colleagues who attended the American Health Lawyers Association’s 2018 Physicians and Hospitals Law Institute reported, and the Association of American Medicine Medical College’s November 2017 State Physician Workforce Data Report confirms, an increasing number … Continue Reading

Pre-Suit ADA Requirements Not Satisfied by Nurse’s Assistant’s Initial EEOC Charge, Intake Questionnaire, or Amended Charge

A certified nurse’s assistant cannot pursue a disability discrimination claim under the Americans with Disabilities Act because she failed to exhaust her administrative remedies, the U.S. District Court for the Eastern District of Tennessee ruled in Davenport v. Asbury Inc., No. 3:12-CV-00445 (E.D. Tenn. Mar. 29, 2013).  Under the ADA, a claimant must file a … Continue Reading

Regular Attendance is Essential Function of ICU Nurse Post; Request for Unlimited Absences Unreasonable

Healthcare employers – we thought you may be interested in this 9th Circuit decision addressing the request of an ICU neo-natal nurse to “opt-out” of the employer’s unplanned absence policy as an accommodation.   A summary of the opinion is available on Jackson Lewis’ Disability, Leave and Health Management blog at http://www.disabilityleavelaw.com/.  … Continue Reading

In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules

On-site health clinics, occupational health clinics, and in-house physicians can be attractive options for businesses that take a comprehensive approach to disability and leave management. However, as one federal district court makes clear, employers need to be mindful of the workplace law risks. This case involves one of those risks – the ADA and its … Continue Reading
LexBlog