Articles and Blogs

Discrimination

Heavenly Music: Music Director Is a “Minister” so Lawsuit Is Dismissed

[11/27/12]

Posted on November 27, 2012 in HR Insights for Health Care

Written by: Dana E. Stutzman

Discrimination Laws Don’t Apply to Religious “Ministers” In the realm of employment law, the “ministerial exception” prohibits the application of federal anti-discrimination laws to claims concerning the employment relationship between a religious institution and its ministers.  Exactly who qualifies as a minister under the ministerial exception is being determined by the courts on a... READ MORE

Tags: , , ,

Set Up to Fail? – Employer’s Plan Backfires

[11/03/12]

Posted on November 3, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

One Last Chance or Set Up to Fail? Faced with an underperforming employee, an employer will often give the employee a chance to prove himself one last time before termination.  Sometimes that approach can backfire if not done carefully – especially if the employee can claim some legal protection – like using FMLA. READ MORE

Tags: , , ,

Do We Have to Give Preference to a Disabled Employee When There is a Vacant Position?

[09/11/12]

Posted on September 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The answer to that question now is YES, so long as that person is “qualified” for the job and the transfer isn’t an “undue hardship.” A significant change of course on competition for vacant positions as an ADA accommodation Reversing twelve years of decisions that allowed an employer to pick the best applicant for a... READ MORE

Tags: , , , , ,

Pregnancy, Lifting Restrictions and Unpaid Leave – No Liability for Employer

[07/24/12]

Posted on July 24, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Pregnant Employee with 10 Pound Lifting Restriction – What to Do? Is it unlawful discrimination for an employer to place a pregnant part-time merchandise stocker with a 10-pound lifting restriction on an involuntary unpaid leave? In this recent case decided by the Seventh Circuit, the Court said “No“. . . there was no unlawful... READ MORE

Tags: , , , ,

Statistics Tell Us What the EEOC Is Doing These Days

[07/16/12]

Posted on July 16, 2012 in HR Insights for Health Care

Written by: Jonathon A. Rabin

The EEOC keeps track of what it’s doing.  Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges.   READ MORE

Tags: , , , , , ,

Title VII Doesn’t Cover Discrimination Based on Immigration Status

[06/25/12]

Posted on June 25, 2012 in HR Insights for Health Care

Written by: Dana E. Stutzman

The Seventh Circuit, which covers Indiana, Illinois, and Wisconsin, recently ruled that a bank’s alleged bias against one of its managers based on the immigration status of the manager’s husband is not actionable under Title VII.  (In other words, Title VII doesn’t cover discrimination based on immigration or citizenship status.)  In affirming the lower... READ MORE

Tags: , ,

Unpredictable Seizures – Mammography Tech was a “Direct Threat” and “Not Qualified”

[05/18/12]

Posted on May 18, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The ADA requires employers to attempt to reasonably accommodate qualified individuals with a disability.  But what about a Certified Mammography Technician who suffered 14 epileptic seizures on the job in a two year period? In this case a federal court held that this hospital employee was not qualified and also presented a direct threat... READ MORE

Tags: , , , , ,

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

Tags: , , , , ,