1. HR Compliance Sheba E. Vine, JD, CPCO
Vice President and General Counsel
First Healthcare Compliance

2. Overview Title VII of the Civil Rights Act
Americans with Disabilities Act
Age Discrimination in Employment Act
Genetic Information Nondiscrimination Act
Family and Medical Leave Act
As an overview, we are going to focus on federal laws thatproect employees from discrimination.

3. Title VII of the Civil Rights Act (Title VII)
15 or more employees
Prohibits discrimination based on a protected class
Religion
Race
Color
National Origin
Sex
skin color, hair texture, facial features associated with race
skin color complexion
religious beliefs any aspect of religious practices or observances
birthplace, ancestry, culture, accent, or linguistic characteristics
gender, pregnancy, sexual harassment
Title VII is a backbone of employment antidiscrimination law in the US. It applies to employers with 15 or more employees.
There are both federal and state laws that deal with discrimination in the workplace. 
State law counterparts
Lower employee threshold
For instance 4 or more employees- PA human relations act
This last category is area of law that is rapidly evolving.

4. Gender Identity, Sexual Orientation and Transgender Status
EEOC’s position is that protections exist under prohibition of sex discrimination
Split within federal courts (2 and 5th Circuit v. 7th Circuit)
Many state and local laws recognize these as protected classes
Delaware Discrimination in Employment Act- includes protections for sexual orientation and gender identity
Pennsylvania Human Relations Act does not include protections
Conservative approach- have policies that prohibit discrimination against traditional protected classes, and also include sexual orientation, gender identity, and transgender status
DE discrimination in Employment Act- includes protections for sexual orientation and gender identy
ennsylvania Human Relations Act (PHRA) does not contain an express prohibition against sexual orientation discrimination. However, a number of local ordinances in Pennsylvania do include sexual orientation as a protected class.
11th circuit declined to recognize (which includes Alabama, Florida and Georgia )
2nd (NY, Vermont, Conn) and 7th circuit uphelp sexual orientation included in Tital VII protections
Title VII does not specifically prohibit discrimination on the basis of sexual orientation, gender identity, or transgender status but these theories are gaining momentum within the courts
Equal Employment Opportunity Commission (EEOC), enforces Title VII against private employers. And its position is that Title VII does protect sexual orientation in the workplace.
Currently there is a split and the 11th circuit which includes Alabama, Florida and Georgia do not recognize these protections. We may not get a clear answer unless the supreme court decides to weigh in on the issue.
Many states, counties and municipalities have extended protections and recognize these as protected classes and so this needs to be reflective in your internal policies and training.
the current inconsistency in laws across the country will create challenges for multi-state employers, the conservative approach is to have policies that prohibit discrimination not only against the traditional protected classes, but also based on sexual orientation, gender identity, gender expression, and transgender status.

5. Age Discrimination in Employment Act (ADEA)
20 or more employees
Prohibits discrimination of employees age 40 and older based on age
Older Workers Benefit Protection Act
Employee benefits (life/health insurance, disability benefits, pensions, retirement benefits)
Waiver of claims (must be knowing and voluntary)
Layoffs (provide enough information about the factors used in making layoff selections)
Next we have The Age Discrimination in Employment Act which applies to any employer that employs 20 or more employees.
This law protects individuals who are 40 years of age or older from employment discrimination based on age
It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.
Innividuals age 40 and over also have protections under the Older Workers Benefit Protection Act, which is an amendment to the ADEA
designed to protect the benefits of older workers.
It prohibits age discrimination with regard to employee benefits (life insurance, health insurance, disability benefits, pensions, and retirement benefits. )
It also requires that employers follow use certain language and follow certain safeguards when asking older workers to give up theirright to sue in exchange for money.
. The waiver must be knowing and voluntary (this requires employers to include certain language in the release-- and follow certain requirements)
The act also provides protections in the course of a layoff. It requires an employer to provide enough information about the factors it used in making layoff selections to allow employees who were laid off to determine whether older employees were terminated while younger ones were retained.
The EEOC has taken an aggressive position, concluding that ads seeking “recent college graduates” are discriminatory because they discourage older workers from applying.
A job requirement that excludes older workers is only acceptable where it qualifies as a “bona fide occupational qualification,” meaning that the age limitation is necessary for performing the job.
So, to avoid getting into trouble with the EEOC or a state agency, it is crucial that employers refrain from using any language in a job advertisement that could possibly be viewed as excluding older applicants or deterring people age 40 or older from applying.
For entry level positions, avoid using terms like “young,” “college student,” “recent college graduate,” or similar phrases that will more frequently describe younger applicants. Instead, describe such jobs as “entry level” or as not requiring prior experience.
It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
For example, a help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law.

6. EEOC v. Montrose Memorial Hospital
Firing or forcing 29 employees ages 40 and older to resign based on performance deficiencies however younger workers were not held to same standard
Hospital managers made ageist comments
statements that younger nurses “could dance around the older nurses”
younger nurses are “easier to train” and “cheaper to employ.”
1/1/18 settlement announced for $400,000

7. WILLIS v. UPMC CHILDREN'S HOSPITAL OF PITTSBURGH
Willis was employed by UPMC as a Neonatal Nurse Practitioner from 1993 until terminated in 2012 at the age of 61.
From 2001 through 2011, she served as co-lead NNP.
1st Disciplinary Action
In 2011, she was called into a patient room who had surgery and was on an endotracheal tube. In the hallway Willis remarked to a nurse “that f tube better not be out, I’ll f kill someone.”
Management issued Willis a written warning and she was removed from her role as co-lead NNP
Good case to illustrate how the employer should handle employee issues.

8. Willis v. UPMC Children’s Hospital od Pittsburgh
2nd Disciplinary Action
In 2012 Willis did not think a nurse was experienced to start an IV line so she did it herself. She later went to management and complained about inexperience of nurses in loud tone. A supervisor reported this event to HR because of Willi’s tone and that others could hear and were offended by her remarks. Willis was confronted about her communication style.
3rd Disciplinary Action
Willis treated a patient but did not perform a history and physical or complete admission orders as required. Investigation was conducted and she gave inconsistent statements about care she provided to patient. Based on the results her employment was terminated.

9. Willis v. UPMC Children’s Hospital od Pittsburgh
Willis filed an ADEA lawsuit, claiming that her termination was motivated by her age
Trial court dismissed the case
Willis appealed to Third Circuit Court of Appeals- Dismissed
Management relied on Willis’ conduct and not her age
Noted that her conduct was documented through disciplinary actions
LESSON: Employers who have appropriate policies, enforce those policies and take reasonable disciplinary action with proper documentation can prevail against frivolous lawsuits
 The trial court dismissed her case in early 2015, leading Willis to file an appeal with the 3rd Circuit Court of Appeals (which hears federal cases covering Pennsylvania, New Jersey, and Delaware).     
First, the court found that the employer proved that its supervisors actually relied on Willis’ conduct, not her age, as the basis for its decision (i.e., her use of profanity, her yelling, and the patient care breach). A critical factor was that Willis’ acts of misconduct were well-documented and that she had received warnings for her behavior.
Court stated that willis did not introduce evidence showing that the real reason for the challenged action was age discrimination.
The Willis case, however, shows that employers who take reasonable, well-founded disciplinary action, and who are careful to enforce their policies consistently, while properly documenting violations, can prevail against subjective allegations by a plaintiff that the employer’s motives were discriminatory. 

10. Genetic Information Nondiscrimination Act (GINA)
15 or more employees
Prohibits discrimination based on genetic information
Employer cannot request genetic information about employees or applicants.
Genetic information defined
Genetic Tests- includes any information regarding an employee or their family member’s genetic tests.
Family Medical History- information about the manifestation of a disease or disorder in an individual’s family members
Do not request/consider genetic information for any aspect of employment because it is not relevant to the individual’s current ability to work!

11. Americans with Disabilities Act (ADA)
15 or more employees
Prohibits discrimination based on:
Actual physical or mental disability
Record of having a disability- not currently disabled but discriminated due to past disability
Regarded as having a disability- not actually disabled but discriminated based on others perception of a disability
Requires reasonable accommodation for disabled individuals to allow them to perform essential functions of their job

12. ADA: What is a Disability?
Physical or mental impairment that substantially limits one or more major life activities:
Caring for oneself
Performing manual tasks
Seeing
Hearing
Eating
Sleeping
Walking
Standing
Sitting
Reaching
Major bodily functions
Lifting
Bending
Speaking
Breathing
Learning
Reading
Concentrating
Thinking
Communicating
Interacting with others
Working
The ADA has a very broad definition of disability. …these are taken directly from the regulations (29 cfr 1630)
Examples of Major life activities are….this is not an exhaustive list. An individual assessment is required in determining if an individual has a disability.
Under this definition, conditions that last for only a few days or weeks and are not substantially limiting with no long-term effect on an individual's health (i.e., colds, influenza, broken bones and sprains) are not considered disabilities under the Act
major bodily function, including functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.
Major life activities are those functions that are important to most people’s daily lives. Examples of major life activities are breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working. Major life activities also include major bodily functions such as immune system

13. ADA: Recognized Disabilities
Deafness
Blindness
Intellectual disability
Partially or completely missing limbs
Mobility impairments requiring the use of a wheelchair
Autism
Cancer
Cerebral Palsy
Diabetes
Epilepsy
HIV Infection
Multiple Sclerosis
Muscular Dystrophy
Major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia
An impairment that is episodic or in remission
Given their inherent nature of the following conditions, these conditions immediately qualify as a disability under the ADA. Come rom regs
An impairment that is episodic or in remission is a disability if it substantially limit a a major life activity when active. (asthma, cancer, epilepsy, hypertension, diabetes, depression)

14. ADA: What is Not a Disability?
Transvestism
Transsexualism
Pedophilia
Exhibitionism
Voyeurism
Gender identity disorders not resulting from physical impairments
Other sexual behavior disorders
Compulsive gambling
Kleptomania
Pyromania
Homosexuality
Bisexuality
Psychoactive substance use disorders due to illegal drug use
So what is not a disability under ADA? Well the ADA has specified that the following conditions are not considered to be impairments and therefore are excluded from ADA protections:
Homosexuality and bbisexuality on the groun that they are not impairments
I want to note here that Illegal drug use not protected, but recovering addicts are protected under the ADA. This means that indivduals addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction.

15. Discrimination Defined
Negative treatment in the terms/conditions/privileges of employment based on a protected class
Hiring and firing
Discipline
Pay and benefits
Promotions/demotions
Test and other selection criteria
Work assignments and training
If any of these actions are taken because of tan individual's race, color, sex religion, national origin, age, genetic information, or disability, it is discrimination.
Harassment
Retaliation
Adverse action taken because of one’s race, color, sex, religion, national origin, age, genetic information, or disability = DISCRIMINATION

16. Harassment Defined
Any unwelcome conduct that is based on an individual’s membership in a protected class that:
Becomes a condition of continued employment
Conduct is severe or pervasive enough to create a hostile or abusive working environment
Verbal Conduct
Visual Conduct
Written Conduct
Physical Conduct
harassment comes in different forms, including verbal conduct, visual conduct, written conduct and physical conduct.
Does not include petty slights, annoyances, and isolated incidents

17. Retaliation Defined
Illegal to fire, demote, harass or otherwise retaliate against an employee that engages in protected activity
Opposes or complains about discrimination
Participates in an investigation of discrimination
(employer level, EEOC, or civil lawsuit)
These laws also prohibit Retaliation as a form of unlawful discrimination. It is illegal…
Out of all the legal claims, retaliation is the most common claim brought in federal courts.

18. EEOC Retaliation Case FACTS: FINDINGS:
Employee filed several unsuccessful EEO complaints.
Employee sought promotions within the organization.
Manager placed information about EEO proceedings in employee’s personnel file.
Manager communicated that the employee had filed several complaints when contacted for reference checks
FINDINGS:
Statements made during the reference check were retaliatory
EEO information placed in the employee's personnel file hindered employee’s promotional opportunities.
SO lets look at a retaliation charge that the EEOC investigated.
Here the facts are that the

19. 2017 Statistics
Here is a chart of the 2017 statistics that the EEOC recently put out. And as you can see, of the 84k charges filed, retaliation is the most common claim alleged by employees. And after that claims of discrimination for race, sex and disability.

20. Be Proactive POLICIES AND PROCEDURES TRAINING TAKE ACTION
Prevention is key to avoiding discrimination and harassment in the workplace that lead to employee lawsuits!
POLICIES AND PROCEDURES
Regarding anti-harassment, anti-discrimination, anti-retaliation
Set forth process for lodging a complaint
Review regularly and update as necessary
TRAINING
Train employees on policies and procedures
Obtain signed acknowledgments from employees (received and understood policies)
TAKE ACTION
Investigate complaints
Issue discipline for policy violations  
How can employers avoid workplace discrimination?
Employee training is one of the best tools to prevent discrimination and harassment.  
The goal is to avoid or minimize workplace discrimination and harassment. 

21. ADA- Reasonable Accommodations
Employer must provide reasonable accommodations for a known mental or physical limitation of a qualified individual with a disability
Qualified Individual can perform the essential functions of the job with or without reasonable accommodation
Essential functions are the basic job duties that an employee must perform (does not include marginal job functions)
Here are some factors that the Equal Employment Opportunity Commission (“EEOC”) will look at to determine what the essential tasks of your position are:
Written job description used for hiring
Employer’s judgment
The amount of time spent performing the task
Consequences of not requiring a person in a specific job to perform a function

22. Reasonable Accommodation
Definition
Any change or adjustment to a job or work environment to enable the individual to enjoy equal employment opportunities
Medical Documentation
Employer can request documentation to substantiate employee’s disability and need for accommodation
Keep employee medical information confidential
Place medical information in separate files (not in personnel file)
Undue Hardship
Employer is not required to make an accommodation if it will suffer undue hardship (requires significant expense or difficulty)
Whether a accommodation is reasonable or imposes undue hardship is based on the particular facts of each case.
ADA also protects the confidentiality of employee medical information, and requires that employers keep all such medical information in separate files (not in personnal file) and treated as confidential.

23. Examples of Accommodations
Accommodations must be made on an individual basis, because the nature and extent of condition and job will vary in each case.
Making existing facilities readily accessible to disabled persons
Job restructuring
Modifying work schedules
Reassignment to a vacant position
Acquiring/modifying equipment or devices
Modifying examinations, training materials, or policies
Providing qualified readers or interpreters
Modifications to a job application process to allow qualified disabled applicants to be considered
Making employer provided transportation accessible
Providing reserved parking spaces
Providing additional unpaid leave for necessary treatment
Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of the job will vary in each case.
Ex of accommodations include:
providing additional unpaid leave for necessary treatment- this means that if the employer has a neutral leave policy such as automatic termination after a 12- month leave of absence, and a reasonable accommodation would require the employer to allow a disabled employee a longer leave period then the policy should be modified as an accommodation. However, employer’s are not required to provide leave for an indefinite period of time as an accommodation. This is why it is important to enageg in the interactive process as the accommodation will vary depending on the factual circumstances.

24. Interactive Process
Employee requests an accommodation or need for accommodation is obvious
Employer must engage in interactive process with employee to determine:
if the individual is a qualified individual with a disability
the employee’s limitations resulting from the disability
potential reasonable accommodations that could overcome those limitations
Employer does not have to provide requested accommodation but rather a reasonable accommodation
Discussions can be oral or written but important to keep documentation
Once an employee requests an accommodation or the need for an accommodation is obvious, the employer must engage in an interactive process with the employee to determine if an accommodation if required.
An interactive process between the employer and the individual, no matter how informal, is necessary to determining the appropriate reasonable accommodation, This process should determine if the individual is a qualified individual with a disability…..determine the employee’s limitations resulting from the disability…… and identify potential reasonable accommodations that could overcome those limitations.
Now while an employee can request a specific accommodation, the employer is not required to provide the requested….
If the er determines that the requested accommodation is not reas, then it may suggest alternatives.
The interactive process should be documented..
Once an employees makes a request for accommodation, the employer must the interactive process to determine what, if any, accommodation should be provided.

25. EEOC v. MedStar Harbor Hospital
Plaintiff was a respiratory therapist who has a weakened immune system from medication taken for kidney transplant.
Hospital excused him from working in isolation rooms with a mechanical ventilation system designed to trap infectious airborne materials (similar accommodation provided to others).
Plaintiff asked for same accommodation at a later date but was denied and instead terminated.
Settled for $179,576
The EEOC filed its lawsuit in U.S. District Court for the District of Maryland, Northern Division

26. Family and Medical Leave Act (FMLA)
Private employers with 50 or more employees (within 75 miles)
12 weeks of unpaid, job-protected leave in a 12-month period for
Birth or adoption of a child
Serious health condition of employee or family member
Eligibility Requirements
Work at least 12 total months
Work at least 1250 hours in past 12 month period
1st bullet (Covers public agencies regardless of employed individuals.)
Now If employer has multiple locations, the calculation of employees is based within a 75 mile radius. So if there are three locations, each with 20 employees, that are within the 75 mile radius, then FMLA applies to all three locations.
Fmla provides..
To care for the birth of a child
to adopt or foster a child
To care for family member with serious health condition
To care for employee’s own serious health condition.
spouse, child or parent 

27. Serious Health Condition Defined
Condition that requires inpatient care
Incapacity for more than 3 days with continuing treatment by healthcare provider
Leave for pregnancy/prenatal care
Chronic serious health condition (asthma, diabetes)
Permanent or long term conditions (Alzheimer's, strokes, terminal diseases)
Decided on a case by case basis but does not include health conditions of a temporary nature
unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal diseases, etc. are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.

28. Employee Notice Requirements
Employee has to provide information to support absence is due to serious health condition and probable length of absence
Does not have to specifically request FMLA leave
Employer must determine if employee qualifies for FMLA leave
May require medical certification from healthcare provider to support medical necessity (2nd and 3rd opinions at employer expense)
May contact healthcare provider to clarify or authenticate certification (but not direct supervisor)
Ee has to provide enough information to indicate that his/her absence is due to a serious health condition, including when and how much leave the employee anticipates needing to take.
ee does not have to mention FMLA leave.
This means It is up to the ER to determine if ee qualified for FMLA leave by asking additional Q of ee in order to designate leave as FMLA.
One of the most complex issues is knowing when an absence may be or is FMLA-qualifying, and how to respond.
To help the er in this regard, ER may institute a policy that requires ee to submit a medical cert from healthcare provider in order to determine if it is a FMLA-qualifying event.

29. Employer Responsibilities
Notices
FMLA Poster (Displayed for employees and applicants to view)
Eligibility Notice and Right and and Responsibility Notice
Designation Notice (to notify employee if leave is approved)
Forms found on Department of Labor website
Employer must continue health insurance coverage during leave period, provided the employee makes his/her required contribution
Once an ER has adequate notice of an ee’s need to take FMLA leave, it has several obligations under the FMLA. Specifically, there are three notices that the employer is required to provide to the ee…
1. Advises of the ee of his/her FMLA eligibility status (by working 12 months for the employer and working at least 1250 hours in the past 12 month period)
2. provides information on the ee’s obligations for using FMLA leave
eligibility notice and rights and responsibilities notice are usually provided together. Provided within 5 days of ee’s request  or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason
3. . Notice as to whether ee is approved for fmla leave.
So Once the er has enough information to determine if the requested leave qualifies as FMLA leave, it must notify the ee within 5 days as to whether the leave is approved.

30. Returning to Work
Upon return from FMLA Leave, an employee must be restored to:
Equivalent Job
Original Job
equivalent pay
equivalent benefits
and other terms and conditions of employment
An equivalent position is one that is virtually identical to the employee's former position I
in terms of pay, benefits and working conditions. It must involve the same or substantially similar duties and responsibilities, which must includes equivalent skill, effort, responsibility, and authority.

31. Interference and Retaliation
Unlawful to interfere or retaliate against an individual for exercising or attempting to exercise FMLA rights:
Refusing to authorize leave
Discouraging employee from using FMLA leave
Employer cannot use the taking of FMLA leave as a negative factor in employment decisions, such as hiring, promotions, or disciplinary actions

32. Boadi v. Center for Human Development
Plaintiff was unexpectedly hospitalized for mental health issues for 9 days
Call-In Policy: provide personal notice of their absences
Plaintiff's son informed an on-call supervisor, direct supervisor, and second-level supervisor that his mother was ill and hospitalized (4 different occasions)
Enough information to alert employer that this was a FMLA qualifying event, at least had an obligation to inquire further to determine eligibility
Instead son was told not to call again because it was not acceptable under their policy
This lawsuit really  illustrates the consequences of a manager’s failure to properly respond to a potentially FMLA-qualifying event, and the importance of training amangers/hr/supersors on FMLA
Plaintiff worked as a direct care worker

33. Boadi v. Center for Human Development
VP of HR was notified of Plaintiff's hospitalization and calls.
Drafted letter of termination due to absences
Physician faxed a certificate indicating that Plaintiff required leave for recovery after hospitalization
Plaintiff visited HR department and completed short- term disability and FMLA paperwork.
Second-level supervisor notified Plaintiff that she was terminated; later received letter of termination.
This lawsuit serves as a reminder of the importance of training managers, human resources professionals, and supervisors on the legal requirements of leave—
First, employers should train supervisors on the FMLA and their internal policies and practices concerning leave. As the Boadi decision shows, the failure to ensure that supervisors are aware of the FMLA’s requirements is a factor that courts consider when assessing whether an employer is liable for liquidated damages.
Second, human resources professionals and higher-level supervisors should consider the circumstances concerning an employee’s absence from work before approving an employment decision based on absenteeism with respect to that employee.
Under the FMLA, an employee who proves that her employer interfered with her FMLA rights is entitled to recover liquidated damages in an amount equal to her actual damages (which is usually lost wages and benefits plus interest)
Though the Center was aware that Boadi was ill and unable to personally notify the Center of her absences before it terminated her employment, none of the Center’s employees who were aware of Boadi’s hospitalization or involved in the termination decision “sought legal counsel or other advice on the FMLA’s requirements before they terminated [Boadi]’s employment,” such as whether Boadi was excused from complying with the Center’s call-in policy or whether the notices that Boadi’s son provided were sufficient under the FMLA. Indeed, Pennington, who made the decision to terminate Boadi’s employment, had received little FMLA training and Trant, who had received more extensive FMLA training, never inquired as to Boadi’s condition before signing the termination letter.

34. Boadi v. Center for Human Development
Lawsuit alleged interference with Plaintiff's rights under the FMLA
Jury award of $142,041.24
Court awarded liquidated damages- considered Center’s failure to train management in determining bad faith
Train management on FMLA and internal policies
Decision to terminate should be reviewed to ensure compliance with laws prior to discharged
Ultamtely jury awarded,,,,
FMLA also entites employee to liquidated damages if she can prove the employer interfered with FMLA rights
First, employers should train supervisors on the FMLA and their internal policies and practices concerning leave. As the Boadi decision shows, the failure to ensure that supervisors are aware of the FMLA’s requirements is a factor that courts consider when assessing whether an employer is liable for liquidated damages.
Second, human resources professionals and higher-level supervisors should consider the circumstances concerning an employee’s absence from work before approving an employment decision based on absenteeism with respect to that employee.

35. HR Compliance
Panel Discussion

36. Panelist- Lynn Robinson, CMC, CMOM
Lynn has been in the health care field for 34 years with experience in medical practice administration, continuing education, finance, human resources and pharmacy.
Lynn is currently the Director of Physician Relations and Professional Education with the Medical Society of Delaware. 
Prior to this role, she served as the Director of Administrative Services for Delaware Sleep Disorder Centers, overseeing operations for accounting, scheduling, human resources and billing and worked for Delaware’s largest hospital, Christiana Care Health Services for 25 years, where she managed four physician timeshare offices. She is past President of the Delaware Medical Group Management Association and served on their Board of Directors.

37. Panelist- Catherine E. Walters, Esq.
Catherine is a labor and employment attorney who provides exclusive management-side representation and compliance services for large, mid-sized and small employers with national and international reach, including both federal and state government contractors. Her practice includes an array of industries. Her extensive experience enables Catherine to partner with her clients to identify current and emerging risks and to develop creative, practical, business-oriented solutions to their legal challenges. Her proactive legal advice relative to management of emerging trends and developments, along with her strong collaborative skills emphasizing strategic thinking and focused solutions, enable her to provide employers with the sophisticated counsel that has become necessary in today’s complex business environment.

38. Requiring Employees to Receive Vaccinations
 Requiring Employees to Receive Vaccinations 

39. Handling Employees that Don't Complete Training Requirements
 Handling Employees that Don't Complete Training Requirements 

40. Record Retention Compliance
 Record Retention Compliance 

41. FLSA Hot Topics Status of the salary threshold increase
 FLSA Hot Topics 
Status of the salary threshold increase
The Payroll Audit Independent Determination (PAID) program

42. Sexual Harassment in Healthcare
 Sexual Harassment in Healthcare  

43. Am I Responsible for Providing Interpreter Services?
 Am I Responsible for Providing Interpreter Services?  

44. Common ADA Questions and Issues That Arise in the Workplace
Common ADA Questions and Issues That Arise in the Workplace  

45. When FMLA and ADA Overlap
When FMLA and ADA Overlap