News & Analysis as of

Americans with Disabilities Act (ADA) › Nurses

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ Emphasizes Need for Individualized Assessments in Finding Indiana Nursing Board Violated ADA

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 25, 2022, the U.S. Department of Justice (DOJ) found the Indiana State Board of Nursing violated Title II of the Americans with Disabilities Act (ADA) when it refused to allow a nurse taking medicine prescribed to...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

Bricker Graydon LLP on

On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more

Franczek P.C.

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

Franczek P.C. on

Here’s a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs...more

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

McCarter & English, LLP

Health Law Insights Newsletter - Issue 13

McCarter & English, LLP on

McCarter & English, LLP’s Health Care Group presents Issue 13 of the Health Law Insights, which discusses the latest legal issues in the health care industry. - Failure to Update Business Associate Agreement Results in...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Protect Nurses with Restricted Licenses Due to Narcotics Abuse

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act generally prohibits discrimination against persons with disabilities or records of past disabilities. For example, an employer could not refuse to hire an applicant who has been through...more

Baker Donelson

Responding to West-African Employees who Travel to Ebola-Affected Countries - Employee Rights vs. Public Health Concerns

Baker Donelson on

Buried near the end of articles in the New York Times and The Washington Post about the first United States Ebola patient, Thomas Eric Duncan, was the observation that the quarantine being imposed on Mr. Duncan’s fiancée, her...more

Fisher Phillips

Shift Worker Rules Warrant Special Attention

Fisher Phillips on

The long-term-care industry depends on shift workers to provide patient care 24 hours per day, seven days per week. But even experienced and sophisticated employers can find the application of state and federal labor and...more

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