|Nov. 1, 2010 | www.fisherphillips.com|
Generally, employees have not been successful in trying to bring class actions under the Americans with Disabilities Act (ADA). The reason is that – unlike Title VII or the Age Discrimination in Employment Act – it's not enough for an employee to belong to a protected class. Under the nondiscrimination provisions of the ADA, an employee must be a "qualified individual with a disability." Determining whether the class members are all qualified generally forecloses treating them as a class.
Work in the healthcare industry is unpredictable, and patient care is provided 24 hours a day, seven days a week. Ceiling leaks, staff illnesses, and patient emergencies can't be contained to the normal day-time work hours. As a result, many employers have on-call policies and procedures that allow them to effectively respond to off-hours demands.