News & Analysis as of

Hospitals Civil Rights Act

Husch Blackwell LLP

What Medical Schools and Hospitals Should Know About HHS OCR’s Newly Announced DEI-Targeted Investigations

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On March 7, 2025, the U.S. Department of Health and Human Services (HHS) announced that its Office for Civil Rights (OCR) had initiated four investigations into unnamed medical schools and hospitals over allegations that the...more

McDermott Will & Emery

HHS OCR Investigates Medical Schools and Hospitals for Race- or Sex-Based Programs

McDermott Will & Emery on

On March 7, 2025, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it would begin investigating four medical schools and hospitals pursuant to President Donald Trump’s...more

Greenbaum, Rowe, Smith & Davis LLP

Hospital Policy for Universal Urine Drug Testing of Pregnant Women Comes Under Scrutiny for Alleged Violations of State Law...

The Attorney General of New Jersey and the Director of the New Jersey Division on Civil Rights jointly commenced a lawsuit against the Virtua Health System and its constituent hospitals alleging that its policy and practices...more

Bricker Graydon LLP

More federal courts dismiss legal challenges to hospital vaccine mandates

Bricker Graydon LLP on

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

Dorsey & Whitney LLP

Biden Administration Announces Broad Employer-Based Vaccination Requirements

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On September 9, 2021, the Biden Administration announced its new COVID-19 Action Plan (the “Action Plan”), which outlines a six-pronged approach to combat the pandemic. The wide-ranging Action Plan lays out plans to vaccinate...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

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

Mandatory Vaccination Policy Lawsuit Update: Nurses Take a Shot Against Hospital, But Judge Jabs Back

Many workplace leaders have been wondering, “Can we require employees to get the COVID-19 vaccine as a condition of employment?” According to a recent Ogletree Deakins benchmarking survey, most employers are not ready to...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

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

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

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

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

Seyfarth Shaw LLP on

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

Littler

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

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

Clark Hill PLC

Medical Residents May Sue Under Title IX

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In a decision likely to have significant implications for hospitals and other educational programs that receive federal financial assistance, the Third Circuit Court of Appeals recently held that a Philadelphia hospital can...more

Faegre Drinker Biddle & Reath LLP

Most-Invasive-Procedure-of-the-Month Award

Back in 2010 the police asked Dr. LaPaglia to conduct a body cavity search of Felix Booker. They were looking for illegal drugs. Dr. LaPaglia said yes and proceeded. First, he paralyzed Felix with drugs (legal ones). Then...more

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