But hypothetical residency is specifically hiring someone to work long hours including overnights call, do the job or don’t take the job
Actually, they're specifically hiring someone to train to be a competent internist and they can do that without the overnights.
This, right here, is the issue. If you see residency as primarily an educational issue, then nights are "not necessary". If you see residency as a job that includes nights with a side benefit that you get this great experience that then allows you to go get a better job in the future, then nights are just part of the job even if they have no educational value.
It's not like accepting one ADA request forces you to accept all.
Actually, you do. Once you make a specific accommodation for one person, you're allowing that same accommodation for anyone else with a similar problem. Once you allow someone to do this for what you consider a "good reason", I assure you others will just get a provider to sign a note saying they need it for vague or unspecified reasons -- and once you have a provider note, the employer must abide by that assessment.
I think that a resident who has an ADA request not to work nights should not be going into those fields and if they do, you have the option of putting that (meaning that they didn't do any nights or 24s) in their letter.
My (albeit probably poor) understanding of the law is that I cannot mention this. On ERAS, applicants are asked not if they need an accommodation, but whether they can do the job "with or without reasonable accommodations". That's all you can ask / tell.
That's different because you're specifically hiring a nocturnist. On interview, you should be asking the question - you realize you'll be working nights? They show up on Day 1 and tell you they can't for whatever reason, I think you're well within your legal rights to let them go. You're not required to create a position for them when you were specifically hiring a nocturnist. It's like if Macy's hires someone for their perfume counter and the new hire shows up with a perfume allergy. They're allowed to let that person go. But if Macy's hires someone for the perfume counter who happens to be in a wheelchair and can't reach the perfumes on the top shelf, they shouldn't be fired because they can actually do the job with accommodation.
I see what you're saying, and it comes down to the top quotes. If residency is all about what you need for education, then nights are fully expendable (if you think that what you learn working at night can also be learned during the day). If you see residency as a job that includes nights and days with some education as part of it, then nights are just part of the job.
We have accommodated many ADA requests over the years. I'm just not a fan of removing parts of the schedule / curriculum.
When it comes down to it, I think your argument is better stated as this: Residents should not do nights at all, since it's not really necessary for their education. Residents need more supervision, hence should be working days when supervision is better. Residents shouldnt work nights just because they are low on the totem pole. Hospitals should hire people to work nights, residents should only work nights if there is a clear education reason. In that case, it isn't an ADA issue at all. It could all be moonlighting of some sort.
In the end, I'm becoming increasingly convinced that the simplest solution is differential pay. We would adjust resident salary structure so that you get paid extra for working night shifts. Most likely, the "day pay" rate would go down such that the average resident with the usual schedule would end up with the same pay. Then, residents who don't work nights would just get paid less, and those that cover those shifts would get paid more. But I'm sure someone would say this is unfair to disabled residents, and the headline would be "NaPD discriminates by paying disabled residents less".