Newsletter
EPL Industry Insight of the Month
Insight of the Month
CRICO provides a topic to explore each month on the subject of discrimination, harassment, and other workplace pain points. For more information, external links are provided to Internet resources on the topic.
April 2025
10 Big Employment Law Trends to Watch This Year | HRMorning
Carol Warner of HRMorning highlights key insights from Norton Rose Fulbright’s Annual Litigation Trends Survey. Amid economic uncertainty and a change in administration, she outlines 10 critical employment law and litigation issues employers should watch in the year ahead.
View full article
March 2025
Employment practices liability: 2024 year in review and look ahead to 2025 | WTW
Talene M. Carter of Willis Towers Watson discusses how the employment practices liability (EPL) market is poised for stability in 2025, driven by a Republican administration’s employer-friendly policies. Key issues to watch include AI regulation, independent contractor classification, non-compete agreements, DEI initiatives, and pay transparency.
View full article
February 2025
Pivotal Labor and Employment Law Issues in 2025: Healthcare | The National Law Review
An insight published in The National Law Review discusses how healthcare employers will face significant labor and employment law challenges in the coming year as the new presidential administration aims to change multiple federal policies.
View full article
January 2025
Employer strategies to end gender-based violence and harassment at work
Gender discrimination in the workplace is a continuous concern for employers and health care is no exception. The U.S. Department of Labor provides four strategies to address gender-based violence and harassment (GBVH) in the workplace that are applicable across industries.
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December 2024
It’s Beginning to Look a Lot like Liability: An Employer’s Checklist for Holiday Parties: from Saiber LLC – New Jersey Attorneys at Law
Attorneys discuss a holiday party checklist employers may want to consider to mitigate potential liabilities during work-sponsored celebrations, emphasizing the importance of reminding employees about company policies on appropriate behavior and ensuring inclusivity.
November 2024
The pathologizing of disability: Why academic medicine must prioritize accessibility | AAMC
Description: A panel discussion, held at the American Association of Medical Colleges Annual Meeting on November 11, highlighted the need for academic medicine to shift from viewing disability solely as a medical issue to recognizing it as a diversity and inclusion matter. The panelists emphasized the importance of integrating disability perspectives into medical education and practice to foster a more inclusive health care environment.
October 2024
How to celebrate National Disability Employment Awareness Month and ‘view all people as people’ | HR Dive
HR Dive discusses how National Disability Employment Awareness Month highlights the contributions of individuals with disabilities in the workforce and emphasizes the need for inclusive practices. Experts suggest that employers should foster a supportive environment through education, open communication, accommodations, and clear policies to reduce discrimination and fully integrate neurodivergent and disabled workers into their teams.
September 2024
Health Care Employers Should Prepare for OSHA to Release Proposed Workplace Violence Rule (shrm.org)
The Society for Human Resource Management discusses how OSHA’s proposed workplace violence prevention rule will affect health care employers. The rule may require written prevention programs, hazard assessments, and staff training. Reviewing current safety policies may be essential in ensuring compliance and preparing for potential increased legal obligations.
August 2024
How Can Employers Collaborate To Improve Workplace Mental Health?
This Forbes article emphasizes the need for employers to collaborate on improving workplace mental health by fostering a supportive culture, reducing stigma, and sharing best practices. Collaborative efforts across organizations can enhance employee well-being, resilience, and overall productivity, leading to a more positive work environment.
July 2024
See the Medical World Through Neurodivergent Doctors’ Eyes | Medscape
Neurodivergent providers, such as those with autism or ADHD, often face barriers in the medical field despite potentially possessing traits beneficial to it, like hyperfocus and empathy. Many neurodivergent doctors experience stigma, lack of accommodations, and burnout. This Medscape article highlights the challenges and strengths of neurodivergent doctors, emphasizing the need for systemic changes and support to enable them to thrive in their careers.
June 2024
Most new doctors face some form of sexual harassment, even after #MeToo | Michigan Medicine
The #MeToo movement improved recognition of sexual harassment, however, over half of new doctors still face sexual harassment, with higher rates among women. In this article, Michigan Medicine discusses how medical schools and hospitals need stronger policies and training to address sexual harassment effectively to foster a safer learning environment and workplace.
May 2024
EEOC Updates Workplace Harassment Guidelines Reinforcing Protections for LGBTQ+ Employees (US) | Employment Law Worldview
At the end of April, the Equal Employment Opportunity Commission (EEOC) issued guidelines to provide protections for transgender employees relating to denial of bathroom access. Featured in the National Law Review, Ariel S. Cohen reports on how the updated guidelines expand the definition of sex-based harassment.
April 2024
The Benefits of Disability Inclusion in the Workplace | American College of Healthcare Executives (ache.org)
In this article, John W. Sharpe, Director of SCI&D Therapy Services at the Central Virginia Veterans Health Care System, shares his personal experience of living with disabilities and advocates for disability inclusion in education and the workforce. He highlights the misconception that disabilities equate to inability and debunks myths surrounding the capabilities and costs of accommodating workers with disabilities.
March 2024
Navigating AI’s benefits and risks in the employment context
Published in the Boston Business Journal, Amy Cann and Vineesha Sow discuss how the benefits of using AI for performance monitoring, recruitment, and security also come with employee discrimination and privacy risks. The article explores the legal landscape and best practices to help employers navigate potential biases and privacy concerns, ensuring responsible and equitable AI integration into the workplace.
February 2024
Courts split on how workers in 'majority' prove discrimination
A federal appeals court’s division over how employees in the majority prove discrimination could impact litigation challenging corporate diversity policies and potentially reach the U.S. Supreme Court. Bloomberg Law reports on the controversy surrounding the court’s requirement of proving background circumstances for discrimination against the majority, which may have potential implications for lawsuits targeting DEI programs.
January 2024
The EEOC is busy: class action employment lawyers warn HR
The Equal Employment Opportunity Commission (EEOC) saw a more than 50 percent increase in employment discrimination lawsuit filings in 2023 compared to 2022. With a higher 2024 federal budget and additional investigators, the EEOC will be increasing the number of discrimination investigations this year. Lawyers also anticipate a rise in AI and gender identity discrimination cases.
December 2023
LGBTQ+ Protections, Virtual Harassment, and Social Media Posts:
The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled Proposed Enforcement Guidance on Harassment in the Workplace. The proposed guidance sets forth the legal standards applicable to harassment claims under federal law and provides a variety of examples with extensive citations to applicable case law. If made final, this would be the EEOC’s first updated workplace harassment guidance in effect since 1999 and would supersede all prior guidelines addressing the same issues.
The EEOC Updates Its Harassment Guidance for the 21st Century
November 2023
Employers may be found liable if they do not take sufficient action in response to antisemitic behavior, especially if they knew about it and didn’t do anything.
October 2023
Dust off your Template Employment Agreements.
Read more from Ward and Smith, P.A.
September 2023
Autism doesn’t hold people back at work. Discrimination does.
Read this article from the Harvard Business Review
August 2023
Employers will need to prove religious accommodations inflict substantial costs before denying them.
Supreme Court fortifies standard for religious accommodations"
July 2023
The vast majority of nurses endure racism or some form of discrimination from patients, but a recent survey shows that bias and mistreatment also come from colleagues and supervisors.
Nurses face widespread bias, study finds
June 2023
Electronic monitoring and surveillance of employees is often conducted by employers for a variety of reasons. Employers must be aware of potential liabilities that could interfere with employees’ privacy rights.
Employee monitoring and surveillance
May 2023
The World Health Organization’s World mental health report highlights the workplace as a key example where action on mental health is needed. Protecting and promoting mental health at work and reducing psycho-social risks can improve retention of staff and work performance.
April 2023
Structural sexism contributes to the persistent earnings gap between female and male physicians: A better understanding of the association between family structure and sex gaps in physician earnings and hours worked over the life cycle is needed to advance policies addressing persistent sex disparities.
Marriage, children, and sex-based differences in physician hours and income
March 2023
Negative organizational culture has a considerable impact on employee well-being and engagement, as well as financial and reputational consequences.
Why every leader needs to worry about toxic culture
February 2023
Addressing maternity discrimination and creating an inclusive workplace environment that destigmatizes pregnancy.
Maternity discrimination: How to beat the stigma
January 2023
A rise in violence against healthcare workers highlights the need for employers to review employment policies to protect against claims of failure to protect their employees.
Rising violence in health care facilities
November 2022
With rude behavior on the rise in health care, behavior may escalate to the level of legal consequences. Read for insights and research on collectively achieving a civil workplace.
October 2022
Current Apple lawsuit highlights the need for awareness around ageism and the power of performance reviews in litigation.
Apple ‘Ageism’ blamed by senior manager in his 60s for no merit bonus
September 2022
As health care employers continue to face new challenges into 2022, it will be important to be aware of these challenges to grow and retain a workforce.
Health care workforce employment law issues to watch in 2022
August 2022
There are multiple laws related to employee speech and activity and each have nuances that are important for employers and managers to understand.
Addressing employee speech in times of controversy
July 2022
Identify and address problem behaviors early and often with feedback, clear expectations, formal appraisals and 1:1 coaching.
Problem behaviors and detailed strategies for handling them
June 2022
The pandemic is leading to an increase in discrimination claims around COVID-19 and mental health.
Disputes impacting health care employers and employees
Recent Issues
5 Ways CRICO Supports its Providers, Nursing Webinar, EPL Webinar, and more...
CRICO’s Annual CME Conference, RFA Grant Applications Open, and an EPL Case
New Telehealth Video Series, Lost Specimens Podcast, and Two Free CME Webinars