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Health Care Disability Discrimination

The Americans with Disabilities Act was passed because people with disabilities have one of the highest unemployment rates in the United States.  If EEOC cases are an indicator, health care and medical providers, such as nursing homes, hospitals, and managed care facilities, are among the greatest perpetrators of disability discrimination.

The EEOC settled a case earlier in 2017 against an Arizona support services company that allegedly had a practice of firing employees with disabilities who needed extended leave or reassignment rather than providing them with reasonable accommodations as required by the ADA.

In August, the Dependable Health Services health care staffing agency was sued by the EEOC for allegedly firing an employee suffering from sickle-cell anemia, and last year they sued an Arkansas hospital who fired an employee who had a seizure and asked to be moved to another position that involved indirect patient care or a leave of absence until she recovered.

In late 2015, the EEOC settled a case against a nationwide dialysis provider who fired a nurse with breast cancer and then refused to rehire her because she requested more medical leave to continue her chemotherapy treatment.  

The health care industry must be especially vigilant when it comes to disability discrimination because the EEOC is active in pursuing such discrimination cases.