Articles and Blogs

Retaliation

Social Club for Male Executives Does Not Violate Title VII

[08/08/19]

Posted on August 8, 2019 in HR Insights for Health Care

Published by: Hall Render

A federal district court in Nashville, TN has entered a summary judgment dismissal of a former Human Resources Director’s discrimination and retaliation claims. The case is significant because it explores the line between offensive social conduct that does not violate Title VII and adverse employment action that does. Discrimination Marie Hasting’s lawsuit asserted that... READ MORE

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Of Faux Pas, Fibs and Legal Fees: A Cautionary FMLA Tale

[11/14/18]

Posted on November 14, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent decision from a U.S. District Court in Wisconsin held that the Family and Medical Leave Act (“FMLA”) claim brought by the former employee of an assisted living center could not be dismissed. The outcome and the facts are instructive for other health care employers. The former employee of the assisted living facility,... READ MORE

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Bias-Based Comments Have Consequences

[10/03/18]

Posted on October 3, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent denial of summary judgment by a U.S. District Court in New York reminds us that bias-based comments can have serious consequences for hospitals and other employers, including that their employment decisions may be undermined. The ruling also suggests that, in certain situations, requiring a waiver of claims may be considered retaliatory. Facts... READ MORE

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Retaliation Continues to Be the Number One Type of Charge Filed with the EEOC

[02/12/16]

Posted on February 12, 2016 in HR Insights for Health Care

Written by: Sevilla Rhoads

On February 11, 2016, the Equal Employment Opportunity Office (“EEOC”) released its data for charges and claims litigated in 2015. Below are the highlights. A total of 89,385 workplace discrimination charges were received. More retaliation charges were received than any other type of claim enforced by the EEOC. Retaliation charges constituted almost 45 percent of the total number... READ MORE

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HR Director Fired for Stressing Out Subordinates – Or Was It Retaliation?

[02/12/14]

Posted on February 12, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

“Your leadership style is not in accordance with company practices.” This is what an HR Director was told when he was terminated after his company learned that he was “stressing out” two of his assistant HR managers.  The tense work environment that he created caused both managers to seek counseling and each had begun... READ MORE

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“Take Your Proposal and Shove It – and Fire Me – and I’ll See You in Court”

[08/08/13]

Posted on August 8, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

When this statement was made by an employee during an EEOC mediation the employer was shocked to say the least.  Shocked and shaken by the employee’s outburst, the employer fired the angry employee within the hour.  True to his word, the employee then filed a federal law suit for retaliation for participating in the EEOC’s proceeding. ... READ MORE

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“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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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

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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

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February FCA Update

[03/13/12]

Posted on March 13, 2012 in False Claims Act Defense

Written by: David B. Honig

February was an interesting month, with one case showing how OIG advisory opinions can be taken too far, another considering fraud under a corporate integrity agreement, and a court applying burden-shifting for the first time at the appellate level in FCA retaliation cases. Cases reviewed from February are: US ex rel. Boggs v. Bright Smile... READ MORE

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