EEOC Publishes Fact Sheet on Application of
ADA to Health Care Employees and Job Applicants

Bricker & Eckler LLP
February 2007

The Equal Employment Opportunity Commission on February 26, 2007 released Questions and Answers about Health Care Workers and the Americans with Disabilities Act, a question-and-answer fact sheet on how the Americans with Disabilities Act applies to job applicants and employees in the growing health care industry.

The publication was prepared as a response to the high incidence of occupational illness and injury in the health care industry and to the fact many health care jobs are physically demanding and mentally stressful.

The EEOC notes that, although rules under Title I of the ADA are the same for employers and individuals with disabilities in all industries, "the fact sheet is intended to explain how the act applies in 'unique situations that may arise in the health care setting'." Many of the examples are based on cases that have been decided by the courts or settled by EEOC, the commission said.

Among the topics discussed in the fact sheet are: "employee" versus independent contractor; when someone is an "individual with a disability" under the ADA; how to determine if a health care applicant or employee with a disability is "qualified" under the act; reasonable accommodation; when an employer may ask applicants or employees about their medical conditions or require medical exams; and how a health care employer should handle safety concerns about applicants and employees.