Nurse Reporter Fall 2008 - Wyoming State Board of Nursing

Legal Rights for Nurses with DisabilitiesMarcia L. Dale, RN, EdD, FAANThe first legal movement to helppeople with disabilities was the passageof the Rehabilitation Act of 1973. Thiswas followed by the Americans withDisabilities Act of 1990. These two lawsgave nurses weapons with which to fightdiscrimination against practices that keptthem from obtaining or keeping employment.“The Rehab Act prohibits discriminationagainst individuals with anyhandicap by any entity receiving federalfunding. Thus, any healthcare employerreceiving Medicare payments or that is inany way connected to the federal governmentor federal funding is covered underthis law” (Matt, 2006, p. 1). Employersare required to make reasonable accommodationsfor qualified applicants withdisabilities. This means that a nurse whohas the skills, experience, and educationcalled for in an available position, with orwithout reasonable accommodation, maybe considered qualified. But, “for an individualto be protected by the Rehab Actand the ADA, they must have a physicalor mental impairment that substantiallylimits one or more major life activity”(Matt, 2006, p. 3).Reasonable accommodation must beinitiated by the nurse. It might be assimple as making the facility accessible orit might be job restructuring to part-time,modifying equipment, or the provisionof a reader or interpreter. It all mustbalance out in cost versus benefit to theemployer and employee (Lyons, 1995).Lyons. V. (1995). Legal Aid Society.Maheady, D. C. (2006) Leave NoNurse Behind: Nurses Working with disabilities.New York: iUniverse, Inc.Matt, S. B. (2006). Reasonableaccommodation: Legal protectionfor nurses with disabilities in In D.C.Maheady, Leave no nurse behind: Nursesworking with disabilities (pp. 1-7). NewYork: iUniverse, Inc.Ad Space Available10 W y o m i n g N u r s e R e p o r t e r