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 ...