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Title VII Hospitals

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Husch Blackwell LLP

Diagnosing the Future: Considering DEIA as a Treatment Plan for Healthcare Employers to Improve Patient Outcomes

Husch Blackwell LLP on

We’ve emerged from the traditional winter season of flu, strep, and stomach viruses (often on repeat for those with small children) and are well into the traditional spring season of sneezing, sniffling, and coughing. As...more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

Dorsey & Whitney LLP on

Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more

Jackson Lewis P.C.

What Healthcare Employers Need to Know About the Centers for Medicare & Medicaid Vaccine Mandate

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The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers....more

Bricker Graydon LLP

More federal courts dismiss legal challenges to hospital vaccine mandates

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In early September 2021, a group of current and former employees of St. Elizabeth Medical Center in Kentucky filed suit challenging St. Elizabeth’s vaccine mandate for its employees. In the case of Beckerich v. St. Elizabeth...more

Roetzel & Andress

Kentucky Federal Court Allows Hospital To Proceed With Vaccination Policy For Employees

Roetzel & Andress on

In what is likely to be just the first of many court challenges to private employer COVID-19 vaccination requirements, a United States District Court judge in Kentucky refused to stop a hospital from requiring its employees...more

Polsinelli

Flattening the Curve: Are Vaccination Mandates a Viable Strategy for Hospitals?

Polsinelli on

Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) vaccines hold promise to control the pandemic and help restore normal social and economic life, even as variant threats loom. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mandating COVID-19 Vaccines in Hospitals

On June 4, 2021, a federal judge denied a request for a temporary restraining order that would have blocked Houston Methodist Hospital (the “Hospital”) from requiring its employees to receive one of the currently-available...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

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On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more

Holland & Knight LLP

Religious Institutions Update: March 2021

Holland & Knight LLP on

Attendance Limitations on Houses of Worship Enjoined In Agudath Israel of America v. Cuomo, 983 F. 3d 620 (2d Cir. 2020), the court of appeals reversed two district courts and ruled that an executive order that limited...more

Arnall Golden Gregory LLP

The COVID-19 Vaccine and Healthcare Employers: To Mandate or Not to Mandate?

With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more

Hinshaw & Culbertson - Employment Law...

Medical Staff Member Deemed Independent Contractor, Not Eligible for Title VII Protection

When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Let the Masking Debate Continue, but Maybe Not in Our Hospitals

In 2015, long before COVID-19 emerged, a hospital disciplined and discharged a recruiter in its HR department who refused to obtain a hospital-required influenza vaccination or to don a mask at work as an alternative. In a...more

Manatt, Phelps & Phillips, LLP

Court Sides With Nurse in Discrimination Suit

Claims of racial bias brought by a black nurse who was reassigned by her employer after a white patient complained can move forward, a federal court in Michigan ruled, writing that any intentional use of race—even for benign...more

Fisher Phillips

Private Physician Plaintiff Not “Employee” Of Hospital For Title VII Purposes

Fisher Phillips on

A federal appeals court recently rejected a physician’s employment discrimination lawsuit against a hospital that revoked her privileges because it found her not to be an “employee” eligible to bring such a claim. The lessons...more

Jackson Lewis P.C.

Hospital Privileges Do Not Confer Employment Status For Purposes Of Title VII Liability, Seventh Circuit Holds

Jackson Lewis P.C. on

Having the power to grant, deny, or revoke hospital privileges does not give rise to liability under Title VII of the Civil Rights Act of 1964, according to a recent decision by the Court of Appeals for the Seventh Circuit....more

Proskauer - Law and the Workplace

Seventh Circuit Reaffirms Test for Employee Status

On May 8, 2019, the Seventh Circuit reaffirmed its test for determining employee status under federal anti-discrimination laws, holding that a physician lacked standing to bring Title VII claims against the hospital at which...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

It’s Flu Season Again...Are Your Mandatory Vaccination Policies Immune to Legal Challenges?

With flu season here and reported incidents of deaths caused by diseases thought to have been eradicated by vaccines on the rise, many healthcare providers are considering mandatory vaccination of employees. The Centers for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

#MeToo in Medicine: Year in Review

In the year since the #MeToo movement took off in the wake of the exposé in The New York Times on Harvey Weinstein that shook the entertainment world, emboldened women (and men) have come forward to shine a light on sexual...more

Poyner Spruill LLP

Title IX - A New Pathway for Sex Discrimination Claims by Medical Residents?

Poyner Spruill LLP on

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (Title IX) has received a lot of attention recently for its impact on college athletic programs. Both male and female sports have grown increasingly...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

U.S. Equal Employment Opportunity Commission...

Montrose Memorial Hospital to Pay $400,000 To Settle EEOC Age Discrimination Lawsuit

Longtime Workers Were Fired or Forced to Quit Due to Their Age, Federal Agency Charged - MONTROSE, Colo. -- Montrose Memorial Hospital will pay $400,000 and furnish other relief to settle an age discrimination lawsuit...more

U.S. Equal Employment Opportunity Commission...

Trinity Hospital to Pay $95,000 To Settle EEOC Pregnancy Discrimination Suit

Minot Hospital Failed to Provide Reasonable Accommodations for Restrictions Related to Nurse's Pregnancy, Federal Agency Charged - MINNEAPOLIS - Trinity Health, doing business as Trinity Hospital in Minot, ND, will pay...more

Fisher Phillips

Healthcare Industry Sees Increase In Age Discrimination Claims

Fisher Phillips on

Lawyers and medical professionals have noticed a recent uptick in age discrimination claims in the healthcare industry. What is causing this increase? Is it simply a statistical fluke, or are there specific reasons the...more

Baker Donelson

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

Baker Donelson 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

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