Discriminatory Business Policies Come with a Price

Medical discriminatory business policy based on disability

Going to a medical appointment routinely involves sitting or lying on specific equipment for your exam or procedure. Eye exams and surgeries are no exception, where patients are routinely shuffled from seat to seat for different tests on a variety of machines, ultimately landing in that final raised exam chair or an operating table. If you are one of the estimated 3.3 million Americans who utilize a wheelchair every day, such transitions may prove difficult.

Moving patients with mobility disabilities requires staff assistance and sometimes special accommodations. In response, the Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP) in Arizona developed a policy of requiring disabled patients to hire a third party to assist throughout their appointments. Patients and potential patients who were unable or unwilling to do so were denied services.

Cue the red flag! The Americans with Disabilities Act prevents medical providers from denying services due to a disability – and BDP and AVP are now paying the price for their discriminatory policy. To resolve the lawsuit against them, their providers and staff are required to participate in training that will educate them on how to comply with the Americans with Disabilities Act, along with proper techniques for moving patients to and from wheelchairs. But the real consequence of their discriminatory policy is the required payout of $950,000.00 to patients and potential patients who were turned away, along with a civil penalty of $50,000.00.

It is always wise to consult an attorney to be aware of what policies are and are not allowed under the Americans with Disabilities Act. If you are concerned you may not currently be in compliance, seek counsel with an attorney. Revolution Law Group is located in Greensboro, NC, and serves individuals and small businesses throughout the Triad and surrounding areas.

Revolution Law Group is located in Greensboro, NC, and serves individuals and small businesses throughout the Triad and surrounding areas. To contact us please visit Revolution.law or call 336-333-7907.

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