News & Analysis as of

Hostile Environment Health Care Providers

Mandelbaum Barrett PC

Increase in Adverse Actions Against Medical Providers Relating to Workplace Civility and Communication in Hospital Settings

Mandelbaum Barrett PC on

Standards of acceptable workplace behavior have changed drastically over the last several years, and the key to staying out of trouble is to remain current regarding the legal standards of civility and communication. In the...more

Littler

OSHA Moves One Step Closer to Proposing a Rule Addressing Workplace Violence in the Healthcare and Social Assistance Industries

Littler on

On March 1, 2023, the Occupational Safety and Health Administration (OSHA) formally convened the Small Business Advocacy Review (SBAR) Panel regarding a possible Prevention of Workplace Violence in Healthcare and Social...more

Rumberger | Kirk

Workplace Violence: What Hospital Executives and Administrators Need to Know

Rumberger | Kirk on

In today’s world, hospitals have to be prepared for anything and everything, and not just medical emergencies. They have to be prepared to handle all types of workplace violence, from active shooters to abuse from...more

Seyfarth Shaw LLP

House Passes Legislation on Workplace Violence in Healthcare and Social Assistance

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and...more

Husch Blackwell LLP

Fifth Circuit Rules Harassment By Patients In The Healthcare Industry Deserves Special Consideration, But Employer May Still Be...

Husch Blackwell LLP on

Courts recognize the complication that exists when determining what constitutes actionable harassment where a healthcare employee is a caretaker for a patient with diminished capacity. The Fifth Circuit Court of Appeals...more

Jackson Lewis P.C.

Developing Best Practices For Addressing Workplace Violence In The Homecare And Assisted Living Settings

Jackson Lewis P.C. on

In the wake of a recent uptick in workplace violence based lawsuits against home care and assisted living providers, lawmakers introduced a bill in the U.S. House of Representatives on November 16th that would require health...more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Seyfarth Shaw LLP

Workplace Safety Comes to the Forefront for Expanding Healthcare Industry

Seyfarth Shaw LLP on

Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Healthcare workers face a range of safety issues,...more

Fisher Phillips

Protecting Employees From Patient Harassment: It’s No Laughing Matter

Fisher Phillips on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Jackson Lewis P.C.

Fifth Circuit Permits Employee Allegedly Harassed By Patient To Proceed To Trial

Jackson Lewis P.C. on

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...more

Seyfarth Shaw LLP

Cal/OSHA Drafts Rules For Workplace Violence Prevention In General Industry

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public...more

Epstein Becker & Green

Second Circuit Decision in Sexual Harassment Case Shows Heightened Risk for Health Care Employers

Epstein Becker & Green on

Health care employers should be aware that a recent holding from the U.S. Court of Appeals for the Second Circuit may indicate that courts and juries are beginning to weigh in on the dramatic sexual harassment developments,...more

Fisher Phillips

The Patient Is Not Always Right: Discriminatory Staffing Requests Can Create Legal Exposure

Fisher Phillips on

Employer reports of bigoted or inappropriate comments made by customers to employees or other patrons have become increasingly common for employers in all industries. In the healthcare industry, this often takes the form of a...more

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