Q: Hospital directing family member with Asthma to treat COVID patients.
RN nurse has asthma and their usual job is in a orthopedic surgical facility. The facility has been shuddered temporarily and all nurses are reassigned to the main hospital to be placed in care of COVID-19 patients. Hospital has refused to place in a position away from contact with the patients. Discussions with management has only resulted in guidance that people who refuse the assignment will be terminated. Hospital will not allow a no work with no pay situation. They are considering turning in their notice and leaving along with losing their retirement and benefits to keep from contracting a virus that could be very deadly due to their pre-existing condition. Any recourse? I have made a suggestion of properly serving the hospital notice of her condition and they would then possibly consider a job away from the patients for fear of civil liability. Would that be a good practice?
A: The nurse could submit a request for an accommodation under the Americans with Disabilities Act, requesting that she be placed in a role allowing her to work without coming into contact with the patients. The request should be accompanied by a doctor's note explaining her condition and explaining the risk of her coming into contact with COVID-19 patients. However, if there is no such position available right now, the ADA does not require the employer to create one.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
