Articles and Blogs

Title VII

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

[06/10/19]

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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Changing Course? Seventh Circuit to Rehear Title VII Sexual Orientation Case

[10/19/16]

Posted on October 19, 2016 in HR Insights for Health Care

Written by: Nick S. Johnston

The Court of Appeals for the Seventh Circuit will rehear a once-dismissed Title VII sexual orientation case, possibly signaling that the Seventh Circuit will change course and read Title VII as prohibiting sexual orientation discrimination. Background Title VII prohibits employment discrimination based on race, color, religion, sex and national origin; the prohibitions apply to... READ MORE

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HHS Nondiscrimination Regulations Challenged in Federal Court

[08/25/16]

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

[08/24/16]

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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Transgender Employee’s EEOC Claim Against Religious Employer Dismissed Under Religious Freedom Restoration Act

[08/19/16]

Posted on August 19, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

On August 18, 2016, Judge Sean F. Cox in the U.S. District Court for the Eastern District of Michigan ruled that a funeral home business did not violate the law when it terminated a transgender employee who wished to dress as a woman. This decision is significant because it is one of the first... READ MORE

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

[02/13/14]

Posted on February 13, 2014 in Health Law News

Published by: Hall Render

“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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Sometimes It’s Not Good to Be King: Co-Owner of Corporation Is Not Entitled to Title VII’s Protections

[11/21/13]

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

Written by: Dana E. Stutzman

Previous blog posts have highlighted the importance of analyzing, for purposes of both day-to-day operations and litigation strategy considerations, whether, as an initial matter, an individual can even invoke the anti-discrimination protections available under certain federal employment laws (e.g., Title VII, ADA, ADEA, ERISA). For example, our May 11, 2012 post analyzed whether a... READ MORE

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