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Hospital Employee Seeking Remote Work During Pandemic Loses ADA Case


rss.shrm.org | Jeffrey Rhodes

Takeaway: Because of technological advances and the COVID-19 pandemic, determining whether in-person attendance is an essential function of a specific job has become much more of a case-specific inquiry.

​A radiology department director at an Indiana hospital who could not wear a mask and wanted to work remotely during the COVID-19 pandemic lost her case under the Americans with Disabilities Act (ADA). The 7th U.S. Circuit Court of Appeals recently found that she could not perform the essential functions of her job without being present to oversee her department.

St. Mary’s Health Inc., doing business as St. Vincent Hospital in Evansville, Ind., hired the plaintiff in May 2016 as the executive director of imaging services. She supervised approximately 120 radiology department employees. She was responsible for planning, administering, monitoring and evaluating the delivery of imaging services to patients.

The plaintiff did not directly provide medical services to patients, but monitored the plan for patient care services and coordinated between the radiologist, radiology staff and department leaders. She also oversaw the installation and maintenance of equipment to protect and assist patients and staff, and was required to use personal protective equipment as needed.

She was diagnosed with attention-deficit/hyperactivity disorder and anxiety disorder before she started working at the hospital. In 2017, she was diagnosed with post-traumatic stress disorder. In 2018, she…


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