Articles and Blogs

ADA

Sixth Circuit Rules “Smoking Gun” Email May Show Employee “Regarded As” Disabled Was Fired Under False Pretext

[11/21/19]

Posted on November 21, 2019 in HR Insights for Health Care, Litigation Analysis

Published by: Hall Render

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer... READ MORE

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Future Impairments Caused by Obesity Not Covered by ADA

[11/01/19]

Posted on November 1, 2019 in HR Insights for Health Care

Published by: Hall Render

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE

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Seventh Circuit: Obesity Alone Is Not Protected Under the ADA

[07/09/19]

Posted on July 9, 2019 in HR Insights for Health Care

Published by: Hall Render

On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth and Eighth Circuits in determining that without evidence of an underlying physiological disorder, a plaintiff’s weight does not qualify as a disability under the Americans with Disabilities Act (“ADA”). In the Seventh Circuit case Richardson v. Chicago... READ MORE

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Consider Website and Other Technology Accessibility Obligations to Better Serve Your Community and Avoid Litigation and Loss of Federal Funding

[03/01/19]

Posted on March 1, 2019 in Health Information Technology

Published by: Hall Render

Health care providers are increasingly relying on technology to market, communicate with and otherwise provide services to their community, such as information about services provided on the website, patient portals, check-in kiosks and mobile applications. In using technology to communicate with patients and the larger community, it is important to remember the importance of... READ MORE

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EEOC Challenges Return-to-Work Policies Under the Americans with Disabilities Act

[11/29/17]

Posted on November 29, 2017 in HR Insights for Health Care

Published by: Hall Render

Another Reason to Review Your Medical Leave of Absence Policies and Practices The U.S. Equal Employment Opportunity Commission (“EEOC”) has long maintained that inflexible leave of absence policies violate the Americans with Disabilities Act (“ADA”). One national employer (an airline and one of its regional carriers) recently entered into a 35-page consent decree with... READ MORE

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EEOC Resource Documents on Transgender Employee Bathroom Access and Leaves of Absence for Employees with Disabilities

[05/12/16]

Posted on May 12, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published resource documents on two hot topics in the labor and employment world: bathroom access for transgender employees and leaves of absence for disabled workers. The EEOC notes that its resource documents do not create new policy, are not voted on by the Commission and are... READ MORE

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EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs

[04/21/15]

Posted on April 21, 2015 in HR Insights for Health Care

Written by: Calvin R. Chambers

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on... READ MORE

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Telecommuting: A Reasonable Accommodation? Not Necessarily

[04/21/15]

Posted on April 21, 2015 in HR Insights for Health Care

Written by: Mary Kate Liffrig

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by... READ MORE

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Supreme Court Revives Pregnant Worker’s Discrimination Claim

[03/26/15]

Posted on March 26, 2015 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

Yesterday, March 25, 2015, the U.S. Supreme Court published its long-awaited opinion in the case of Peggy Young v. United Parcel Service. The issue in this case was whether an employer must reasonably accommodate a pregnant worker as it does other workers who are not pregnant. The Court vacated the Fourth Circuit’s decision affirming summary... READ MORE

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Jury Awards $2.6 Million to Pharmacist with “Needle Phobia”

[01/28/15]

Posted on January 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Have you ever heard of trypanophobia? If not, it means a fear of needles, which, in this case, resulted in a jury verdict of $2.6 million to a Rite Aid pharmacist whose fear of needles prevented him from giving flu shot immunizations as a required part of his job. Is “Needle Phobia” an ADA... READ MORE

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