On June 24, 2013, the United States Supreme Court, in two 5-4 decisions, narrowed the scope of employer-liability under Title VII of the Civil Rights Act of 1964 in retaliation and harassment claims. In each case, the Court rejected the broader standard for which the Equal Employment Opportunity Commission advocated. […]
Publications
Eighth Circuit Finds Pretext When Employer Fires Employee For Yelling But Did Not Ordinarily Fire Other Employees For the Same Reason
An employer can generally avoid liability in an age discrimination lawsuit if it can articulate a legitimate, non-discriminatory reason for its actions. Examples of legitimate non-discriminatory reasons for terminations are poor performance, misconduct and insubordination. Articulating a legitimate, non-discriminatory reason is an effective way to win summary judgment in a […]
Copyright Case Law: Second Circuit Holds Commentary Not Required for Fair Use
In Cariou v. Prince, 11-1197- cv (2d Cir. April 25, 2013), the Second Circuit reversed in part and remanded in part a district court’s determination that artist Richard Prince infringed photographer Patrick Cariou’s copyrights when he used copies of Cariou’s photographs in a series of collages. The Second Circuit held […]
CMS Clarifies the Expanded Role of Telemedicine in Delivering CAH Emergency Services
Conditions of Participation On June 7, 2013, CMS released a helpful Memorandum1 clarifying the role that telemedicine can play in meeting CAH emergency room standards, both under conditions of participation and for EMTALA compliance. The Memorandum was triggered by widespread “misconceptions” on the part of critical access hospitals about whether […]
Compliance Training—Not Just 15 Minutes Anymore
Gone are the days when compliance training could be dispensed through a 15-minute video. The heightened enforcement atmosphere makes it increasingly likely that your program, office or facility will be audited or the subject of an unannounced onsite government investigation. During such investigations, employees are commonly asked compliance questions […]