Articles and Blogs

Discrimination

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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Telecommuting: A Reasonable Accommodation? Not Necessarily

[04/21/15]

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

Written by: Mary Kate Liffrig

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by... READ MORE

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Supreme Court Revives Pregnant Worker’s Discrimination Claim

[03/26/15]

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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Sexual Orientation and Gender Identity to Be Protected Classes for Federal Contractors

[12/08/14]

Posted on December 8, 2014 in HR Insights for Health Care

Written by: Jonathan C. Bumgarner

The Department of Labor published regulations last week that will make it unlawful for federal contractors to discriminate in employment based on sexual orientation and gender identity.  The regulations will become effective in early April, 120 days after being published in the Federal Register.  READ MORE

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Pregnancy Discrimination – EEOC Issues Important Enforcement Guidance

[07/15/14]

Posted on July 15, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

The Equal Employment Opportunity Commission on July 14, 2014 issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with Questions and Answers about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since 1983. This... READ MORE

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Is Indefinite Leave a Reasonable Accommodation?

[01/22/14]

Posted on January 22, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

“Sicker than a Dog” Under the ADA, an employer is required to “reasonably accommodate” a “qualified individual with a disability.”  In this recent case, the court had occasion to consider whether an open-ended request for leave was “reasonable” when it was made by an employee who claimed to be “sicker than a dog” and... READ MORE

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Refusal to Comply with Recruitment Process Kills Discrimination Claim

[10/14/13]

Posted on October 14, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

“I want to be evaluated by a different hiring manager.” An African American submitted his résumé for a project manager position through a third-party recruiting firm.  He was subsequently contacted by the recruiting firm to discuss his candidacy and to complete a required assessment for the application process. However, by his own admission, he... READ MORE

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