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New EEOC Publication on Employment of Health Care Workers
with
Disabilities
The U.S. Equal Employment Opportunity Commission
Monday,
Feb. 26, 2007
CONTACT: Charles Robbins
David
Grinberg
(202) 663-4900
TTY: (202) 663-4494
New EEOC
Publication Addresses Employment of Health Care Workers
with
Disabilities
Latest Q&A Fact Sheet Explains How Americans with
Disabilities Act
Applies to Employment in the Health Care
Industry
Washington, D.C. - Naomi C. Earp, Chair of the U.S. Equal
Employment
Opportunity Commission (EEOC), today announced the issuance of a
new question-and-answer (Q&A) fact sheet on the application of the
Americans with Disabilities Act (ADA) to job applicants and
employees in
the health care industry. The new publication, part
of a series of Q&A
documents about specific disabilities in the
workplace and specific
industries, is available on the EEOC's web
site at http://www.eeoc.gov/facts/health_care_workers.html.
Health
care is the largest industry in the American economy. The
health care
industry provided more than 13 million jobs in 2004
and is expected to
account for 19 percent of all new jobs created
between 2004 and 2014 -- more
than any other industry. In
addition, the health care industry has a high
incidence of
occupational injury and illness. Health care jobs may involve
potential exposure to airborne and bloodborne infectious disease,
injuries from syringes, and other dangers; many health care jobs
can
also be physically demanding and mentally stressful.
The new Q&A fact
sheet provides practical information about
applying ADA employment rules in
health care jobs, in a variety of
settings - from public and private
hospitals and nursing care
facilities to doctors' and dentists' offices and
diagnostic
laboratories. The occupations within the health care field are
many and varied, including not only physicians, surgeons, dental
hygienists and nurses, but social workers, physical therapists,
medical
records clerks, laboratory technicians, paramedics, home
health aides, and
custodial and food service workers in medical
facilities.
"We should
be mindful that disability does not mean inability, and
that every
individual deserves the freedom to compete on a fair
and level playing
field," said Chair Earp in announcing the
issuance of the new document.
"People with disabilities represent
a vast pool of untapped talent for
employers, particularly in an
industry that is growing as rapidly as the
health care industry."
Although the rules under Title I of the ADA are
the same for
employers and individuals with disabilities in all industries,
this fact sheet explains how the ADA applies to some unique
situations
that may arise in the health care setting. Many of the
real-life examples in
the fact sheet are based on cases that have
been decided by courts or
settled by the EEOC.
Topics discussed in the new publication
include:
* When someone is an "employee" covered by the ADA (as opposed
to
an 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 for ADA purposes;
* What types of reasonable accommodations health care workers with
disabilities may need and the limitations on a health care
employer's
obligation to provide reasonable accommodation;
* When an employer may
ask health care applicants or employees
questions about their medical
conditions or require medical
examinations; and
* How a health care
employer should handle safety concerns about
applicants and employees.
The EEOC's latest ADA publication helps to advance the goals of
the
New Freedom Initiative, President Bush's comprehensive
strategy for the full
integration of people with disabilities into
all aspects of American life.
The New Freedom Initiative seeks to
promote greater access to technology,
education, employment
opportunities, and community life for people with
disabilities. An
important part of the New Freedom Initiative strategy for
increasing employment opportunities involves providing employers
with
technical assistance on the ADA.
The EEOC enforces Title I of the ADA,
which prohibits employment
discrimination against people with disabilities
in the private
sector and state and local governments, and the
Rehabilitation
Act's prohibitions against disability discrimination in the
federal government. In addition, the EEOC enforces other federal
laws
prohibiting employment discrimination based on race, color,
religion,
national origin, sex, and age. Further information about
the EEOC is
available on its web site at www.eeoc.gov.
Source:
EEOC
________________________________________________________________
For
more news issues, see:
http://www.aapd.com/docs/news.php
031607
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