Articles and Blogs

Discrimination

Medical Residency Programs Potentially Liable Under Title IX—For Resident AND Non-Resident Employees!

[08/22/17]

Posted on August 22, 2017 in HR Insights for Health Care

Published by: Hall Render

As we reported in a previous article, the Third Circuit recently decided in Doe v. Mercy[1] that: 1) the medical residency program of the facility being sued in that case was an “educational program or activity” under Title IX; and 2) the medical resident had standing to sue under Title IX even though the... READ MORE

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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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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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Changing Course? Seventh Circuit to Rehear Title VII Sexual Orientation Case

[10/19/16]

Posted on October 19, 2016 in HR Insights for Health Care

Written by: Nick S. Johnston

The Court of Appeals for the Seventh Circuit will rehear a once-dismissed Title VII sexual orientation case, possibly signaling that the Seventh Circuit will change course and read Title VII as prohibiting sexual orientation discrimination. Background Title VII prohibits employment discrimination based on race, color, religion, sex and national origin; the prohibitions apply to... READ MORE

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HHS Nondiscrimination Regulations Challenged in Federal Court

[08/25/16]

Posted on August 25, 2016 in HR Insights for Health Care

Written by: Sevilla Rhoads

On August 23, 2016, eight plaintiffs jointly sued the federal Department of Health and Human Services (“HHS”) disputing the definition of the term “sex” in recent HHS regulations implementing the Affordable Care Act’s (“ACA”) non-discrimination provisions. A link to the Complaint is here.  The HHS regulations, which, among other things, protect patients who receive... READ MORE

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EEOC Advances Cause of Transgender Employee Seeking Insurance Coverage from Hospital System for Sex Transformation Surgery

[08/24/16]

Posted on August 24, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

Sex Transformation Surgery In a lawsuit filed in June in the Northern District of California, an operating room nurse claims that his hospital system employer, because of his sex, refused to provide insurance coverage related to his sex transformation. The plaintiff alleges that the hospital’s conduct violates both Title VII of the Civil Rights... READ MORE

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EEOC Resource Documents on Transgender Employee Bathroom Access and Leaves of Absence for Employees with Disabilities

[05/12/16]

Posted on May 12, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published resource documents on two hot topics in the labor and employment world: bathroom access for transgender employees and leaves of absence for disabled workers. The EEOC notes that its resource documents do not create new policy, are not voted on by the Commission and are... READ MORE

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A Prayer Requirement? Fifth Circuit Allows Termination of Employee for Refusal to Say the Rosary

[08/27/15]

Posted on August 27, 2015 in HR Insights for Health Care

Written by: Robin M. Sheridan

On August 20, 2015, in Nobach v. Woodland Village Nursing Center, Inc., the Fifth Circuit held that terminating an employee for a refusal to pray the Rosary does not violate Title VII when there is no evidence that the employer was aware of the employee’s conflicting religious beliefs. In light of this determination, the... READ MORE

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Protective Orders at Work – Indiana’s New Protections

[07/14/15]

Posted on July 14, 2015 in HR Insights for Health Care

Written by: Nick S. Johnston

On July 1, 2015, new legislation aimed at helping victims of stalking and domestic violence maintain their employment went into effect. Specifically, House Enrolled Act (“HEA”) 1159, codified at I.C. 22-5-7 et seq., prohibits Indiana employers from terminating an employee based on: (1) the filing, by the employee, for a petition for a protective... READ MORE

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EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs

[04/21/15]

Posted on April 21, 2015 in HR Insights for Health Care

Written by: Calvin R. Chambers

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on... READ MORE

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