Monthly Archives: November 2014

Approximately 18,000 nurses went on strike in Northern California to voice concerns about patient-care standards and Ebola. The nurses are in the middle of collective bargaining negotiations for a new contract. Nurses often strike while in the midst of contract negotiations. This time however, the circumstances surrounding the strike are unique. While picketing Kaiser Permanente facilities, they held up signs which stated “Kaiser Open for Premiums; Closed for Safe Patient Care” and “Strike for Health and Safety.” The two-day strike impacted more than 21 Kaiser-owned hospitals and 35 clinics.

The union claimed that the nurses were striking over the lowering of patient-care standards, and that the company has failed to adopt optimal safeguards for Ebola. The union also asserted that the nurses reported many stories about the lack of safety and concern for patients. “This isn’t about money. This is about something much deeper,” the union’s executive director said.

In response, Kaiser said that it was “particularly irresponsible” to strike just when the flu season was starting, and when the nation is concerned about the risk of Ebola. Kaiser disputed the union’s claims, asserting that the reasons the union leaders are giving for walking out are not supported by the facts, wither at the medical centers “or at the bargaining table.” Kaiser used replacement workers in order to remain open.

As the nation wrestles with infectious diseases like Ebola, how the health industry deals with patients and the workforce and their interactions with the public will remain a controversial and evolving drama.

The U.S. Supreme Court is about to clarify an employer’s obligation to provide accommodations for religious discrimination under Title VII.

In E.E.O.C. v. Abercrombie & Fitch Stores, Inc., the Court will determine whether a retail store in Woodland Hills Mall in Tulsa, Oklahoma discriminated by failing to accommodate a young woman who was refused hire as a “model” or sales associate because she wears a head scarf, or hijab, for religious reasons. The head covering violated Abercrombie’s “Look Policy,” which applies prohibits employees from wearing certain attire, such as black clothing and caps. Violation of the Look Policy subjects an employee to disciplinary action, up to and including termination.

Pursuant to Abercrombie’s policy, the assistant store manager who interviewed the applicant did not ask her questions regarding her religion. Moreover, the applicant never referenced her head scarf, and she did not ask any questions regarding the dress code, although it was discussed.

After the interview, the assistant store manager was advised that the applicant should not be hired because the head scarf was inconsistent with Abercrombie’s Look Policy.

The EEOC brought suit for religious discrimination insofar as it failed to hire her because she wore a head scarf and that it failed to accommodate the applicant’s religious beliefs.

The trial court found that the store did in fact discriminate based on religion. Of interest is the fact that the trial court reasoned that the decisive factor was not whether the applicant explicitly requested an accommodation, but whether the employer had enough information to be on notice that a religious accommodation was needed.

The truth is it would have been easy for Abercrombie to avoid this lawsuit. If they had been properly advised, they would be aware of simple steps that can be taken which would not give rise to a claim of religious discrimination and failure to accommodate. Employers facing discrimination issues should always consult a knowledgeable attorney.

If you or someone you know is facing issues relating to discrimination based on religion, race, gender, sex, ethnicity, or disability call Gilbert Law Group today at (631)630-0100.