Articles and Blogs

On August 17, 2020, just one day before a Health and Human Services (“HHS”) Patient Protection and Affordable Care Act (“ACA”) rule retracting discrimination protections for transgender people and pregnant women (“2020 Rule”)[1] was set to go into effect, Judge Frederic Block of the U.S. District Court in the Eastern District of New York... READ MORE

On Monday, June 15, 2020, the U.S. Supreme Court resolved three cases addressing whether discrimination based on sexual orientation and gender identity is illegal under Title VII of the Civil Rights Act of 1964. The Court determined that they are. It, therefore, reversed the Eleventh Circuit’s decision in Bostock v. Clayton County and remanded... READ MORE

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer... READ MORE

A federal district court in Nashville, TN has entered a summary judgment dismissal of a former Human Resources Director’s discrimination and retaliation claims. The case is significant because it explores the line between offensive social conduct that does not violate Title VII and adverse employment action that does. Discrimination Marie Hasting’s lawsuit asserted that... READ MORE

A recent denial of summary judgment by a U.S. District Court in New York reminds us that bias-based comments can have serious consequences for hospitals and other employers, including that their employment decisions may be undermined. The ruling also suggests that, in certain situations, requiring a waiver of claims may be considered retaliatory. Facts... READ MORE

The Michigan Civil Rights Commission says it will now act on complaints made by patients, employees and others in Michigan who believe they were discriminated against on the basis of gender identity or sexual orientation. The Commission voted on Monday to consider such discrimination as a form of discrimination prohibited by the Elliott Larsen Civil... READ MORE

As we reported in a previous article, the Third Circuit recently decided in Doe v. Mercy[1] that: 1) the medical residency program of the facility being sued in that case was an “educational program or activity” under Title IX; and 2) the medical resident had standing to sue under Title IX even though the... READ MORE

On Tuesday, April 4, 2017, the Court of Appeals for the Seventh Circuit ruled that Title VII prohibits discrimination based on sexual orientation. This contradicts a recent Eleventh Circuit ruling[1]—not to mention longstanding Seventh Circuit precedent—which means that this issue could eventually land before the Supreme Court. Background Title VII is a federal law... READ MORE

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

The Court of Appeals for the Seventh Circuit will rehear a once-dismissed Title VII sexual orientation case, possibly signaling that the Seventh Circuit will change course and read Title VII as prohibiting sexual orientation discrimination. Background Title VII prohibits employment discrimination based on race, color, religion, sex and national origin; the prohibitions apply to... READ MORE