News & Analysis as of

Title VII › Health Care Providers

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 -
Seyfarth Shaw LLP

What To Do When Your Healthcare Employee Objects To Providing Treatment Based on Religious Grounds

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the myriad claims for religious accommodation that came out of mandatory COVID vaccination policies, employers have become familiar how to handle requests for religious accommodation in the workplace. ...more

Parker Poe Adams & Bernstein LLP

EEOC Settlement of Flu Vaccine Mandate Shows Effect of New Religious Discrimination Standard

Parker Poe Adams & Bernstein LLP on

As flu and other respiratory virus rates peak across the U.S., hospitals and other health care providers are responding by taking measures such as limiting patient visitors. For years, one element of this response has...more

Dorsey & Whitney LLP

What risks do employers face by excluding coverage for gender affirming care in their health plans?

Dorsey & Whitney LLP on

In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. ...more

Morgan Lewis

House Passes Mental Health Matters Act: What Employers, Insurers, and ERISA Plan Administrators Need to Know

Morgan Lewis on

The Mental Health Matters Act, passed in the US House of Representatives on September 29, significantly expands the US Department of Labor’s authority to enforce or file civil litigation with respect to mental health parity...more

Fox Rothschild LLP

The Supreme Court’s Dobbs Ruling Creates a Variety of Significant Legal Issues

Fox Rothschild LLP on

The Supreme Court of the United States held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood...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

Holland & Hart - Health Law Blog

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

Holland & Hart - Health Law Blog on

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully...more

Foley Hoag LLP

Details on OSHA, CMS Vaccination Rules Released

Foley Hoag LLP on

On November 6, 2021, the Fifth Circuit Court of Appeals temporarily blocked enforcement of the OSHA vaccination-or-testing rule. Citing “grave statutory and constitutional issues” with the rule, a three-judge panel issued the...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Husch Blackwell LLP

CMS Interim Final Rule: Hard Vaccine Mandate for Healthcare Facilities

Husch Blackwell LLP on

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of...more

Foley & Lardner LLP

EEOC Updates Its Guidance on COVID-19 Vaccines Ahead of OSHA’s Emergency Temporary Standard

Foley & Lardner LLP on

As we await OSHA’s highly anticipated Emergency Temporary Standard (ETS)—which will require certain employers to implement “vaccine-or-test” policies—the Equal Employment Opportunities Commission (EEOC) recently updated its...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

Spilman Thomas & Battle, PLLC

Nursing Home COVID-19 Vaccination Mandate

Spilman Thomas & Battle, PLLC on

President Biden is putting nursing homes on notice that all of their employees will need to be vaccinated against COVID-19, if the homes intend to continue participating in Medicare or Medicaid. The administration has...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

Husch Blackwell LLP

What’s In A name?: Federal Court In Indiana Dismisses Teacher’s Religious Discrimination Over The Use Of Students’ Preferred Names

Husch Blackwell LLP on

John Kluge, a former music and orchestra teacher at Brownsburg Community School Corporation (“BCSC”) allegedly was forced to resign after refusing to refer to transgender students by the names selected by the students, their...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Constangy, Brooks, Smith & Prophete, LLP on

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Jackson Lewis P.C.

EEOC Updates Its Guidance On Vaccine Mandates, Incentives, Confidentiality

Jackson Lewis P.C. on

In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...more

Nossaman LLP

Can a Healthcare Provider Require Employees to Take a COVID-19 Vaccine?

Nossaman LLP on

The short answer is yes, subject to certain exceptions and requirements. On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued guidance on whether employers can require their employees to take a...more

Spilman Thomas & Battle, PLLC

Guidance Regarding Mandatory Vaccination Requirements for Employees and Residents of Long-Term Care

Spilman Thomas & Battle, PLLC on

Long-term care facilities have been the epicenter of COVID-19 infections and deaths. According to the Centers for Disease Control and Prevention (“CDC”), nursing homes and other long-term care populations are at a high risk...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: EEOC Issues Guidance On COVID Vaccines

Constangy, Brooks, Smith & Prophete, LLP on

And employers will like it. NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins. The U.S. Equal Employment Opportunity...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Religious Beliefs

White and Williams LLP on

As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination...more

Genova Burns LLC

Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination Program

Genova Burns LLC on

We have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal...more

McDermott Will & Emery

Policy Outlook: How The 2020 Election Outcomes Will Impact Your Business - Health Policy

McDermott Will & Emery on

In this session, health law policy authorities discussed changes likely in 2021 in a Biden Administration and how these changes will impact business objectives and strategies for health industry stakeholders...more

McDermott Will & Emery

[Webinar] Policy Outlook: How The 2020 Election Outcomes Will Impact Your Business - November 5th, 12:00 pm - 2:15 pm EST

McDermott Will & Emery on

Are you prepared for the critical impacts of the US election outcome to you and your business in 2021 and beyond? Join McDermott’s lawyers and our policy and lobbying team for perspective on the effects of administration...more

Ballard Spahr LLP

Court Issues Injunction Against Revised ACA Nondiscrimination Rules

Ballard Spahr LLP on

The U.S. District Court for the Eastern District of New York blocked federal rules seeking to remove nondiscrimination protections for health care patients. The blocked rules would have removed protections against...more

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