Articles and Blogs

Americans with Disabilities Act

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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