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

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Genetic discrimination lawsuits can result in substantial costs. California employers should regularly review their hiring and employment policies and procedures to ensure that they are not exposing...more

Golden State Worriers: California Labor & Employment Bills to Watch

by Littler on

When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative...more

Handful of State “Job Killer” Bills Move On to Second House

According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house...more

WPI Insider Briefing: What Will the Second Hundred Days of the Trump Administration Hold?

by Littler on

From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda....more

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

Eighth Circuit Grants Slight Reprieve To Mother Of Transgender Son In ACA Discrimination Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eighth Circuit upheld dismissal of Title VII claims challenging an employee benefit plan’s blanket transgender exclusion because the exclusion impacted the employee’s transgender son, not the employee....more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Medical Residents and Title IX - What Teaching Hospitals Need to Know

by Baker Ober Health Law on

Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private...more

Three Things Health Care Employers Should Know About Affordable Care Act Section 1557

by Baker Ober Health Law on

Health care providers are likely familiar with the Affordable Care Act's (ACA) prohibitions on discriminating against the recipients of their services, but providers also must be mindful that the ACA may also make them...more

What Employers Need to Know about Trump’s Religious Liberty Executive Order

by Fisher Phillips on

President Trump signed an executive order on religious liberty last week to commemorate the National Day of Prayer. Like many before it, the exact contents of this order were hotly anticipated, fueled by White House leaks and...more

Welcome To The Neighborhood: Hospitals Need To Get To Know Title IX  

by Fisher Phillips on

Hospital administrators are well aware their institutions are subject to a whole host of workplace-related federal statutes: Title VII of the Civil Rights Act, the Health Insurance Portability and Accountability Act (HIPAA),...more

An Industry In Transition: Gender Identity Issues Impacting Healthcare

by Fisher Phillips on

Employment law has always been on the cutting edge when it comes to emerging societal issues. Like little microcosms, the workplace reflects society as a whole. The healthcare industry is no exception. All people, regardless...more

Labor & Employment E-Note - April 2017

by Burr & Forman on

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for...more

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

by FordHarrison on

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

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

March Flabness: Wellness Programs, the ADA, and the Rising Costs of Employer-Provided Health Coverage

March Madness presents one of those occasions where your employees’ diets and exercise may fall by the wayside, and by the wayside, we mean potentially off a cliff. And when this happens, your workforce is increasing not just...more

Proposed Employee Wellness Legislation Might Undermine Protections of GINA

by Akerman LLP - HR Defense on

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R....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

The Siege Continues: The Justice Department is Investigating Four Additional Medicare Advantage Plans

In our prior blog post, we reported that, at the request of the federal Department of Justice, the FCA qui tam whistleblower lawsuit in the case of United States ex rel Benjamin Poehling v. United HealthGroup, Inc., et. al....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

Could Wellness Programs Be Making Your Company “Sick?” The Potential Perils of Collecting Biometric Data About Employees

by Foley & Lardner LLP on

Wearable devices that track and record personal biometric data are hardly new to the technology scene. In addition to the now-commonplace electronic pedometers and heart rate monitors, there are portable and wearable devices...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

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