|Feb. 17, 2019 | www.fisherphillips.com|
Employment law has always been on the cutting edge when it comes to emerging societal issues. Like little microcosms, the workplace reflects society as a whole. The healthcare industry is no exception. All people, regardless of their color, creed, or other protected status, are consumers of healthcare at some point. In the midst of this Gender Revolution (a term used recently by National Geographic as the title of its January 2017 issue), it should surprise no one that questions surrounding gender – more specifically, deviations from the heteronormative understanding of gender – have permeated the healthcare workplace.
Hospital administrators are well aware their institutions are subject to a whole host of workplace-related federal statutes: Title VII of the Civil Rights Act, the Health Insurance Portability and Accountability Act (HIPAA), the Employee Retirement Income Security Act (ERISA), and the Family and Medical Leave Act (FMLA), just to name a few. However, due to a recent federal appeals court decision, you may need to familiarize yourself with a federal statute that perhaps is not yet on your radar – Title IX of the Education Amendments Act of 1972.