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Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Medical Resident: Student, Employee, or Both? Third Circuit Finds Hospital Residency Program May Be Subject to Title IX

In a recent case of first impression, the Third Circuit found that a private teaching hospital’s residency program was an “education program or activity” for purposes of a discrimination claim asserted under Title IX of the...more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

by Proskauer Rose LLP on

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

by Littler on

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and...more

Medical Residents Can Sue Under Title IX, Third Circuit Holds

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...more

Third Circuit Rules Private Hospital Is Subject to Medical Resident’s Title IX Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Doe v. Mercy Catholic Medical Center, No. 16-1247 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit recently held that the nondiscrimination and anti-harassment protections of Title IX...more

California Employer Compliance 2017

by Lewitt Hackman on

There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more

Higher Education Highlights - Summer 2016

by Saul Ewing LLP on

On March 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), announced the launch of the 2016 Phase 2 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Audit...more

HHS Issues Final Rule on ACA Nondiscrimination in Health Programs and Activities

by Franczek Radelet P.C. on

On May 18, 2016, the Department of Health and Human Services (“HHS”) issued final regulations interpreting the nondiscrimination provisions of Section 1557 of the Affordable Care Act (“ACA”). The rule mainly impacts insurers...more

Georgia Legislative Session preview

by Dentons on

Dentons’ State Government Affairs team examines a battery of local third-rail issues on tap when the Georgia General Assembly convenes January 11. We look at expanded rail service in Atlanta, balancing religious freedom,...more

Religious Institutions Update: May 2015

by Holland & Knight LLP on

Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more

Supreme Court Grants Injunction to Religious University Barring Strict Enforcement of Accommodation Scheme for ACA Contraception...

by Franczek Radelet P.C. on

The United States Supreme Court granted Wheaton College, a religious non-profit college in Illinois, an injunction permitting the college to opt into the ACA contraception mandate’s accommodation scheme available to certain...more

Religious Institutions Update

by Holland & Knight LLP on

The U.S. Supreme Court ruled in Burwell v. Hobby Lobby Stores, Inc. that an existing contraceptive coverage mandate violates the Religious Freedom Restoration Act statute that applies to for-profit closely held corporations...more

ACA Not Enough to Save Penn State’s Employee Wellness Program

by Wilson Elser on

Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is...more

Religious Institutions Update: August/September 2013

by Holland & Knight LLP on

On August 2, 2013, the White House's Office of Management and Budget issued a memorandum instructing federal agencies to take steps to carry out President Obama's executive order (E.O. 13559 (Nov. 17, 2010)) adopting several...more

Feds Warn Medical, Dental, and Nursing Schools about Unlawful Discrimination against Students and Applicants with Hepatitis B

by Ballard Spahr LLP on

Three federal agencies recently publicized a joint agency letter that was sent to schools of medicine, dentistry, and nursing and other health-related schools about what the agencies perceive as potential discrimination...more

Religious Institutions: June 2013

by Holland & Knight LLP on

Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

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

by Saul Ewing LLP on

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

Palo Alto Boy Returns To School After DNA Flap

by Stephen Jaffe on

A Palo Alto 6th grade boy was allowed to return to his middle school after his family convinced the school officials that they did not need to worry about his genes....more

Boy In School Flap Over Cystic Fibrosis

by Stephen Jaffe on

A Palo Alto middle school ordered an 11 year old boy to move to another middle school 3 miles away because it believed that his genetic makeup was a health risk to some of its other students....more

New Jerseyans with Disabilities: Still Second Class Citizens

by Salvatore Pizzuro on

New Jerseyans with disabilities are still second class citizens, despite Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Indivisuals with Disabilities Education Acr, and New Jersey's Law...more

WHAT IS THE HILL-BURTON ACT?

by Paul Parks on

THIS DOCUMENT PROVIDES INFORMATION ABOUT THE HILL-BURTON ACT:In 1946, Congress passed a law that gave hospitals, nursing homes and other health facilities grants and loans for construction and modernization. In return, they...more

ARE YOU READY FOR HIPAA? A CHECKLIST TO MAKE SURE

by Paul Parks on

THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT: HIPAA- A CHECKLIST TO PREPARE YOU FACILITY OR OFFICE....more

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