Frank Morris Jr. Quoted in Article About EEOC

Frank C. Morris Jr., with Epstein Becker & Green PC, Washington, said he sees other, though related, scenarios that could play out in the health care provider context that are driven by the need for these employers to reduce costs and minimize risks. ''Issues involving the reasonable accommodation of mental and intellectual disabilities in the health care setting, for example, carry with them complex risk and cost considerations that do not arise in many other settings,'' he said.

''Is it a reasonable accommodation to place a 'treated and recovered' prescription drug diverter back in a situation where they are responsible for managing or administering drugs to patients'' he asked. ''For most provider employers the determination of what is 'reasonable' in the ADA context will require a balancing of costs and risks, such as malpractice exposure, not faced by other employers,'' he added.

''While the ADA regs do not necessarily break new ground in this area, they do get the 'reasonable accommodation' issue front and center in cases where, historically, an ADA claim might have foundered on a failure by the plaintiff to demonstrate a covered disability,'' Morris said.