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CLIENT ALERT: Update on Discrimination

Client Alert
October 23, 2018

The “#metoo” presence and the recent Kavanaugh confirmation hearings have brought sexual discrimination issues to the forefront of the American mind.  Always an incendiary and confusing topic, it also includes various permutations of issues involving sex, sex stereotyping, sexual orientation, and  transgender  situations.  Employment issues abound, including proper use of restrooms and disciplinary matters. “LBGTQ” are more than mere letters strung together.

Cuyahoga County passed an ordinance recently which applies to all Cuyahoga County cities and townships, making it unlawful for any business to discriminate against any person based on their sexual orientation or gender identity.  A Commission on Human Rights was designated to investigate and rule on complaints.

Similarly, the City of Akron passed an ordinance expanding equal employment for employees working in the city.  Employers are prohibited from discriminating against employees located in the city, as well as businesses that take contracts from the City but are located elsewhere.  Employers with 4 or more individuals are prohibited from discriminating on the basis of the “traditional” bases (such as race, color, religion, etc.), but also on the basis of gender identity or sexual orientation.  The ordinance also created the Akron Civil Rights Commission to receive and investigate complaints.

The Equal Employment Opportunity Commission (“EEOC”) has taken the position that discrimination on the basis of sex includes transgender, sexual identity, and sexual orientation.  The Ohio Civil Rights Commission is the state investigative arm that similarly investigates such complaints (which they often term as a “Charge”).

Ohio is located in the Federal Sixth Circuit.  The Sixth Circuit Court of Appeals recently decided a case involving transgender issues, and also discussed whether a religious belief may play a part in an employer’s decision to terminate an employee.  That case is now on appeal to the United States Supreme Court and, no matter how the Supreme Court rules (and whether or not the Court decides to take the case for review), employer-employee relations will be affected.

Given the currently charged atmosphere, employers should consider a review of their employment practices and handbooks.  In addition, management training should be considered to stay ahead of the trends in this important area. 

If you would like more information, please contact Richard L. Williger at (330) 253-3770 or rlwilliger@bmdllc.com.

 

LaborEmployment Law
Client Alert

Telehealth Flexibility Updates: HIPAA, DEA, and CMS

May 12, 2023The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will endClient Alert, Multimedia

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

May 10, 2023Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).Client Alert

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

May 5, 2023Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.Client Alert

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

May 5, 2023On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.Client Alert

BREAKING: Biden Administration Has Officially Ended the Two Remaining COVID Vaccine Mandates

May 2, 2023As of May 1, 2023, the Biden Administration has officially ended the two remaining COVID vaccine mandates: (1) the Federal Contractor Mandate, and (2) the CMS Healthcare Provider Vaccine Mandate.
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