Healthcare employers can improve patient outcomes by infusing diversity, equity, inclusion, and accessibility (DEIA) into their hiring, retention, and training practices. Legal minimums require that employers cannot make employment decisions based on any protected category, including race, national origin, and sex. But beyond these requirements, healthcare organizations need to prioritize DEIA to mitigate negative patient
A medical school applicant recently filed suit, alleging that several Texas medical schools improperly rejected him by basing their admissions decisions on race and gender. The complaint asserts that these schools (along with “nearly every school and university in the United States”) participate in the practice known as affirmative action, giving preference to women and non-Asian minorities rather than candidates with more impressive academic accomplishments.Continue Reading The Future of Affirmative Action in Medical School Admissions
OSHA is currently considering a possible “Prevention of Workplace Violence in Healthcare and Social Assistance” rule. If passed, the Rule would apply to employers whose employees face an increased risk of workplace violence from their patients, clients, residents and/or facility visitors. Such employees include those who work in hospitals, ambulatory medical care or substance abuse…
Millions of women (and men) across Texas could be impacted by a new law that took effect on September 1 – but not the one you likely have in mind. In an unexpected move from a typically very pro-business state, the Texas Legislature passed and Governor Abbott signed two bills (Senate Bill 45 and House Bill 21) that significantly expand sexual harassment protections for employees in Texas, making the state’s laws more robust than federal employment laws in some respects.
The changes to the Texas Commission on Human Rights Act apply prospectively to actions occurring on or after September 1, 2021, and expand liability to employers of any size in Texas as well as individuals and increase the time limit for filing a sexual harassment charge. The key changes affecting Texas employers (including those with no physical presence, but employing remote workers in the state) are discussed below.Continue Reading #Y’allToo: Texas Expands Protections for Employee Sexual Harassment
On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled individuals, including individuals with long COVID, which entails new or recurring symptoms experienced by some individuals infected with COVID-19 that can last for months after the individual is first infected, even if the initial infection was mild. Due to the “persistent and significant” health issues presented by long COVID, the Office for Civil Rights of the Department of Health and Human Services (HHS) and the Civil Rights Division of the Department of Justice (DOJ) published guidance to explain the application of federal disability laws to individuals suffering from long COVID. The federal government also published a compilation of resources, some of which apply to employers, regarding accommodations for workers suffering from long COVID.
Continue Reading Long COVID as a Disability under Federal Anti-Discrimination Laws
Our Terry Potter and FAB’s Josef (Joe) Glynias are the latest Husch Blackwell attorneys to be named to a Missouri Lawyers Media POWER (log-in required) list covering Employment Law: https://lnkd.in/ew_HE2m
A former field attorney with the National Labor Relations Board (NLRB), Terry serves healthcare and higher education clients in labor and management relations matters. Joe…
If asked, most companies would wholeheartedly agree that accessibility for all customers and potential customers is good for business. Barb Grandjean and Jackie Coffman discuss Digital Spaces as Places of Public Accommodation for ABA Law Practice Today: https://lnkd.in/eknUjNB
On June 9, 2021, the Occupational Safety and Health Administration (OSHA) released its long anticipated interim final rule and request for comments for the Occupational Exposure to COVID-19; Emergency Temporary Standard (ETS). OSHA released the ETS one day after the approval of the standard was received from the Office of Information and Regulatory Affairs, Office…
As more businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address three questions many of our clients have asked during the past few weeks. The answers below focus on compliance with federal law. As always, employers will need to take state and local laws into consideration in addition to federal law.
Continue Reading Funny You Should Ask: Employer Considerations for Rehiring Employees
As of April 27, 2021, 29.1% of the U.S. population has been fully vaccinated for COVID-19. With COVID-19 vaccine eligibility expanding to the general public, and states and cities relaxing COVID-19 restrictions, employers face the new challenge of navigating a partially vaccinated workforce. We previously addressed questions related to return-to-work and vaccination issues for employers here. Below are some additional, and recent, questions we’ve received from clients related to this topic.
Continue Reading Funny You Should Ask: Employer Considerations for a Partially Vaccinated Workforce