Home Health & Hospice Week

Industry Note:

Don't Forget Compliance With ADA Standards

False Claims Act lawsuits aren't the only employee-initiated legal actions you have to worryabout. Make sure you are adhering to labor- and human resources-related laws, or you could find yourself in the position of one Baltimore home care provider.

The Equal Employment Opportunity Commission filed an Americans with Disabilities Act-related lawsuit against Johns Hopkins Home Care Group Inc. for discriminating against an employee with breast cancer, according to The Baltimore Sun newspaper.

Ellen Fisher, an RN and case manager at Johns Hopkins since 2003, was diagnosed in 2009 and began treatments. The agency did not provide reasonable accommodations so she could continue to work as a case manager or in another position, though she had limited restrictions on her work abilities, according to the suit. When Fisher filed a discrimination charge with the EEOC, the agency subjected her to "adverse actions" and fired her, she contends.

A Hopkins spokesperson told the Sun that the agency is "proud of its long history of accommodating individuals with disabilities." Gary Stephenson, the spokesman, said, "We firmly believe our actions concerning Ms. Fisher were entirely appropriate given the circumstances and fully justified. Further, we strongly deny the allegations in Ms. Fisher's complaint and will vigorously defend our position in the courts."

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