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
Policies
EEOC Finds Hospital’s Leave Policy Unlawful, But Court Dismisses Nurse’s ADA Claims
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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.
Department of Health and Human Services Issues Compliance Resource for Governing Boards
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Posted in Policies
The Inspector General of the Department of Health and Human Services (HHS OIG), the American Health Lawyers Association, the Association of Healthcare Internal Auditors and the Health Care Compliance Association have released a joint educational resource to assist governing boards of health care organizations in carrying out their compliance plan oversight obligations.
This new resource…
OSHA Issues New Guidelines on Workplace Violence Prevention for Healthcare
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OSHA’s recent update to its Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers may be of particular interest to healthcare employers. Additional information about these updated guidelines can be found in this post on the Jackson Lewis OSHA Law Blog.
NLRB Finds Hospital Must Bargain with Union on Changes to Dress Code Policy
By Jackson Lewis P.C. on
A hospital’s newly implemented dress code policy was a material, substantial, and significant change to union employees’ terms and conditions of employment that required bargaining with the union, the NLRB has ruled. Salem Hospital Corp., 360 NLRB No. 95 (Apr. 30, 2014).
The hospital maintained a dress code policy, which allowed employees wide latitude…
NLRB Finds Employer’s Ban on Off-Duty Access Unlawful
By Jackson Lewis P.C. on
A nursing home’s policy prohibiting off-duty employees from remaining on its premises after their shift “unless previously authorized by” their supervisor interfered with the labor rights of employees, the NLRB has ruled. Piedmont Gardens, 360 NLRB No. 100 (May 1, 2014).
The union filed unfair labor practice charges against the employer, alleging among other…
Healthcare Employer’s Termination Letter Provides Basis For Court to Allow Discovery of Patient Contact Information
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The following post from our colleagues at the Jackson Lewis P.C. Workplace Privacy, Data Management & Security Report may be of particular interest to healthcare employers. Click here to be transferred directly to the link.
New York State Extends Prohibition Of Smoking To Outdoor Areas Around Healthcare Facilities
A new law has taken effect in New York State prohibiting smoking within 15 feet of a hospital or residential health care facility entrance or exit. The law specifically permits smoking by “a patient or a visitor or guest of a patient of a residential health care facility” in a specially designated area on the…
Employer’s Policy Accommodating Only Work-Related Lifting Restrictions Could Be Pretext for Pregnancy Discrimination, Court Finds
By Michael R. Bertoncini on
Posted in Discrimination Claim Risk Avoidance, Policies
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…
Health Care Personnel in New York Must Get Flu Vaccination or Wear a Mask
By Ana C. Shields on
Click here for the full article that appeared on Jackson Lewis’ website this week.