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EEOC’s Recent Challenges to Corporate Wellness Programs

In its third lawsuit targeting a wellness program, the United States Equal Employment Opportunity Commission (EEOC) sought to enjoin Honeywell International, Inc. (Honeywell) from requiring employees who do not participate in...more

EEOC Attacks Another Wellness Program

EEOC Files Lawsuit and Motion for TRO and Injunction. Last week, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court of Minnesota to prevent Honeywell International Inc. (Honeywell)...more

Federal Judge Rejects EEOC's Attempt to Block Honeywell's Wellness Program

Last week, EmployNews reported a lawsuit filed against Honeywell by the Equal Employment Opportunity Commission challenging a new wellness program the agency alleged violated the Americans with Disabilities Act and the...more

Federal Judge Denies EEOC’s Petition for Temporary Restraining Order; Allows Employer to Penalize Employees Who Decline to...

Last week, we blogged about the EEOC’s recent litigations involving employee wellness programs, including the Honeywell case where the EEOC sought to prohibit Honeywell from penalizing employees who decline to participate in...more

EEOC Sues Honeywell for Biometric Screening Requirement in Wellness Plan

Last month’s EmployNews reported on two new lawsuits filed by the Equal Employment Opportunity Commission challenging alleged excessive financial penalties included in employer-sponsored wellness plans. On Monday, the EEOC...more

With Prejudice: Judge Dismisses FCA Claim and Orders Sanctions Against Attorney

On October 16, 2014, United States Magistrate Judge Jeremiah McCarthy of the Western District of New York issued a Report and Recommendation to District Judge William Skretny in which he recommended dismissal with prejudice...more

Government Issues New Rules for Religious Employers, But Health Plans, TPAs, and PBMs are still on the Hook to Provide...

The Affordable Care Act (“ACA”) requires that non-grandfathered health plans make preventive care and screenings available to their members at no cost (i.e. no deductibles, coinsurance, or co-payments). The Department of...more

White Attorney George Dulin Awarded $82,000 in Racial Discrimination Claim Against Greenwood Leflore Hospital Board

In Dulin v. Board of Commissioners of the Greenwood Leflore Hospital, the Fifth Circuit Court of Appeals affirmed an $82,000 jury award to George Dulin, a white attorney who claimed his former employer, the Greenwood Leflore...more

Even The Doctor Is Not Immune

A federal jury recently awarded $350,000 in punitive and compensatory damages to three former employees of Endoscopic Microsurgery Associates, a Baltimore-area medical practice, who were subjected to unwanted sexual advances...more

Oklahoma Supreme Court Upholds New Discrimination Damages Caps as Constitutional

In late February, 2014, the Oklahoma Supreme Court, in MacDonald v. Integris Health, 2014 OK 10, upheld November 2011 amendments to the Oklahoma Anti-Discrimination Act (OADA), which abrogated common law remedies for victims...more

Nurse Anne Mitchell’s Whistleblowing Almost Blew Out Whistleblowing in Texas

The Winkler County nurses trials began with two nurses, Anne Mitchell and Vicki Galle, filing an anonymous complaint with the Texas Medical Board regarding the substandard care provided by Dr. Rolando Arafiles Jr. When...more

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

Surprising Risk of Discrimination Claims for Restaurants Moving Away from Meal Customization

Chicago, IL, April 15, 2013 - Many restaurants, especially upscale and higher-end independents, are moving toward prix-fixe menus, tasting menus, and policies that restrict additions, subtractions, and substitutions. Such...more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

DOJ ADA Settlement Involving Hepatitis B Sends Critical Message to Higher Ed and Medical Providers

The DOJ has concluded that two medical schools had no lawful basis for excluding applicants who had active cases of Hepatitis B because they could not show that these individuals posed a direct threat to the health and safety...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

Healthcare Update, No. 4, November 2012: Hospital Receptionist Harassed By Patient – EEOC Sues

Today, most healthcare employers are sensitive to issues of workplace harassment, although the focus of that sensitivity is usually upon issues involving co-worker to co-worker and supervisor to subordinate conduct. It is...more

Revolution in Disputes Between Hospitals and Their Physicians?

Originally published in the Daily Journal on August 24, 2012. A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more

More Big Pharma Companies Cough Up Big Dollars in DOJ Settlements

The parade of major drug companies coughing up nine-digit or ten-digit dollar amounts in settlements with the U.S. government is continuing. GlaxoSmithKline recently broke a record by agreeing to pay the federal...more

New California Law Prohibits Genetic Discrimination and Can Result in Significant Damages If Violated

On September 6, 2011, California Gov. Jerry Brown signed into law the California Genetic Information Nondiscrimination Act (CalGINA), which will take effect on January 1, 2012. CalGINA amends anti-discrimination laws already...more

La responsabilità' professionale dello psichiatra

La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more

EEOC: Hospital Cannot Refuse to Hire "Latex Glove Allergic" Employees

Just when you thought you had heard it all when it comes to discrimination claims, it has been recently reported that a California hospital system settled a discrimination suit involving their refusal to hire workers who were...more

Payment Matters: HHS Office of Civil Rights Levies First Civil Money Penalty for Violations of the HIPAA Privacy Rule - $4.3...

Cignet Health Center (Cignet), a provider of physician, imaging, and laboratory services, was recently ordered to pay $4.3 million as a Civil Money Penalty (CMP) for its failure to comply with the HIPAA privacy rule and its...more

Blanket Policies Can Increase Your Risk of A Class Action Lawsuit

Generally, employees have not been successful in trying to bring class actions under the Americans with Disabilities Act (ADA). The reason is that – unlike Title VII or the Age Discrimination in Employment Act – it's not...more

Fenwick Employment Brief - February 10, 2010

IN THIS ISSUE: *Account Executives Not Exempt Administrators Under California Law *No “Grossly Inflated” Attorneys’ Fees on $11,500 Retaliation Verdict *News Bites ..Arbitration Agreement with Discovery Limitation...more

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