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Employment Rights of Handicapped Nurses: Error in Trageser?

Published online by Cambridge University Press:  20 January 2021

Kent Hull
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Extract

Novella Trageser was hired by Libbie Rehabilitation Center in 1971, and in 1975 Libbie promoted her to Director of Nurses. She performed her duties capably, despite the fact that she had retinitis pigmentosa. During an inspection in 1976, a state certification officer from the Department of Health informally indicated disapproval of her employment because of her handicap. The home administrator relayed these comments to the board of directors, which resolved to dismiss her. Upon learning of this decision, Novella Trageser resigned and brought suit against the nursing home, partially on the basis of section 504 of the Rehabilitation Act.

Type
Research Article
Information
Nursing Law & Ethics , Volume 1 , Issue 6 , July 1980 , pp. 8 - 11
Copyright
Copyright © American Society of Law, Medicine and Ethics 1980

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References

1. 462 F. Supp. 425 (E.D. Va. 1977). This analysis has benefited from research on the Trageser case undertaken by Paula Wiseman, Legal Intern for the National Center for Law and the Handicapped, Inc.Google Scholar
2. 29 U.S.C. §794(a)(2).Google Scholar
3. 42 U.S.C. §2000d-3.Google Scholar
4. Trageser v. Liable Rehabilitation Center, Inc., 590 F.2d 87 (4th Cir. 1978)Google Scholar
5. 4 U.S. Code Cong, and Admin. News 6390-91 (1974).Google Scholar
6. 45 C.G.R. Subpart B.Google Scholar
7. 451 F. Supp. 791 (E.D. Pa. 1978).Google Scholar
8.
9. 44 Fed. Reg. 54950 (Sept. 21,1979).Google Scholar
10. Southeastern Community College v. Davis, 99 S. Ct. 2361 (1979).Google Scholar