Tag Archives: Retaliation

OSHA Clarifies Position On Anti-Retaliation Rule

On October 11, 2018, the Occupational Health and Safety Administration (OSHA) issued a memorandum to clarify its position regarding whether drug testing policies and safety incentive programs would be considered violations of OSHA’s regulations. Employers may recall that, in May 2016, OSHA published a final rule that, among other requirements, prohibited employers from retaliating against employees for reporting work-related injuries or illnesses. That portion of the final rule became known as the Anti-Retaliation Rule. Almost immediately, there was confusion over which workplace safety incentive programs and post-incident drug testing policies, …

Third Circuit Holds that Medical Resident Can Bring Title IX Claim Against Private Teaching Hospital

In Doe v. Mercy Catholic Med. Ctr., No. 16-1247 (March 7, 2015), the U.S. Court of Appeals for the Third Circuit held that a private teaching hospital operating a residency program can be held liable under Title IX for sex discrimination.

The plaintiff was a resident in Mercy’s accredited diagnostic radiology residency program, which is affiliated with Drexel University’s College of Medicine.  She claimed that the director of Mercy’s residency program sexually harassed her, and that the harassment interfered with her medical training.  The plaintiff also claimed that after …

Appeals Court Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million that had been awarded in favor of a pharmacist who had a fear of needles and could not comply with Rite Aid’s new policy that required pharmacists to administer immunization injections to customers.

In 2011, in an effort to fill a vaccination void in the healthcare market, Rite Aid imposed a new requirement that all pharmacists must administer immunizations.  Rite Aid …

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