Disability and accommodation in the healthcare workplace.
Employers in the healthcare industry face unique challenges regarding compliance with the Americans with Disabilities Act (ADA). Healthcare employers must reasonably accommodate employees in complex and often physically challenging positions, while ensuring safe and effective patient care. These challenges have become even more difficult with the recent passage of the ADA Amendments Act of 2008 (ADAAA), which significantly expands the definition and scope of "disability" under the ADA, and legislatively reverses several key Supreme Court decisions favorable to employers. Although the ultimate impact of the ADAAA remains to be determined, this article will help employers and their counsel understand how federal disability discrimination laws may affect their businesses going forward, with an analysis of the language of the ADAAA, case law under the ADA, and guidance from the Equal Employment Opportunity Commission (EEOC).
Niccolini
Robert R
RR
Office of McGuireWoods LLP, Baltimore, USA. rniccolini@mcguirewoods.com
Basu
Nina
N
D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D004651:Employment / Q000331:legislation & jurisprudence*; D006268:Health Facilities / Q000331:legislation & jurisprudence*; D006801:Humans; D014481:United States