Legal Question in Disability Law in Ohio

disability and accomodation for nursing examination

My wife has undergone arthroscopic surgery and is no longer able to lift patients in nursing homes. Does the state have to provide her with an accomodation if she can pass all of the other clinical parts of the exam that would qualify her as an RN.


Asked on 9/19/97, 9:26 am

1 Answer from Attorneys

Harold M. Weiner Coles & Weiner, P.C.

ADA-Reasonable Accomodation

It depends on the nursing position for which she was hired. If hired as a floor nurse, part of the job is lifting patients who cannot lift themselves; this is modified by the available support and ancillary personnel, if any, who are available on her shift for lifting.

If there are such, it is REASONABLE to accomodate her. (My opinion, not legal one.)

The difficulty is, there is no hard and fast rule. Each employer is looked at on its merits. In some situations, she would be accorded the accomodation of a post in which she did not have to lift heavy objects; in others, not.

The above preliminary discussion is not intended as legal advice. You are notified that we only give such advice in areas of law that we are fully qualified in by virtue of training and experience; that we are licensed ONLY in New York and Maine, and the Federal court system.. There is no substitute for sitting down face to face with an attorney, to protect your rights under law, and to determine your obligations. We are your attorneys only if you have entered into a written retainer agreement with the firm of Coles & Weiner, P.C. We reserve the right to reject any potential client for any reason.

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Answered on 9/20/97, 10:12 am


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