EEOC Issues Question-and-Answer Fact Sheet For Healthcare Employers
Every day, healthcare employers must make difficult determinations regarding how to handle workers who have physical and psychological health issues. The Equal Employment Opportunity Commission (EEOC) has just issued a Question-and-Answer Fact Sheet addressing many of the issues raised in managing disabled workers in the healthcare industry.
In this Fact Sheet, the EEOC addresses a wide variety of topics involving the Americans with Disabilities Act (ADA), including the following:
- who is disabled;
- how to determine if a disabled applicant or employee is “qualified” under the ADA;
- the types of reasonable accommodations to consider; and
- safety concerns with disabled workers.
The Question-and-Answer Fact Sheet can be accessed here.
It is important to remember that this Fact Sheet is not binding law that a court is obligated to follow. Courts, however, may use the Fact Sheet as guidance in deciding cases. This Fact Sheet may be helpful to your organization in deciding how to handle a worker who has physical or psychological health issues that may rise to the level of a disability under the ADA.
Finally, the ADA is an extremely fact-sensitive law, so it is critical to weigh each situation that may implicate the ADA on a case-by-case basis. If you have questions about this advisory, please feel free to contact David Skidmore at (513) 651-6185 or email@example.com or anyone in the Labor and Employment Department at Frost Brown Todd.