On May 10, 2019, a bill amending New York City’s administrative code related to prospective employee drug-testing officially became law for New York City employers. While the law does not go into effect until May 10, 2020, it is the first of its kind in the nation. The law prohibits employers from requiring applicants to
Michael J. Kozimor
February Forecast for Healthcare Employers: Expect Flurry of FLSA Wage and Hour Suits
By Michael J. Kozimor on
Posted in Healthcare
Healthcare employers can expect the rise of class action lawsuits to continue, as 2019 has seen a steady influx of class actions against healthcare employers under the Fair Labor Standards Act (FLSA) and various state wage-and-hour counterparts.
A hospital system is defending a class action suit filed by nurses in Oregon alleging that they were…
Class Certification Denied in Physician Equal Pay Lawsuit Under a Blanket Compensation Plan
By Michael J. Kozimor on
Posted in Healthcare
An Illinois District Court recently denied certification of a class of female physicians claiming that their employer’s pay practices unlawfully discriminated against women in violation of Title VII, the Illinois Equal Pay Act, and the Illinois Civil Rights Act (Ahad v. Board of Trustees of Southern Illinois University).
Plaintiff alleged that the implementation…
Seventh Circuit Holding in Sexual Orientation Fair Housing Lawsuit May Foreshadow Similar Claims Brought Against Health Care Providers
By Michael J. Kozimor on
Posted in Healthcare
On August 27, 2018, the Seventh Circuit Court of Appeals reversed an Illinois District Court in holding that a seventy-year-old homosexual woman could maintain her Fair Housing Act (FHA) claims against retirement community, Glen St. Andrew Living Community, for failing to take reasonable steps to prevent the “torrent of physical and verbal abuse from other…
EEOC’s Notice Pleading Survives Motion to Dismiss in Failure to Accommodate and Wrongful Termination Suit
By Michael J. Kozimor on
Posted in Healthcare
A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc. (“Advance”). The plaintiff was discharged after she could not return to work without restrictions following exhaustion of her FMLA leave.…