The absence of an adverse employment action by an employer routinely is fatal to a claim of discrimination (absent proof of constructive discharge). This bedrock principle was reiterated recently in a case where an applicant alleged that she was forced to resign after failing a physical abilities test. Jane D. Dicocco v. William P. Barr...… Continue Reading
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. Yelena Levitin, M.D. v. Northwest Community Hospital. For almost thirteen years, Dr. Yelena Levitin had performed...… Continue Reading
Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is intended to protect deficient job performance). In an instance where an employer decided to discharge a worker whose job...… Continue Reading
The United States District Court for the District of Columbia recently denied a Hospital’s motion to dismiss a Family and Medical Leave Act (“FMLA”) retaliation claim by a senior officer because of the close time proximity between a protest of alleged discriminatory treatment of a co-worker and the protester’s own discharge. Lott v. Not-For-Profit Hospital...… Continue Reading
To enable employees to deal with natural disasters and severe local weather, employers should prepare to address issues arising from employees’ inability to get to work. By itself, being stuck at home because of a blizzard is not a protected activity. This constitutes a personal absence warranting no protection under the law. However, if the...… Continue Reading
Despite “substantial evidence” supporting a jury’s verdict, a judge may weigh the evidence and set aside the verdict if it is contrary to the clear weight of the evidence. Federal Judge Richard A. Jones did just that in EEOC v. Trans Ocean Seafoods, Inc., No. 15-cv-01563 (W.D. Wash. Sept. 8, 2017). He granted the plaintiffs’ motion...… Continue Reading
The following posting from our colleagues on the Jackson Lewis P.C. website, as part of the Workplace Privacy, Data Management & Security Report, regarding privacy concerns related to Enterovirus and Ebola may be of particular interest to healthcare employers. Click here to be transferred directly to the link.
The following posting from our colleagues on the Jackson Lewis P.C. website, as part of the Workplace Privacy, Data Management & Security Report, regarding data breach notification requirements for healthcare providers in California may be of particular interest. Click here to be transferred directly to the link.
The following article from our colleagues on the Jackson Lewis P.C. website regarding a new Massachusetts law affecting nursing staffing ratios may be of particular interest to healthcare employers. Click here to be transferred directly to the link.
This week, the NLRB issued a long-awaited decision in Macy’s, Inc., 361 NLRB No. 4 (July 22, 2014). The Board had invited and considered amicus briefs from interested parties. In the case, the Board considered the application of Specialty Healthcare in a retail setting. The union filed a petition with the NLRB to represent only … Continue reading NLRB Continues To Apply And Expand Specialty Healthcare
