Articles and Blogs

Harassment

Hooray for Hollywood. . . Employers, Take Note

[01/12/18]

Posted on January 12, 2018 in HR Insights for Health Care

Published by: Hall Render

Fresh off the 75th Annual Golden Globes Awards, which took place on January 7, mainstream and social media alike are abuzz with Oprah Winfrey’s historic acceptance of the Cecil B. DeMille Award. Winfrey, the first black woman to receive the prestigious award, brought the crowd to its feet on several occasions during her emotional acceptance... READ MORE

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No Time Like the Present to (Re)Evaluate and Train on Your Sexual Harassment Policy

[11/30/17]

Posted on November 30, 2017 in HR Insights for Health Care

Published by: Hall Render

In the wake of the salacious Harvey Weinstein allegations, the topic of sexual harassment is making the headlines…again. The Weinstein story followed right on the heels of the various (and seemingly ongoing) harassment-related woes of Fox News, which, in turn, followed on the heels of the developments that came to light on the presidential... READ MORE

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“But-For” the Supreme Court – It Would Have Been Easier to Prove Retaliation

[06/25/13]

Posted on June 25, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

It has been a busy week for the Supreme Court as it reaches the end of its current term.  On Monday, two significant decisions were handed down that directly affect employment law.  The first was the Court’s clarification of the meaning of “supervisor” for purposes of Title VII discrimination.  The second decision deals with... READ MORE

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Who Is a Supervisor? The Supreme Court Has the Answer

[06/24/13]

Posted on June 24, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Today, June 24, 2013, the U. S. Supreme Court cleared the air on the question of who is a supervisor for purposes of discrimination cases arising under Title VII of the Civil Rights Act.  In this case that has been pending since 2006, the Court, in a 5 to 4 decision, ruled that the... READ MORE

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Don’t Intimidate Me! – New Indiana Law Protects Hospitals, Employees and Others

[06/11/13]

Posted on June 11, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

It’s long been a crime or at least a misdemeanor for someone to threaten or intimidate another person.  Recently, some prosecutions for intimidation were dismissed by the courts because of the way Indiana’s intimidation statute was written.  For instance, it wasn’t clear that threats made electronically were prohibited.  Also, it wasn’t clear that intimidation... READ MORE

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Drug Testing One Employee but Not the Other – Unlawful Discrimination?

[04/26/13]

Posted on April 26, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Treating Employees the Same – Always Required? Employers have always been advised to treat their employees the same, and if they don’t, it can be evidence of unlawful discrimination.  This issue came up in a recent case involving an employer that required a black employee who was involved in an altercation to go for a... READ MORE

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Why a Cry Baby, a Spoiled Child and a Trouble Maker Lost Their Discrimination Case

[12/04/12]

Posted on December 4, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Complain, Complain, Complain… Two African-American nurses for some time had complained about working conditions, race discrimination and unfair treatment at their hospital.  They filed a petition with Human Resources that alleged Filipino nurses were treated better than the African-American nurses.  It was investigated but could not be corroborated.  They complained that other nurses were... READ MORE

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Physician’s Harassment Claim Fails – Only a Personality Conflict

[05/17/12]

Posted on May 17, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Complaints of harassment don’t always result in liability for an employer.  Here’s a case in point. A Syrian born Muslim physician employed at Stroger Hospital in Cook County wrote letters and lodged formal complaints over the years about his treatment by a female coworker who was also a physician in the same department.  The... READ MORE

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