Disability Discrimination Manifest in Healthcare
Disability discrimination manifests in a number of ways in healthcare. In addition to the obvious examples of direct discrimination, such as when a health care provider refuses to accommodate a patient’s needs during an illness, there are also cases where disability discrimination can occur in indirect forms. Indirect disability discrimination occurs when a practice, policy or rule puts someone with a disability at a disadvantage but could be changed to prevent it from occurring. For example, a council’s decision to only share consultation leaflets in hard copy rather than in an accessible format may indirectly discriminate against a person with a visual impairment.
Federal nondiscrimination laws protect people with disabilities from discrimination in healthcare settings, such as hospitals, doctor’s offices and private practices. They also prohibit discrimination in state and local government-run services, programs and activities, such as recreational centers. These laws are enforced by the Equal Employment Opportunity Commission (EEOC), and they are broken down into sections known as titles. Title I covers requirements for employers, while the other titles cover discrimination in a variety of situations and entities, including local governments, school systems and social services agencies.
Under the ADA, an individual with a disability discrimination is defined as any person who has a physical or mental impairment that substantially limits one or more major life activities. This includes conditions like autism, cerebral palsy, muscular dystrophy, epilepsy, HIV/AIDS and other medical conditions such as heart disease and diabetes. It also covers individuals who are believed to have a disability, even though they don’t have a current diagnosis or documentation of an impairment.
How Does Disability Discrimination Manifest in Healthcare?
To determine whether a person’s disability qualifies them under the ADA, employers must conduct an informal, interactive process with the person seeking accommodation. The process must identify the limitations resulting from the person’s disability and consider possible effective accommodations that would overcome those limitations. An employer doesn’t have to make expensive structural alterations or reassign jobs to accommodate an employee or applicant with a disability law, but it must reassess an employee or applicant’s ability to perform the job if the person rejects an offered accommodation.
An employer isn’t required to pay for an employee or applicant’s accommodation if it is available from another source at no charge, and the cost wouldn’t cause undue hardship. Employers aren’t required to appoint a healthcare professional to give an opinion on whether an employee or applicant with a disability can perform the job unless this person is licensed to diagnose and assess the disability, has actual knowledge of the person’s abilities and limitations, and is capable of providing an objective evaluation.
If you’re experiencing disability discrimination in healthcare or if you think that others are violating the ADA, it’s important to consult with a lawyer. An experienced attorney can help you understand your rights and options. Contact us online or call our office to arrange a free case evaluation with an experienced New York disability discrimination lawyer. We represent clients throughout New York City, including Brooklyn, Manhattan, Staten Island and Queens, as well as in Nassau County and Suffolk County.