Articles and Blogs


New EEO-1 Pay Data Reporting Obligations “Suspended Indefinitely”


Posted on August 31, 2017 in HR Insights for Health Care

Published by: Hall Render

The Office of Management and Budget (“OMB”) has “suspended indefinitely” the compliance date for the new pay data reporting requirements on the EEO-1 report. Private employers with at least 100 employees will still be required to annually file EEO-1 reports, but the scope of the report will be limited to the same “race/ethnicity and... READ MORE

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EEOC Updates Guidance Regarding National Origin Discrimination


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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HHS Nondiscrimination Regulations Challenged in Federal Court


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


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


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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Can Employees Refuse Vaccinations Because of Religious Beliefs?


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

Written by: Sevilla Rhoads

On April 5, 2016, a district court in Massachusetts dismissed a Title VII case against a hospital where the employee was terminated for refusing vaccinations on religious grounds. Robinson v. Children’s Hospital Boston, 2016 WL 1337255. While this order is not binding precedent, we wanted to report on this case because vaccination refusal is... READ MORE

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EEOC Changes Position Statement Procedures: Health Care Employers Should Take Note


Posted on February 26, 2016 in HR Insights for Health Care

Written by: Sevilla Rhoads

Starting at the beginning of 2016, the Equal Employment Opportunity Commission (“EEOC”) has changed its procedures when it comes to employer position statements submitted in response to charges of discrimination. Now, the EEOC will release complete employer position statements and attachments to any charging party and their attorney who request release. In the past, the... READ MORE

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Retaliation Continues to Be the Number One Type of Charge Filed with the EEOC


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

Written by: Sevilla Rhoads

On February 11, 2016, the Equal Employment Opportunity Office (“EEOC”) released its data for charges and claims litigated in 2015. Below are the highlights. A total of 89,385 workplace discrimination charges were received. More retaliation charges were received than any other type of claim enforced by the EEOC. Retaliation charges constituted almost 45 percent of the total number... READ MORE

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EEOC Proposes to Collect Gross Pay and Hours Worked Data in 2017


Posted on February 5, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

On February 1, 2016, the EEOC made public a proposed revision to the Employer Information Report (“EEO-1”) to include collecting pay data from employers, including federal contractors, with more than 100 employees. According the EEOC, the collection of this pay and hours data will help in “identifying possible pay discrimination and assist employers in promoting... READ MORE

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Protective Orders at Work – Indiana’s New Protections


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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