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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 Commits Unfair Labor Practice by Unilaterally Changing Dress Policy and Failing to Respond to Union’s Information Request

A hospital violated the National Labor Relations Act when it changed its dress policy without first giving the union representing its nurses an opportunity to bargain and by failing to provide information the union requested regarding the policy, a National Labor Relations Board administrative law judge has found in Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County, Case No. 04-CA-097635 (Sept. 10, 2013).… Continue Reading

Ruling in Noel Canning Leaves Unanswered Questions For Internal Investigations In Healthcare Industry

The U.S. Court of Appeals for the District of Columbia Circuit has ruled in Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), that President Obama’s “Recess Appointments” of three new NLRB members in January 2012 were unconstitutional and, as a result, the Board lacked any constitutional authority to … Continue Reading

Obamacare Imposes New Compliance Program Requirements for Nursing Facilities

Under the Patient Protection and Affordable Care Act of 2010 (PPACA), also known as Obamacare, all nursing facilities and skilled nursing facilities must have a compliance and ethics program that contains certain statutorily-required elements by March 23, 2013. The program must be effective in preventing and detecting criminal, civil, and administrative violations under PPACA and … Continue Reading

Court Holds No Private Right of Action in “Church Amendment,” Dismisses Nurse’s Claim Against Hospital

The Church Amendment (42 U.S.C. §300a-7(c)) provides that no entity receiving federal funding may discriminate in the employment of any physician or health care personnel because he or she performed or refused to perform a lawful sterilization procedure or abortion.  An Operating Room Nurse filed suit against a New York hospital arguing that the hospital … Continue Reading