decisionhealth Newsletters, Part B News - 2020 Issue 3 (March)
In light of EEOC elder provider policy suit, reconsider age-based tests
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Article Overview
This article examines a federal EEOC lawsuit involving a hospital policy that applies testing based on provider age, and places that dispute in the context of workplace anti-discrimination law, hospital credentialing, and physician competency assessment. It is intended for health care compliance professionals, administrators, medical staff leaders, and employment-law readers who need a practical overview of the legal and operational issues raised by age-based screening programs. The discussion covers the alleged legal theories, competing views from employment attorneys, and examples of how other safety-sensitive professions handle age and competency standards.
Why This Topic Matters
Health care organizations that evaluate late-career clinicians may need to understand how age-based policies interact with federal employment law, credentialing practices, and competency testing programs. The article helps readers gauge compliance risk and consider alternatives that focus on job-related performance concerns rather than age alone.
Article Sections
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Compliance
Introduces the workplace compliance issue and frames the article around an EEOC lawsuit involving a health care provider policy.
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Is the age cutoff illegal?
Explores the legal concerns raised by the policy and summarizes commentary on age-based screening and competency assessment in health care settings.
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Some cutoffs are exempt
Reviews arguments about possible exceptions, including comparisons to other safety-sensitive professions and broader employment-law precedent.
What You Will Learn
- How an EEOC lawsuit can affect health care workforce policies
- What issues arise when age is used in provider competency programs
- How legal experts frame compliance risks for credentialing and testing practices
- Why safety-sensitive professions are sometimes discussed in age-policy debates
Who Should Read This
- Health care compliance professionals
- Hospital administrators
- Medical staff leaders
- Physician practice managers
- Employment and labor law readers
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