The U.S. Equal Employment Opportunity Commission is suing
Yale New Haven (Conn.) Hospital, alleging its policy mandating eye and
neuropsychological exams for employees age 70 or older who seek medical
privileges violates two federal antidiscrimination laws.
Yale New Haven implemented its late career practitioner policy about
four years ago. The policy requires employees 70 and older who apply for
or seek to renew staff privileges to take both medical exams. Employees
under age of 70 are not required to take the exam.
In the lawsuit, filed Feb. 11, EEOC claims that the individuals
required to be tested are singled out solely because of their age,
instead of a suspicion that their cognitive abilities may have declined.
As a result, Yale New Haven’s policy violates the Age Discrimination in Employment Act, the lawsuit says.
“While Yale New Haven Hospital may claim its policy is
well-intentioned, it violates antidiscrimination laws,” said Jeffrey
Burstein, a regional attorney for the EEOC’s New York District office.
“There are many other nondiscriminatory methods already in place to
ensure the competence of all of its physicians and other healthcare
providers, regardless of age.”
In addition, the EEOC charges that the policy also violates the
Americans with Disabilities Act because it subjects employees to medical
examinations that are not job-related.
“Yale New Haven Hospital’s late career practitioner policy is
designed to protect our patients from potential harm while including
safeguards to ensure that our physicians are treated fairly,” a Yale New
Haven spokesperson told Becker’s. “The policy is modeled on
similar standards in other industries and we are confident that no
discrimination has occurred and will vigorously defend ourselves in this
matter.”
https://www.beckershospitalreview.com/legal-regulatory-issues/yale-new-haven-hospital-sued-over-exam-policy-for-employees-70-years.html
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