Bloomberg Law
March 4, 2022, 6:29 PM

Yale Lacks Proof Testing Older Doctors Aided Safety, EEOC Says

Patrick Dorrian
Patrick Dorrian

Yale New Haven Hospital Inc. admitted it lacks evidence its policy subjecting doctors who are 70 or older to eye and neuropsychological exams increases patient safety, a concession that’s fatal to its business necessity defense in the EEOC’s disability bias lawsuit, the agency told a federal judge.

That medical exams that would otherwise violate the Americans with Disabilities Act are job-related and consistent with business necessity can be a valid affirmative defense, the Equal Employment Opportunity Commission said.

But the hospital’s corporate representative testified during a deposition that evidence its Late Career Practitioner Policy has prevented harm to any patients ...

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