Exclusion Due to Disability in the Medical Office

Most positions in the allied health and healthcare industry are conditioned on the applicant passing a medical examination (the so called pre-employment physical). 

If a job requirement excludes a healthcare worker, including a medical assistant working under the direct supervision of a doctor, from a position due to a disability, the requirement must be job-related and consistent with business necessity. Some requirements will obviously meet this standard, such as licenses required by state and/or local governments for doctors and other healthcare professionals. In other instances, however, an employer may need to consider whether the standard that is excluding an individual with a disability from employment accurately predicts the individual’s ability to perform the job’s essential functions. For example, a medical assistant in a wheel chair could work in the front desk reception area.

Many states and localities have disability and anti-discrimination laws and agencies responsible for enforcing those laws. A leading national health care staffing firm in Pittsburgh, PA violated federal law by withdrawing an offer of employment to a certified nursing assistant because she was HIV-positive. The U.S. Equal Employment Opportunity Commission (EEOC) charged the firm with discrimination in a lawsuit.

In EEOC v. LA Weight Loss (D. Md. Dec. 1, 2008) , EEOC alleged that a chain of weight loss counseling centers with facilities in 21 states had a company wide policy of refusing to hire men into the positions of medical assistant, trainer, sales counselor and various management positions.

Both applicant flow and census data showed that men were not hired consistent with their availability and employees were told by managers that defendant was not interested in hiring men because management believed that female clients responded better to female counselors.

Healthcare job applicants, or hired employees, who believe that their employment rights have been violated on the basis of disability by a private sector, state government, or local government can file a Charge of Discrimination proceeding with the U.S. Equal Employment Opportunity Commission (EEOC). The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

EEOC

EEOC refers to these agencies as “Fair Employment Practices Agencies" (FEPAs). Individuals may file a charge with either the EEOC or a FEPA. If an Americans with Disability (ADA) charge filed with the EEOC is also covered by a state or local disability discrimination law, the EEOC will “dual file” the charge with the FEPA but usually will retain the charge for investigation.

Source:Questions and Answers about Health Care Workers and the Americans with Disabilities Act http://www.eeoc.gov/facts/health_care_workers.html

Healthcare Occupations Demands and Hazards

To safely and efficiently perform work related duties the healthcare worker must be able to physically and mentally satisfy the requisite skills and be able to perform required job related duties with or without reasonable accommodations. This is why so many employers require job applicants to pass a so called pre-employment physical examination before being granted the desired position. 

Essential functions which the healthcare worker must be able to perform are based on factors such as education and job-related work experience, the reason for the position, the number of other employees available to perform the same duties, or among whom the function can be shared, and the degree of expertise or skill required to perform the duties.

OSHA and NIOSH

It is not uncommon for healthcare workers hold more than one part-time job, of which each one comes with unique challenges and and its own set of health hazards. Healthcare workers, especially nurses, clinical laboratory workers and medical assistants face unique situations at work of which some may pose health and safety concerns.

Twenty-five states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these States adopt standards that are identical to Federal OSHA, however, some States have adopted different standards applicable to this topic or may have different enforcement policies.

Medical office and healthcare facility workplace settings typically involve direct patient care with invasive procedures, exposure to body fluids, handling bio-hazardous materials in a fast-paced setting. Errors and oversights due to the demanding nature of their duties may result in health or safety consequences, however, Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) are there to oversee and enforce the safety of workers in healthcare.

Where Medical Assistants Work

Over 819,000 practicing physicians, hospitals and clinics heavily depend on their medical assistants. Neither doctors, nor nurses are taught the business side of things in medical school and rarely do they want to be involved with that aspect of running the practice, this is where the medical office manager and administrative medical assistant comes into play.

Doctors and nurses appreciate their medical assistants so much so that many have openly stated that they cannot imagine their medical office functioning without them:

About 62 percent of medical assistants work in offices of physicians. Some medical assistants are trained on the job, but many complete 1-year or 2-year programs, however, it must be said, medical assistants are NOT nurses, physician assistants, nor doctors and never pose or practice as such.

Understanding the medical assistant's training requirements and employer expectations gives you an edge when seeking jobs:
A medical assistant can be trained on the job, however, most acquire their skills by enrolling into a formal medical assistant training program. Once you got your "medical assistant on" you will be supervised by doctors, or another licensed healthcare professional, under which you work in a medical office and practice setting.