Articles and Blogs


Raise It or Waive It: U.S. Supreme Court Decides That Title VII’s Charge-Filing Requirement Is Not Jurisdictional


Posted on June 10, 2019 in HR Insights for Health Care

Published by: Hall Render

In an unanimous decision authored by Justice Ginsburg, the U.S. Supreme Court recently announced that Title VII’s charge-filing precondition is not a jurisdictional requirement but instead a mandatory claim-processing rule, which may be forfeited if the party asserting the rule waits too long to raise an objection.[1] This decision emphasizes the importance of timely... READ MORE

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EEO-1 Filing Website to Open Soon – Submission Deadline Extended to May 31, 2019


Posted on February 19, 2019 in HR Insights for Health Care

Published by: Hall Render

The EEO-1 filing website will open in early March. The filing deadline has been extended to May 31, 2019. Both dates were pushed back as a result of the recent, partial federal government shutdown. Luckily for employers, the controversial pay data disclosure requirements remain on indefinite hold, as we previously reported; however, covered employers still... READ MORE

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EEOC and DOJ Pact Continues Focus on Workplace Harassment—Employers Take Note (Especially County Hospitals)


Posted on January 31, 2019 in HR Insights for Health Care

Published by: Hall Render

Once again, the Equal Employment Opportunity Commission (“EEOC”) is demonstrating its strong stance against harassment in the workplace. The EEOC recently announced a partnership with the U.S. Department of Justice, allowing for quicker action against state and local government employers in harassment allegations – keep in mind that county hospitals typically fit the definition... READ MORE

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#MeToo – EEOC Launches a Multi-Pronged Enforcement Campaign Against Seven Employers Around the Country


Posted on June 29, 2018 in HR Insights for Health Care

Published by: Hall Render

As pointed out in prior blog posts—see, for example, this post from 2017 and this 2018 blog post—with the recent #MeToo movement and the sexual harassment allegations that continue to garner media coverage on a national platform, employers across the country should be taking proactive steps to curb sexual harassment and incivility in the... READ MORE

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It’s EEO-1 Report Filing Season. Are You Doing It Right?


Posted on January 29, 2018 in HR Insights for Health Care

Published by: Hall Render

Employers rightfully rejoiced last summer when they learned they would not be required to include pay data on their 2017 EEO-1 report. Indeed, as we reported last August, that new and controversial requirement has been put on hold—perhaps forever. But, covered employers are still required to report workforce race/ethnicity and gender information by job category. The deadline... READ MORE

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New EEO-1 Pay Data Reporting Obligations “Suspended Indefinitely”


Posted on August 31, 2017 in HR Insights for Health Care

Published by: Hall Render

The Office of Management and Budget (“OMB”) has “suspended indefinitely” the compliance date for the new pay data reporting requirements on the EEO-1 report. Private employers with at least 100 employees will still be required to annually file EEO-1 reports, but the scope of the report will be limited to the same “race/ethnicity and... READ MORE

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EEOC Updates Guidance Regarding National Origin Discrimination


Posted on November 22, 2016 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

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HHS Nondiscrimination Regulations Challenged in Federal Court


Posted on August 25, 2016 in HR Insights for Health Care

Written by: Sevilla Rhoads

On August 23, 2016, eight plaintiffs jointly sued the federal Department of Health and Human Services (“HHS”) disputing the definition of the term “sex” in recent HHS regulations implementing the Affordable Care Act’s (“ACA”) non-discrimination provisions. A link to the Complaint is here.  The HHS regulations, which, among other things, protect patients who receive... READ MORE

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EEOC Advances Cause of Transgender Employee Seeking Insurance Coverage from Hospital System for Sex Transformation Surgery


Posted on August 24, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

Sex Transformation Surgery In a lawsuit filed in June in the Northern District of California, an operating room nurse claims that his hospital system employer, because of his sex, refused to provide insurance coverage related to his sex transformation. The plaintiff alleges that the hospital’s conduct violates both Title VII of the Civil Rights... READ MORE

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EEOC Resource Documents on Transgender Employee Bathroom Access and Leaves of Absence for Employees with Disabilities


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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