The onset of the Covid-19 pandemic has brought enormous challenges to the nursing home industry. Lewis Johs has been at the forefront of representing nursing homes in matters ranging from claims of medical malpractice to novel disability discrimination claims.
Partner Yuval Bar-Kokhba, LJAA has recently obtained dismissals of novel disability discrimination cases filed against nursing homes before the U.S. Equal Employment Opportunity Commission (“EEOC”). The claims involved allegations by supervisory nurses that they were wrongfully terminated in violation of the American with Disabilities Act (“ADA”) when they refused to perform emergency floor work at the height of the pandemic. The nursing homes maintained that emergency measures requiring all employees, including supervisory employees, to participate in floor work were necessary during the pandemic and any dismissal for failure to comply with this policy did not violate the ADA.