Americans with Disabilities Act

Federal court: Nursing home can be sued for firing hairdresser who can no longer push wheelchair

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Is the ability to transport residents in their wheelchairs an essential function of a nursing home hairdresser? A federal appeals court says it's a valid question and is allowing a hairdresser to sue a facility that fired her.

NC nursing home reaches $35,000 settlement over charges it discriminated against disabled worker

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A North Carolina long-term care company has reached a $35,000 settlement over charges that it discriminated against a cook/dietary aide with a physical impairment, the Equal Employment Opportunity Commission announced Wednesday.

Pre-hire medical exams and screenings broke law: judge

Pre-hire medical exams and screenings broke law: judge

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A provider who conducted pre-employment medical exams and screenings acted illegally, even when it hired some of the individuals, a federal judge has ruled.

Nursing home faces liability for hundreds of workers required to go through pre-employment medical screening, federal judge rules

Nursing home faces liability for hundreds of workers required to go through pre-employment medical screening, federal judge rules

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A Pennsylvania skilled nursing provider cannot escape liability for hiring hundreds of workers after illegal medical screenings, a federal judge recently ruled.

Limiting nursing home shift to 8 hours was reasonable request, EEOC charges in discrimination suit

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A New Mexico nursing home broke federal law by not allowing an employee with health problems to limit his shifts to eight hours, the U.S. Equal Employment Opportunity Commission has charged.

Ask the legal expert ... about leave-of-absence mistakes

Ask the legal expert ... about leave-of-absence mistakes

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How can we avoid some of the most common leave-of-absence mistakes administrators/owners make?

Implementing Olmstead, one decade at a time

Implementing Olmstead, one decade at a time

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I first began attending American Health Care Association shows in the 1990s. They tended to be lively events, but not for reasons that had much to do with educational sessions, networking or the goodies being distributed in the expo halls.

Florida warehousing disabled children in nursing homes, federal lawsuit alleges

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The federal government has sued the state of Florida, alleging that hundreds of disabled children are unnecessarily living in nursing homes in the state, the U.S. Department of Justice announced Monday. The nursing home sector has been involved in efforts to ensure children receive "appropriate care in the safest and least restrictive settings," said Florida Health Care Association Executive Director J. Emmett Reed.

Government initiatives aim to decrease number of disabled people in nursing homes

Government initiatives aim to decrease number of disabled people in nursing homes

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The federal government is ramping up efforts to reduce the number of disabled people in nursing homes through interagency initiatives. While many disabled people have already been moved out of nursing homes, a sharper focus is needed because the aging of the baby boom generation will increase the number of seniors with disabilities, the Education Department said in a Federal Register article.

Assisted living facility wrongfully denied woman employment after a drug test, EEOC says

Assisted living facility wrongfully denied woman employment after a drug test, EEOC says

An assisted living facility in Oregon violated federal law by refusing to hire an applicant who used prescription medication, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission.

Court: Pregnancy was not a disability for nursing home worker

A U.S. Court of Appeals has upheld a decision to dismiss the claim of a nursing home worker who says she experienced pregnancy and disability discrimination.

Three states fail to house disabled in most appropriate settings, DOJ argues

Justice Department court briefs filed in Florida, Illinois and New Jersey allege that the states have failed to comply with the Americans with Disabilities Act and the Supreme Court's Olmstead decision, which deals with the rights of the disabled.