Title VII prohibits discrimination at the workplace based on race, color, sex, and national origin. But, only “employees” can bring claims under Title VII as the law does not protect independent contractors. The Tenth Circuit (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) was asked to determine whether a locum tenens physician was an
discrimination
Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients
Title VII of the Civil Rights Act requires healthcare employers to protect their medical staff and employees from harassment and discrimination and respond to any such behaviors swiftly and effectively, even if the actor is a patient, rather than a coworker or supervisor. A decision from the U.S. Court of Appeals for the Fifth Circuit…
“Vaccinate” Your Mandatory Flu Shot Policies Against Litigation
As we have just survived one of the worst flu seasons in recent memory, now is a good time to consider whether you should implement or revise a mandatory flu shot policy for 2018. The Center for Disease Control and Prevention recommends all United States healthcare workers obtain annual flu vaccines. While many healthcare employers…
Affirmative Action Training May Be Your Best Friend
Many hospitals and healthcare facilities are federal contractors. Jackson Lewis regularly provides specialized assistance in developing and implementing affirmative action plans (AAPs). Some of the specific services we offer include:
- Identifying pertinent labor market areas and analyzing census-related statistical data
- Providing sample plan texts, notices, letters and policy statements
- Preparing utilization and availability analyses
- Conducting
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#TimesUp for the Healthcare Industry? Not If You Use the Frenzy to Make Meaningful Culture Change
As #MeToo and #TimesUp initiatives sweep the nation, the healthcare industry should pay attention.
Recent nationwide media attention on sexual harassment in healthcare, coupled with stressful work environments, means healthcare employers have their share of workplace issues. However, healthcare employers have a unique opportunity to make meaningful culture change happen now – both in the…
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…
Inability to Perform Essential Job Functions after FMLA Leave Sinks LPN’s Disability Discrimination, FMLA Claims
A senior living facility lawfully terminated an LPN when, following knee replacement surgery and the expiration of her FMLA leave, she could no longer perform the essential functions of her job, a federal district court has found.
Continue Reading Inability to Perform Essential Job Functions after FMLA Leave Sinks LPN’s Disability Discrimination, FMLA Claims