Articles and Blogs

Discrimination

“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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Title VII Protects Nursing Moms in the Workplace

[06/14/13]

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

Written by: Jonathon A. Rabin

Discharge for Lactation Is Sex Discrimination In a recent decision, a federal appeals court held that a termination for “lactating or expressing milk” is sex discrimination under Title VII because it would clearly impose upon women “a burden that male employees need not – indeed, could not – suffer.”  The Court also ruled that... READ MORE

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EEOC Waives Red Flag on Employee Waivers

[06/04/13]

Posted on June 4, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Release and Waiver of Claims Can’t Release and Waive Too Much  Employee severance agreements often grant severance benefits conditioned upon the departing employee’s signing an agreement that includes a general waiver and release of all claims.  That’s a common and prudent practice.  However, a recent complaint filed by the EEOC shows that common release... READ MORE

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Is Religious Accommodation Required from Sundown Friday to Sundown Saturday?

[05/24/13]

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

Written by: Stephen W. Lyman

In the Case of a Director at an Acute Care Hospital the Answer Is No Employers covered by Title VII of the Civil Rights Act are required to reasonably accommodate the religious practices of employees as long as it doesn’t create an undue hardship on the employer’s operations. Was it discrimination for an acute care... READ MORE

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Medical Leave Up? Ask for More Says the EEOC

[05/21/13]

Posted on May 21, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Your Leave Is Up – Sorry but You’re Fired Many employers have medical leave policies.  Most of those policies allow leave for a maximum duration often three to six months or even up to a year.  The FMLA, of course, guarantees job protection for 12 weeks.  But what is an employer to do if... 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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Using Restraint in Your Job – Very Rare but Still Essential

[02/04/13]

Posted on February 4, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Sometimes the important things that an employee may be required to do in a job almost never happen.  Take for example a worker at a juvenile detention center who might one day have to physically restrain a violent youth who might be causing trouble at the facility.  It doesn’t happen often, but it certainly could.  Does... READ MORE

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Bad Back and Shared Lifting – A Burden Too Heavy for This Plaintiff

[01/16/13]

Posted on January 16, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Is Shared Lifting a “Reasonable” Accommodation? Employees who suffer from a bad back and have lifting restrictions always present a challenge to employers who attempt to accommodate those restrictions.  It’s discrimination under the ADA if the employer fails to make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with 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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