In the “Discrimination in Ophthalmology Practices: Understanding Patient, Employee and Employer Rights and Responsibilities” course at the American Academy of Ophthalmology 2025 meeting in Orlando, attorneys Megan Gehret and Nick Masino from Wade, Goldstein, Landau & Abruzzo, P.C., provided an overview of the harassment and discrimination laws that apply to ophthalmology practices, along with best practices and examples that practices can implement. They noted that groups of individuals, or “protected classes,” protected by law include race, color, religion, national origin, sex (including pregnancy, childbirth, and related medical conditions, sexual orientation or gender identity), age (40 and older), disability, and genetic information (including employer requests for, or purchase, use or disclosure of genetic tests, genetic services or family medical history).
Who Discrimination Laws Are Designed to Protect
Discrimination laws are designed to protect employees (current and former), job applicants, and in some cases, patients. For employees (current and former), this includes, for example, cases where employees were discharged (fired or laid off), were refused a promotion, received unequal pay, or were harassed (unwelcome verbal or physical conduct), in each case based on their status as a member in a protected class. For job applicants, this includes, for example, an employer’s refusal to hire or requiring a background check for one applicant (based on their status as a member in a protected class), but not others.
“A respectful and inclusive workplace is essential in health care,” Ms. Gehret explained. “Supporting equality among staff fosters collaboration and employee morale, which results in the highest standard of patient care.”
Who Discrimination Laws Apply To
Federal discrimination laws include Title VII of the Civil Rights Act of 1964 (15 or more employees), the Americans with Disabilities Act (15 or more employees), and the Age Discrimination in Employment Act of 1967 (ADEA) (20 or more employees). In addition, discrimination laws also apply to state and local governments, educational institutions, unions, and staffing agencies, among others.
The Legal Landscape
Covered employers are prohibited from taking adverse employment action against an employee or job applicant based on the employee’s or applicant’s status as a member in a protected class. The federal laws Ms. Gehret and Mr. Masino highlighted include: Title VII—adverse action based on race, color, religion, sex, national origin; ADA—adverse action based on disability; ADEA—adverse action based on age (if over 40); and retaliation—adverse action against a person who files a complaint of discrimination, participates in an investigation or opposes discriminatory practices. The presenters also emphasized the importance of being aware of any state-specific laws that may apply to your practice.
In addition, the instructors discussed vicarious liability, where an employer can be held liable for acts of employees. With vicarious liability, documentation is crucial, they said. It is paramount that practices keep a diligent record of all incidents, complaints, investigations, and resolutions.
The Most Common Examples of Discrimination
The presenters also discussed the most common examples of discrimination in ophthalmology practices. One example is favoritism.This includes granting/denying PTO requests, raises, and more/less flexibility with tardiness. And a second example includes firing an older worker for failure to “keep up with the times.”
Best Practices for Your Practice
Finally, Ms. Gehret and Mr. Masino pointed out that practices should implement appropriate workplace policies, such as how employees should treat each other, what conduct will not be tolerated, and create a detailed procedure for submitting complaints (point of contact, escalation procedure, etc). In addition, they said that discipline should be proportionate to conduct (ie, the punishment should fit the crime).
Practices should ensure their policies are compliant with state and federal law, they said. Other best practices include requiring annual employee training, documenting everything, taking all complaints seriously, and investigating.
“The cost of a discrimination claim far exceeds a prevention program—sound policies, leadership buy-in, and swift, comprehensive responses are your best protections,” Mr. Masino concluded. OM