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Employment ComplianceNov 13, 202603:00 (PT)

Federal court denies both sides summary judgment in EEOC challenge to hospital's testing of clinicians 70 and older

Key points

  • A hospital required clinicians 70 and older to pass vision and cognitive tests every two years; the EEOC sued in 2020
  • A federal court denied both sides' motions for summary judgment in the ADA and ADEA case
  • Disputes remain over whether the tests protect patients, whether 70 is a defensible cutoff, and whether individual assessments could work

A hospital required clinicians aged 70 and older to pass vision and cognitive tests every two years. The EEOC sued in 2020. A federal court denied both sides' motions for summary judgment in the ADA and ADEA case. Disputes remain over whether the tests protect patients, whether 70 is a defensible cutoff, and whether individual assessments could work.

What employers should do

  1. Check whether age-based mandatory testing or retirement requirements comply with the ADA and ADEA
  2. Assess the feasibility of replacing a uniform age cutoff with individual assessments

Policy details

Jurisdiction
United States
Status
Court ruling
Effective date
—
Employers covered
Hospital with clinicians aged 70 and older
Official source
View official source ↗
Original report: The Employer Handbook Blog ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.