The Ever-Spreading Rash of Claims Against Health Care Entities for Discrimination Against the Disabled & the Best Defenses

November 13, 2018
Fox Rothschild
Fox Rothschild LLP

Plaintiffs are filing an increasing number of claims against health care entities alleging discrimination against the disabled. Although employee disability claims are nothing new, health care entities (hospitals, health centers, doctors and others) are facing a growing number of non-employee claims alleging discrimination by the health care organization as a place of public accommodation. Presenters Ernest Badway and Jason Jendrewski will explore the types of claims being brought, how to prevent them and the best defenses.

Topics will include:

  • Disability discrimination and the various bases upon which patients and visitors can bring claims
  • How the Americans with Disabilities Act may be involved if you perform construction at your facility or office
  • Ramps/lifts/signs and other access challenges
  • Language in engineer/architect contracts to protect your organization
  • Your duty to ensure the blind and disabled can use your website (hundreds of claims have been filed in 2018 in NY state alone, alleging websites are not accessible to the disabled)
  • Guidelines for website design to protect against lawsuits by the disabled claiming inability to use
  • Extra burdens placed on health care entities/places of public accommodation in New York as compared to other states
  • Special issues under New York City law