We have keyed in a lot lately on the EEOC’s targeting of health care providers for violating the Americans with Disabilities Act (“ADA”) — perhaps it is the way that such lawsuits play to the public, with employers dedicated to helping the sick and disabled firing disabled employees.
A new suit by the EEOC alleges that a Florida hospital violated the ADA by denying the request of a doctor with epilepsy for the accommodation of a schedule change.
The complaint charged that the doctor “suffered fatigue that led to recurring epileptic seizures as a result of being required to regularly work 9-1/2 to 12 hours a day. … [she] was hired with the understanding that she would not be required to exceed an eight-hour work day. … [her] job duties included assisting and attending to patients, [and d]epending on the number of surgeries in a day, her schedule could start as early as 5 a.m. and end about 5 p.m.”
Health care providers must be extra vigilant when it comes to disabled employees – the EEOC may be looking!