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).

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