In their recent article in Missouri Medicine, Trecia Moore and Mary-Ann Czak discuss the NLRA’s protection of private sector employees’ rights to join unions and note the decline in union membership since the 1950s. Despite this decline, there is a resurgence in union activity and public approval, especially among physicians, driven by changes in
Labor & Employment
Diagnosing the Future: Considering DEIA as a Treatment Plan for Healthcare Employers to Improve Patient Outcomes
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…
The Future of Affirmative Action in Medical School Admissions
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.
Update on Possible OSHA Prevention of Violence in Healthcare and Social Assistance Rule
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…
Understanding the Risk of Strikes Faced by the Healthcare Industry
In this podcast episode, join our Labor Law Insiders as they discuss the unique vulnerabilities faced by the healthcare industry at this juncture of history, including the impact on bargaining and of expanded union organizing activities. Our Insiders also explore some actions that employers can take to reduce the possible conflicts between employees and management…
#Y’allToo: Texas Expands Protections for Employee Sexual Harassment
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.
NLRB General Counsel’s Wish List: Reverse the Trump Board
Foreshadowing the next four years, on August 12, 2021 the NLRB’s new General Counsel Jennifer Abruzzo released her own doctrinal “wish list” in Memorandum GC 21-04. The list detailed an exhaustive list of cases and issues that Abruzzo mandate go through her office “to determine whether current law ensures that employees have the right…
Long COVID as a Disability under Federal Anti-Discrimination Laws
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.
Glynias and Potter Named to Missouri Lawyers Media POWER List in Employment Law
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…
Digital Spaces as Places of Public Accommodation
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