By Scott Rabe and Marlin Duro
Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong message that the Religious Freedom Restoration Act (RFRA) has minimal impact
Continue Reading Sixth Circuit Finds EEOC’s Enforcement of Title VII Does Not Need to “Give Way” to Religious Freedom Restoration Act
By Scott Rabe and Sam Schwartz-Fenwick
Seyfarth Synopsis: In landmark decision, the Second Circuit joins the Seventh Circuit in holding that Title VII prohibits discrimination on the basis of sexual orientation as a subset of sex discrimination.
In a landmark decision today in Zarda v. Altitude Express, Inc., No. 15-3775, the Second Circuit ruled en banc that Title
Continue Reading Second Circuit Holds That Title VII Bars Sexual Orientation Discrimination
Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated for failing to get a flu shot due to his religious beliefs. In affirming the District Court’s decision granting the employer’s motion to
Continue Reading No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot
By Scott Rabe, Sam Schwartz-Fenwick, and Marlin Duro
Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western District of Oklahoma held that Title VII protects transgender individuals from discrimination. Tudor v. Se. Okla.
Continue Reading TITLE VII: Court Breaks from Department of Justice on Transgender Rights
By Erin Dougherty Foley and Craig B. Simonsen
Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems” with the employee’s care-giving — and ultimately led to her termination. The Sixth Circuit Court agreed with the
Continue Reading Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse
By Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron
Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private employers seeking to use their religious faith to engage in otherwise prohibited discriminatory conduct.
In a bombshell week,
Continue Reading The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty
By Gena B. Usenheimer and Kaitlyn F. Whiteside
Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour shifts are entitled to pay for all hours present in a client’s home, including sleeping and meal periods. With this
Continue Reading Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an Overnight Shift
By Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron
Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment.
Recently, in a dramatic shift, the Department of Justice broke ranks with the Equal Employment Opportunity Commission, and filed an amicus
Continue Reading Management Alert – The Current Federal Retrenchment on LGBT Rights
By Mark A. Lies, II and Craig B. Simonsen
Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.
In one case, decided by the United States Court of Appeals
Continue Reading Workplace Violence – Putting Employers on the Horns of a Dilemma
By James L. Curtis and Craig B. Simonsen
OSHA recently released its Safe Patient Handling — Preventing Musculoskeletal Disorders in Nursing Homes Fact Sheet. OSHA Fact Sheet (OSHA FS-3707, 2014).
OSHA, on its Healthcare webpage, indicates that more workers were injured in the healthcare and social assistance industry sector in 2010 than any other. Reviewing Bureau of Labor Statistics
Continue Reading Healthcare Industry Receives New Fact Sheet on Musculoskeletal Disorders in Nursing and Residential Care Workers