Tag Archives: “reasonable accommodation”

“Vaccinate” Your Mandatory Flu Shot Policies Against Litigation

As we have just survived one of the worst flu seasons in recent memory, now is a good time to consider whether you should implement or revise a mandatory flu shot policy for 2018.  The Center for Disease Control and Prevention recommends all United States healthcare workers obtain annual flu vaccines.  While many healthcare employers … Continue Reading

EEOC Finds Hospital’s Leave Policy Unlawful, But Court Dismisses Nurse’s ADA Claims

A federal court in Texas has dismissed a nurse’s disability discrimination and retaliation claims because she failed to establish she was qualified to perform the duties of her position with or without reasonable accommodation even after the EEOC found the employer’s six-month cap on leaves of absence violated the American with Disabilities Act. Salem v. … Continue Reading

Discrimination and Retaliation Claims of Nurse with Night Blindness May Proceed, Federal Court Rules

Denying a nursing home’s motion for summary judgment, a federal court in Tennessee has allowed a nurse who suffered from impaired vision to proceed with her age and disability discrimination claims and a claim for retaliation. Harris v. MatureCare of Standifer Place, LLC d/b/a The Health Center at Standifer Place, C.A. No. 1:14-CV-64 (E.D. Tenn. … Continue Reading

Nurse’s Request to Use Cane in Behavioral Health Unit Not a Reasonable Accommodation, Court Rules

A nurse’s request to use a cane while working in a hospital’s behavioral health unit is not a reasonable accommodation under the Americans with Disabilities Act, a federal district court in Florida has ruled. United States Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., No. 8:13-cv-2723-T-30TGW (M.D. Fl. Feb. 18, 2015). Leokadia Bryk worked … 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
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