Tag Archives: “Title VII”

Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial

A recent Fifth Circuit decision reminds healthcare employers that liability not only stems from potential harassment of employees by coworkers, but by patients as well. In Gardner v. CLC of Pascagoula, L.L.C. dba Plaza Community Living Center, 2018 U.S. App. LEXIS 17939 (5th Cir. June 29, 2018), the Fifth Circuit held that Kymberli Gardner, a … Continue Reading

Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action

The federal Fifth Circuit Court of Appeals recently issued an interesting decision finding that the actions of an employer’s peer review committee did not constitute an adverse employment action under Title VII of the Civil Rights Act of 1964. This decision was driven by the specific facts presented to the court, so it does not … Continue Reading

“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 … Continue Reading

Court Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear

An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer’s asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, a … 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

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
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