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Burdens of Proof

Supreme Court Revives Pregnant Worker’s Discrimination Claim


Posted on March 26, 2015 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

Yesterday, March 25, 2015, the U.S. Supreme Court published its long-awaited opinion in the case of Peggy Young v. United Parcel Service. The issue in this case was whether an employer must reasonably accommodate a pregnant worker as it does other workers who are not pregnant. The Court vacated the Fourth Circuit’s decision affirming summary... READ MORE

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Reasonable Accommodation – Just Assign Wheelchair Transport Duties to an Orderly?


Posted on October 29, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Was Job Restructuring Reasonable?  The Jury Will Decide A hairdresser at a nursing home quit her job following surgery when her boss failed to consider assigning her duties of transporting wheelchair bound residents to the beauty salon to orderlies.  She filed an ADA suit claiming a failure to reasonably accommodate her disability.  The nursing... READ MORE

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NLRB Sends Hospital’s Termination out the Window and down the Drain


Posted on December 20, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Windows and Sinks and Employee Complaints  Employees have a right to complain about a lot of things, including windows and sinks.  When they join together to complain, an employer needs to make sure that those complaints are not factors in the decision to fire the complaining employees.  In this NLRB case, a hospital fired a... READ MORE

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


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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