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Article CommentaryAnalysis and Commentary

The Implications of the ADA Amendments Act of 2008 for Residency Training Program Administration

Alexandra Regenbogen and Patricia R. Recupero
Journal of the American Academy of Psychiatry and the Law Online December 2012, 40 (4) 553-561;
Alexandra Regenbogen
Ms. Regenbogen is a fourth-year medical student and Dr. Recupero is Clinical Professor of Psychiatry, Warren Alpert Medical School, Brown University, Providence, RI. Dr. Recupero is also President/CEO of Butler Hospital, Providence, RI.
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Patricia R. Recupero
Ms. Regenbogen is a fourth-year medical student and Dr. Recupero is Clinical Professor of Psychiatry, Warren Alpert Medical School, Brown University, Providence, RI. Dr. Recupero is also President/CEO of Butler Hospital, Providence, RI.
JD, MD
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Abstract

The Americans with Disabilities Act (ADA) is rarely invoked by medical residents in training. Dr. Martin Jakubowski, a family medicine resident with Asperger's disorder, was dismissed for communicating poorly with patients, peers, and supervisors and for issuing dangerous medical orders. In an attempt to become reinstated, he sued under the ADA (Jakubowski v. The Christ Hospital), arguing that the program had failed to make reasonable accommodation for his disability. The Sixth Circuit Court of Appeals ruled in favor of the hospital, finding that although the doctor was disabled under the ADA, he had failed to demonstrate that he was otherwise qualified for the position. This article comments on the ADA Amendments Act of 2008, the Equal Employment Opportunity Commission (EEOC) guidelines from 2011 and their application to medical residency training, and the Accreditation Council for Graduate Medical Education (ACGME) core competencies as essential job functions.

Footnotes

  • Disclosures of financial or other potential conflicts of interest: None.

  • © 2012 American Academy of Psychiatry and the Law
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Journal of the American Academy of Psychiatry and the Law Online: 40 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 40, Issue 4
1 Dec 2012
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The Implications of the ADA Amendments Act of 2008 for Residency Training Program Administration
Alexandra Regenbogen, Patricia R. Recupero
Journal of the American Academy of Psychiatry and the Law Online Dec 2012, 40 (4) 553-561;

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The Implications of the ADA Amendments Act of 2008 for Residency Training Program Administration
Alexandra Regenbogen, Patricia R. Recupero
Journal of the American Academy of Psychiatry and the Law Online Dec 2012, 40 (4) 553-561;
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  • Article
    • Abstract
    • Jakubowski v. The Christ Hospital
    • The ADA in Employment
    • The ADA Amendments Act of 2008 and EEOC Guidance 2011
    • Reasonable Accommodation and Qualification for the Position
    • The ADA and Medical Residency
    • The ACGME Core Competencies
    • Dr. Jakubowski and the Core Competencies
    • Reasonable Accommodations?
    • Discussion
    • Conclusions
    • Acknowledgments
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