Bill Schurgin Quoted in Employment Discrimination Report
”Disabilities: Federal Court Rules Physician With Disability May Bring Privileges Case Under ADA Title III”

The article, ”Disabilities: Federal Court Rules Physician With Disability May Bring Privileges Case Under ADA Title III,” in the July 18, 2007 issue of Employment Discrimination Report includes a quote by Bill Schurgin. In Hetz v. Aurora Med. Ctr. Of Manitowoc County, a federal trial court in Wisconsin ruled that a physician with a disability may pursue claims under Title III of the Americans with Disabilities Act. The article reports that the decision adds another means for non-employed physicians to challenge hospital credentialing and privileges decisions.

Bill Schurgin noted that the decision reflects “a broad reading of Title III that goes beyond Congress’s intent… [The decision] is hard to judge at this point because it is unclear what are the next steps available to the parties.” Bill said that the decision “is significant because it provides another avenue for these physicians to bring an action under a theory that would not appear to apply… From a practical standpoint, whether or not these physicians are ultimately found to be covered by Title III, the decision shows that it is prudent for every hospital to consider these types of discrimination guidelines in evaluating the competency and qualifications of all of their medical staff members.”