About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

20 Rev. Litig. 623 (2000-2001)
Four Emerging Issues in Americans with Disabilities Act Litigation Involving Hospitals and Other Health Care Providers

handle is hein.journals/rol20 and id is 641 raw text is: Four Emerging Issues in Americans with Disabilities Act Litigation Involving Hospitals and Other Health Care Providers Curtis D. Edmonds* Table of Contents I. INTRODUCTION ....................................................................... 623 II. REASONABLE ACCOMMODATION ISSUES ................................ 625 A. Difficulty Lifting Patients ............................................... 625 B. Attendance and Scheduling Issues .................................. 631 C. Job Reassignm ent ............................................................ 636 D . Job Restructuring ............................................................. 638 III. DIRECT THREAT ISSUES ......................................................... 640 IV. EFECTIVE COMMUNICATION ISSUES ..................................... 648 V. TITLE III EMPLOYMENT ISSUES: MENKOWTZ V. POTTSTOWN MEMORIAL HOSPITAL .............................................................. 651 V I. CONCLUSION .......................................................................... 653 I. Introduction The Americans with Disabilities Act of 1990 (ADA)' was passed to combat discrimination against people with disabilities in a wide range of areas, including employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services.2 The ADA provides specific directions to employers, communications entities, and transportation providers, among others, on how to best accommodate citizens with disabilities.3 However, nothing in the ADA, and little in its implementing regulations, specifically directs health care providers * Member, State Bar of Texas. J.D., University of Texas School of Law, 1994; B.A., Baylor University, 1990. The author wishes to thank the Disability Issues Committee of the State Bar of Texas for its assistance in preparing this Article. 1. 42 U.S.C. §§ 12101-12213 (1990). 2. Id. § 12101(a)(3). 3. Id. § 1210(b).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most