By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On February 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) sued Yale-New Haven Hospital (YNNH), accusing the university’s hospital of discriminating against older doctors. The lawsuit was filed in the U.S. District Court for the District of Connecticut, accusing the teaching hospital of the Yale School of Medicine of violating federal anti-discrimination laws. The hospital allegedly violated federal law by adopting and implementing a discriminatory “Late Career Practitioner Policy,” according to the complaint filed by EEOC officials.
Yale’s Late Career Practitioner Policy.
The EEOC stated that it appeared that Yale violated federal laws by forcing physicians over age 70 to take neuropsychological and eye exams in order to gain or keep their medical staff privileges. Younger doctors were not subject to this “Late Career Practitioner Policy,” the EEOC claimed.
By subjecting doctors, dentists, and podiatrists to screening evaluations based solely on their age, without regard to any particular suspicion about their mental ability or eyesight, the hospital’s policy violates the Age Discrimination in Employment Act (ADEA), the EEOC alleges in its complaint. You can view the complaint in full on our website.
Additionally, the suit alleges that the policy violates the Americans with Disabilities Act (ADA), which specifically prohibits subjecting employees to medical examinations that are not job-related and consistent with business necessity.
The EEOC is seeking compensatory and punitive damages and injunctive relief against Yale, which includes the elimination of the policy, according to its press release. Read the full statement and press released issued by the EEOC here.
To read about a similar case dealing with an age discrimination suit among nurses, click here to read my prior blog.
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Sources:
Stawicki, Kevin. “EEOC Sues Yale Hospital For Making Older Docs Take Tests.” Law360. (February 11, 2020). Web.
“EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination.” JD Supra. (February 12, 2020). Web.
Steinberg, Julie. “EEOC Sues Yale New Haven Hospital for Age Bias Over Exam Policy.” Bloomberg Law. (February 11, 2020).
Stempniak, Marty. “Yale accused of age discrimination for subjecting older radiologists, other docs to competency testing.” Radiology Business. (February 12, 2020). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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