Archives: Discrimination Claim Risk Avoidance

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Hospital May Fire Employee Who Refused Influenza Vaccination, Federal Court Finds

A Boston hospital reasonably accommodated an employee’s religious objections to its influenza vaccination program by offering alternatives, but exempting the employee from the vaccination requirement would impose an undue hardship on the hospital because of the risk of infection to patients, a federal court in Massachusetts has concluded, granting the hospital’s motion for summary judgment … Continue Reading

Respiratory Therapist May Proceed with Civil Rights Claims Based on Patient’s Request That He Not Be Treated by Black Employees

A respiratory therapist can proceed with her civil rights claims because questions remain about whether her hospital employer intended to honor a patient’s request that he not be treated by black employees, a federal court has ruled. Caprice McCrary v. Oakwood Healthcare, Inc., C.A. No. 14-14053 (E.D. Mich. Mar. 16, 2016). Caprice McCrary, an African-American, … Continue Reading

Inconsistent Discipline of Female and Male Mental Health Technicians Bars Summary Judgment for Hospital

Where a former female employee showed a hospital imposed lesser disciplinary action upon male employees for infractions similar to the one that led to her discharge, her sex discrimination claims can proceed, a federal appeals court has ruled, reversing summary judgment for the hospital. Jackson v. VHS Detroit Receiving Hospital, Inc., No. 15-1802 (6th Cir. … Continue Reading

Court Finds No FMLA Violation, Disability Discrimination Where Hospital Terminates Nurse with Migraine Who Slept While On Duty

A federal court in Ohio has dismissed Family and Medical Leave Act and disability discrimination claims filed by a nurse who was caught sleeping while on duty and fired.  Lasher v. Medina Hosp., et al., C.A. No. 1:15CV00005 (N.D. Ohio Feb. 5, 2016). The court found the hospital had a legitimate, nondiscriminatory reason for terminating … Continue Reading

EEOC Finds Hospital’s Leave Policy Unlawful, But Court Dismisses Nurse’s ADA Claims

A federal court in Texas has dismissed a nurse’s disability discrimination and retaliation claims because she failed to establish she was qualified to perform the duties of her position with or without reasonable accommodation even after the EEOC found the employer’s six-month cap on leaves of absence violated the American with Disabilities Act. Salem v. … Continue Reading

Discrimination and Retaliation Claims of Nurse with Night Blindness May Proceed, Federal Court Rules

Denying a nursing home’s motion for summary judgment, a federal court in Tennessee has allowed a nurse who suffered from impaired vision to proceed with her age and disability discrimination claims and a claim for retaliation. Harris v. MatureCare of Standifer Place, LLC d/b/a The Health Center at Standifer Place, C.A. No. 1:14-CV-64 (E.D. Tenn. … Continue Reading

Nurse’s Request to Use Cane in Behavioral Health Unit Not a Reasonable Accommodation, Court Rules

A nurse’s request to use a cane while working in a hospital’s behavioral health unit is not a reasonable accommodation under the Americans with Disabilities Act, a federal district court in Florida has ruled. United States Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., No. 8:13-cv-2723-T-30TGW (M.D. Fl. Feb. 18, 2015). Leokadia Bryk worked … Continue Reading

Physician Whose Clinical Privileges Were Revoked Can Proceed With Hostile Work Environment Claim, Court Finds, But Dismisses Antitrust Claim

A physician may proceed with her hostile work environment claims after a hospital revoked her clinical privileges, but may not continue with her antitrust claims because she failed to plead an antitrust injury, a federal district court ruled.  Levitin and Chicago Surgical Clinic, Ltd v. Northwest Community Hospital, et al., No. 13 C 5553 (N.D. … Continue Reading

No Race Discrimination in Termination for Circulating E-mail Critical of President, Federal Court Finds

A white nurse failed to establish that her termination for circulating an e-mail critical of President Obama occurred because of her race, a federal appeals court has found, affirming summary judgment for the employer.  DeCarolis v. Presbyterian Medical Center of the Univ. of Pennsylvania Health System, d/b/a Penn Presbyterian Med. Ctr., No. 12-3647 (3d Cir. … Continue Reading

Employer’s Policy Accommodating Only Work-Related Lifting Restrictions Could Be Pretext for Pregnancy Discrimination, Court Finds

A nursing home’s policy of accommodating only restrictions from work-related incidents could be pretext for pregnancy discrimination, a federal appeals court ruled, reversing summary judgment in favor of the nursing home.  Jennifer Latowski v. Northwoods Nursing Center, No. 12-2408 (6th Cir. Dec. 23, 2013). After learning that a nursing assistant was pregnant, the nursing home … Continue Reading

Hospital Worker Fails To Show That Termination For HIPAA Violation Was Discriminatory

A hospital lawfully terminated an employee for improperly accessing a co-worker’s lab results and refusing to admit to doing so, a federal district court in Mississippi has found in Cosby v. Vicksburg Healthcare, LLC D/B/A River Region Medical Center, et al., No. 5:11cv159-KS-MTP (S.D. Miss. May 16, 2013), rejecting the former employee’s claim of discrimination.   … Continue Reading

Facebook Photos Reveal Employee Dishonesty, Termination of RN on FMLA Leave by Medical Center Proper

An RN on FMLA leave lawfully was discharged from her position at Detroit Medical Center when her employer discovered she had misrepresented her alleged medical condition in her FMLA leave request, a federal district court has determined. Lineberry v. Detroit Medical Center, et al., Case No. 11-13752 (E.D. Mich., S.D. Feb. 5, 2013). Although the … Continue Reading

Minnesota Plaintiffs Granted Additional Time To Commence Suit Against Employers

In one of the last decisions of 2010, a Minnesota federal judge issued an opinion that flipped on its head the statutory time limitations imposed upon an individual’s right to sue under the Minnesota Human Rights Act (“MHRA”), greatly eroding an employer’s ability to determine predict when the threat of litigation is over.  The MHRA … Continue Reading

CAT’S PAW LIABILITY RECOGNIZED BY THE SUPREME COURT

The U.S. Supreme Court has ruled unanimously that employers may be subject to liability in discrimination cases even if the ultimate decision-maker was not biased toward the employee.  Staub v. Proctor Hospital, No. 09-400 (March 1, 2011).   In this case, Vincent Staub filed a lawsuit against Proctor Hospital after he was discharged from his position … Continue Reading

Nursing Home Headed To Jury Trial On Race Discrimination And Retaliation Claim Brought By A Former CNA

In Clark v. Chickasaw County, Mississippi, d/b/a Shearer-Richardson Memorial Nursing Home,[1] a full-time Certified Nurses Assistant (“CNA”) alleged discrimination on the basis of her race (Black) and retaliation for having made complaints of discrimination.  Ms. Clark complained to the Administrator of the Nursing Home regarding what she believed to be discriminatory practices by her supervisor … Continue Reading
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