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HR Insights for Health Care

Seventh Circuit Rules Title VII Prohibits Sexual Orientation Discrimination

[04/06/17]

Posted on April 6, 2017 in HR Insights for Health Care

Published by: Hall Render

On Tuesday, April 4, 2017, the Court of Appeals for the Seventh Circuit ruled that Title VII prohibits discrimination based on sexual orientation. This contradicts a recent Eleventh Circuit ruling[1]—not to mention longstanding Seventh Circuit precedent—which means that this issue could eventually land before the Supreme Court. Background Title VII is a federal law... READ MORE

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Federal Contractor “Blacklisting” Rules Are Now Dead

[04/03/17]

Posted on April 3, 2017 in HR Insights for Health Care

Published by: Hall Render

President Obama’s controversial Fair Pay and Safe Workplaces Executive Order 13673 (aka the “blacklisting” rule) has been eliminated. That means federal contractors will not be required to report labor violations as part of their federal contract bidding process. The related paycheck transparency requirements and prohibition against pre-dispute arbitration clauses related to Title VII claims... READ MORE

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Labor Department Takes First Steps to Delay Fiduciary Rule

[03/08/17]

Posted on March 8, 2017 in HR Insights for Health Care

Written by: William D. Roberts

On Thursday, March 2, 2017, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) published a notice in the Federal Register that took the first steps toward delaying the so-called “fiduciary rule.” The EBSA acted in response to President Trump’s Presidential Memorandum of February 3, 2017 that directed the DOL to evaluate... READ MORE

7th Circuit Affirms Summary Judgment in a [Mostly] Employer-Friendly ADA Case: Employee Was Terminated for Insubordination

[02/24/17]

Posted on February 24, 2017 in HR Insights for Health Care

Published by: Hall Render

A Seventh Circuit panel including Judge Posner affirmed summary judgment for AMS Mechanical System, Inc., the employer in an ADA case, despite some facts adverse to AMS. The panel accepted the employee’s version of the facts insofar as they were supported by his testimony: the employee, a welder named Gogos, left work early for... READ MORE

OFCCP Mails Letters to “Unlucky” Companies on Affirmative Action Compliance Audit List

[02/23/17]

Posted on February 23, 2017 in HR Insights for Health Care

Published by: Hall Render

OFCCP mailed letters last week to over 350 separate companies notifying them that they are on the agency’s “to be audited” list. Known as Corporate Scheduling Announcement Letters (“CSALs”), the letters are provided as a courtesy in the hope that the company will be better prepared for the compliance review. Importantly, the notices are addressed to... READ MORE

Employer’s “Honest Belief” Defense Remains Viable in Cases of Employee Misuse of FMLA Leave

[02/20/17]

Posted on February 20, 2017 in HR Insights for Health Care

Published by: Hall Render

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation... READ MORE

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President Acts on Labor Department Fiduciary Rule

[02/10/17]

Posted on February 10, 2017 in HR Insights for Health Care

Published by: Hall Render

On February 3, 2017, President Donald Trump signed a presidential memorandum addressing the Department of Labor’s (“DOL”) so-called fiduciary rule that will go into effect on April 10, 2017.  Early media reports on February 2 and 3 indicated that the president would delay or suspend the rule. However, he did neither. The presidential memorandum directs... READ MORE

Section 1557: Federal Court Issues Nationwide Injunction Against HHS Sex Discrimination Rules

[01/16/17]

Posted on January 16, 2017 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On December 31, 2016, a federal district court in Texas issued a preliminary injunction to prevent HHS from enforcing those few portions of the regulations implementing Section 1557 of the Affordable Care Act (“ACA”) that interpret the prohibition against “sex” discrimination to include discrimination on the basis of “gender identity” and “termination of pregnancy.”... READ MORE

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Texas Court Issues Nationwide Preliminary Injunction Against Expansion of Overtime

[11/23/16]

Posted on November 23, 2016 in HR Insights for Health Care

Published by: Hall Render

DOL’s Final Rule Blocked On November 22, 2016, a federal district judge in Texas issued a nationwide preliminary injunction preventing the U.S. Department of Labor (“DOL”) from implementing and enforcing its final rule establishing new salary thresholds for millions of traditionally exempt white collar employees.  As we reported in July, that new rule, which... READ MORE

EEOC Updates Guidance Regarding National Origin Discrimination

[11/22/16]

Posted on November 22, 2016 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

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