Gary Phelan Quoted in Law360 on Age and Disability Discrimination 

Partner Gary Phelan was featured in Law360's mid-year report, offering expert commentary on a federal dispute over cognitive testing in the workplace.

The case, EEOC v. Yale New Haven Hospital, concerns the hospital's policy of requiring physicians over the age of 70 to undergo cognitive and vision testing. The Equal Employment Opportunity Commission alleges the policy violates the Americans with Disabilities Act and the Age Discrimination in Employment Act. The hospital maintains the testing is necessary for patient safety.

Phelan, who is not involved in the litigation, told Law360 the case "sits squarely at the crossroads of age and disability discrimination." He noted that the court's decision "will dictate whether hospitals can use age-based policies as a proxy for competence or shift to more nuanced, individualized assessments of a physician's performance," and could prove "a watershed moment for an aging workforce."

Gary has practiced employment law for decades and co-authored Disability Discrimination in the Workplace. He teaches employment law at Quinnipiac University School of Law and is a frequent commentator on developments in disability and employment law.

Summary judgment arguments in the case are scheduled for late August.