Abstract

https://ssrn.com/abstract=2770574
 


 



The Health Care Workforce: How to Understand Accommodations


Leslie P. Francis


University of Utah - S.J. Quinney College of Law

Anita Silvers


San Francisco State University - Department of Philosophy

2016

Journal of Health Law & Policy Vol. 9(1) (2015)

Abstract:     
The celebrations of the twenty-fifth anniversary of the ADA have sounded the somber note that people with disabilities continue to be under- and unemployed in disproportionate numbers. Health care — because it represents nearly 20% of GDP, is to some extent funded by pooled resources, and is familiar with disabilities and accommodations for them — ought to be an industry at the forefront of disability employment. Yet it is not; and in this article we document some of the reasons why. Health care employers are too likely to engage in stereotyped assessments of the ability of people with disabilities to perform essential job responsibilities or judgments of the likelihood that an employee poses a direct threat to patient safety — and courts are too likely to defer. Refusals by training programs to make accommodations adversely affect the pipeline of eligible workers. Deploying an account of reasonable accommodations as a civil right, we suggest strategies for individualized assessment to counter these barriers.

Number of Pages in PDF File: 32


Open PDF in Browser Download This Paper

Date posted: April 27, 2016  

Suggested Citation

Francis, Leslie P. and Silvers, Anita, The Health Care Workforce: How to Understand Accommodations (2016). Journal of Health Law & Policy Vol. 9(1) (2015). Available at SSRN: https://ssrn.com/abstract=2770574 or http://dx.doi.org/10.2139/ssrn.2770574

Contact Information

Leslie P. Francis (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
383 S. University Street
Salt Lake City, UT 84112-0730
United States

Anita Silvers
San Francisco State University - Department of Philosophy ( email )
1600 Holloway Avenue
San Francisco, CA 94132
United States
Feedback to SSRN


Paper statistics
Abstract Views: 110
Downloads: 27