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Published on: September 30, 2020
Disability and accommodation in the healthcare workplace
Robert R Niccolini1, Nina Basu
1Office of McGuireWoods LLP, Baltimore, USA. rniccolini@mcguirewoods.com
Healthcare employers face new challenges complying with the Americans with Disabilities Act (ADA), especially after the ADA Amendments Act (ADAAA) expanded disability definitions. This guide helps understand ADAAA
Area of Science:
- Employment Law
- Disability Rights
- Healthcare Compliance
Background:
- Healthcare employers navigate complex compliance with the Americans with Disabilities Act (ADA).
- Accommodating employees in physically demanding roles while ensuring patient safety presents unique challenges.
- The ADA Amendments Act of 2008 (ADAAA) significantly broadened the definition of disability, impacting employer obligations.
Purpose of the Study:
- To analyze the impact of the ADAAA on healthcare employers.
- To provide guidance on navigating federal disability discrimination laws post-ADAAA.
- To help employers and legal counsel understand evolving ADA compliance requirements.
Main Methods:
- Analysis of the ADAAA's statutory language.
- Review of relevant case law under the ADA.
- Examination of guidance from the Equal Employment Opportunity Commission (EEOC).
Main Results:
- The ADAAA expands the definition of 'disability,' potentially increasing employer responsibilities.
- Supreme Court decisions favorable to employers have been legislatively reversed by the ADAAA.
- The full impact of the ADAAA on healthcare employment practices is still unfolding.
Conclusions:
- Healthcare employers must adapt to the broader scope of disability under the ADAAA.
- Understanding ADAAA provisions and EEOC guidance is crucial for compliance.
- Proactive legal counsel and policy review are essential for managing disability discrimination risks.
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