LaConte L
Heyl, Royster, Voelker & Allen, Peoria, USA.
J Health Law. 2001 Winter;34(1):67-103.
This Article examines the extent to which private hospital are liable for discrimination against medical staff members with disabilities, under the Americans with Disabilities Act ("ADA"). Specifically, the discussion focuses on the ways in which Title I, covering employment relationships, and Title III, covering places of public accommodation, apply to hospitals and their medical staff physicians. With respect to Title I, the author focuses on possible liability with respect to independent contractor physicians who have staff privileges at a hospital. The focus with respect to Title III involves claims filed by physicians against hospitals as places of public accommodation. The author concludes that the courts have applied the ADA in a manner broader than intended by Congress, and that private hospitals should assume that both Title I and Title III are applicable to staff privilege decisions. Therefore, any action that adversely affects a disabled physician should be supported by well-documented, objective evidence of a nondiscriminatory reason for that action.
本文探讨了根据《美国残疾人法案》（“ADA”），私立医院在多大程度上应对歧视残疾医护人员负责。具体而言，讨论集中在涵盖雇佣关系的第一章和涵盖公共住宿场所的第三章如何适用于医院及其医务人员。关于第一章，作者重点关注在医院享有员工特权的独立承包商医生可能面临的责任。关于第三章的重点则是医生针对作为公共住宿场所的医院提起的索赔。作者得出结论，法院对《美国残疾人法案》的适用方式比国会预期的更为宽泛，私立医院应假定第一章和第三章均适用于员工特权决策。因此，任何对残疾医生产生不利影响的行动都应有充分记录的、客观的非歧视性理由作为支撑。
