Hospital Privileges Do Not Confer Employment Status For Purposes of Title VII Liability, Seventh Circuit Holds

By Adam G. Guttell on May 17, 2019

Having the power to grant, deny, or revoke hospital privileges does not give rise to liability under Title VII of the Civil Rights Act of 1964, according to a recent decision by the Court of Appeals for the Seventh Circuit. Yelena Levitin, M.D. v. Northwest Community Hospital. For almost thirteen years, Dr. Yelena Levitin had performed surgeries at Northwest Community Hospital (the “Hospital”) as an attending physician. She had been granted privileges by the Hospital to…

EPL Risk Mitigation Blog

Court Grants Summary Judgment Where Decision-Maker Was Unaware of Plaintiff’s Medical History

By Adam G. Guttell on January 2, 2019

Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is intended to protect deficient job performance). In an instance where an employer decided to discharge a worker whose job performance was not satisfactory, that decision was upheld in Corbin v. Jackson Hospital & Clinic, Inc. Plaintiff was a “team…

EPL Risk Mitigation Blog

Hospital Compliance Officer’s Opposition to Termination of Co-Worker States a Claim of FMLA Retaliation

By Adam G. Guttell on August 9, 2018

The United States District Court for the District of Columbia recently denied a Hospital’s motion to dismiss a Family and Medical Leave Act (“FMLA”) retaliation claim by a senior officer because of the close time proximity between a protest of alleged discriminatory treatment of a co-worker and the protester’s own discharge. Lott v. Not-For-Profit Hospital Corporation. The Court held that plaintiff’s meeting with the Hospital’s CEO to discuss his belief that the co-worker’s termination violated…

EPL Risk Mitigation Blog

Inclement Weather May Require Employers To Warm To Reasonable Accommodations

By Adam G. Guttell on February 1, 2018

To enable employees to deal with natural disasters and severe local weather, employers should prepare to address issues arising from employees’ inability to get to work. By itself, being stuck at home because of a blizzard is not a protected activity. This constitutes a personal absence warranting no protection under the law. However, if the office is open and inclement weather precludes an employee from coming to work because of his or her medical condition,…

Employment Trial Report

Court Grants New Trial in Sexual Harassment Case Based on Evidence of Other Complaints Against Supervisor

By Marc S. Wenger & Adam G. Guttell on October 11, 2017

Despite “substantial evidence” supporting a jury’s verdict, a judge may weigh the evidence and set aside the verdict if it is contrary to the clear weight of the evidence. Federal Judge Richard A. Jones did just that in EEOC v. Trans Ocean Seafoods, Inc., No. 15-cv-01563 (W.D. Wash. Sept. 8, 2017). He granted the plaintiffs’ motion for a new trial under FRCP 59(a). In doing so, the court set aside the jury’s verdict for the employer,…

Adam G. Guttell

Hospital Privileges Do Not Confer Employment Status For Purposes of Title VII Liability, Seventh Circuit Holds

Court Grants Summary Judgment Where Decision-Maker Was Unaware of Plaintiff’s Medical History

Hospital Compliance Officer’s Opposition to Termination of Co-Worker States a Claim of FMLA Retaliation

Inclement Weather May Require Employers To Warm To Reasonable Accommodations

Court Grants New Trial in Sexual Harassment Case Based on Evidence of Other Complaints Against Supervisor

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