Legal Issues: Advocacy by and Disabilities of School Nurses

This article summarizes the facts and rulings of a recent representative federal appeals court decision concerning the legal claims of two school nurses who lost their positions after advocating on behalf of students with diabetes. Their primary claim was the anti-retaliation protection under the pa...

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Bibliographic Details
Published in:Policy, politics & nursing practice politics & nursing practice, 2021-11, Vol.22 (4), p.258-263
Main Author: Zirkel, Perry A.
Format: Article
Language:English
Subjects:
Advocacy
Americans with Disabilities Act 1990-US
Claims
Court decisions
Courts
Diabetes
Disability
Discrimination
Medical ethics
Nurses
Nursing
Rehabilitation
Retaliation
School nurses
School nursing
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Summary:This article summarizes the facts and rulings of a recent representative federal appeals court decision concerning the legal claims of two school nurses who lost their positions after advocating on behalf of students with diabetes. Their primary claim was the anti-retaliation protection under the pair of federal laws prohibiting disability discrimination—Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. The second of the two nurses additionally asserted protection under this pair of laws based on her own asserted disabilities. The discussion reveals the sometimes significant difference between legal requirements, as determined by appellate courts, and professional norms, as perceived by practitioners and professors in school nursing.
ISSN:1527-1544
1552-7468
DOI:10.1177/15271544211052034