Meet the chutzpah hospital!: Healthcare giant defies feds, denies it has employees

[DonViejo]

Federal contractor's legal attack could "really dismantle equal opportunity laws," warn advocates

JOSH EIDELSON

After denying that it had any employees, and that its facilities were subject to civil rights standards for federal contractors, a hospital giant is mounting a legal case advocates say could upend federal equal opportunity law. At issue is the federal Office of Federal Contract Compliance Programs’ authority to oversee and mandate changes in facilities of the University of Pittsburgh Medical Center, which reap millions from serving federal workers.

“They’re making some pretty broad arguments in their brief about the government’s authority to enforce equal opportunity laws,” National Women’s Law Center senior counsel Neena Chaudhry told Salon. If the D.C. Circuit “were to consider them and then actually agree” with the University of Pittsburgh Medical Center, she warned, “then it would really dismantle equal opportunity laws that have been in place for a long time … It would mean that lots of employees are left without protection.” NWLC, the NAACP Legal Defense Fund, the National Partnership for Women & Families, and the Service Employees International Union filed briefs Monday with the D.C. Circuit Court of Appeals contesting the University of Pittsburgh Medical Center’s case against the OFCCP.

In an email to Salon, UPMC Media Relations director Gloria Kreps charged that “these filings by the SEIU and other special interest groups blatantly misrepresent the issues in the OFCCP matter as well as UPMC’s position in that litigation.” Kreps said UPMC was contesting OFCCP’s ability to “treat three particular UPMC facilities as ‘subcontractors’ under a federal contract awarded to the UPMC Health Plan,” whereas those “entities that are federal contractors or subcontractors fully comply with OFCCP requirements.” But she added, “Also at issue is whether certain OFCCP regulations would impermissibly require UPMC to make employment decisions based on race or gender.”

NWLC vice-president Fatima Gross Graves countered that the brief filed by UPMC “directly contradicts” UPMC’s description, in that it “argues that OFCCP lacks the authority to implement its long-standing regulations.” “If it no longer takes that position,” she emailed Salon, “it should inform the court.” UPMC’s Kreps also told Salon that the hospital “complies with and embraces all local, state and federal anti-discrimination requirements”; in a court filing, the hospital contends that an “affirmative action scheme” of the Department of Labor “is onerous, complex, and expensive.”

more
http://www.salon.com/2014/01/03/meet_the_chutzpah_hospital_healthcare_giant_defies_feds_denies_it_has_employees/

[Laelth]

1. k&r for exposure. n/t

-Laelth

[Teamster Jeff]

2. K&R

[Demeter]

3. What's the point? Sounds like beyond stupid management

[kelliekat44]

4. I've been trying to tell Du, behind every evil act by those in power is money and undoing

any Federal equal opportunity and/or affirmative action programs and gains made by minorities over the past 50 years. This motive rules most RW thinking from education to employment and voting. It has come full circle. And it will only get worse because there are many out there who don't want to learn the truth and try to shut out the voices who cry "racism" "sexism" by making us feel that our cries are not legitimate. But we will not shut up. We must not.

[marmar]

6. Yep. There are forces out there determined to repeal the 20th century.

[Orsino]

11. Worker abuse and wage depression are methods, not goals.

The goal is profit for the few.

[MrMickeysMom]

5. Recommended!

I have to keep my opinions to myself, but I sure can kick this…

[mountain grammy]

7. K&R Time to change the balance on the DC Circuit.

[localroger]

8. I'd be very surprised if this works for them

There are a lot of implications if "employees" are actually "contractors." Contractors have to pay their own FICA. Contractors can deduct expenses related to work which employees can't, like the mileage for their commute. Contractors don't get benefits like a health plan or holidays. If UPMC is treating its workers as employees in any of the myriad ways that distinguish employees from contractors, this will be struck down so hard it will make the dinnerware ring in China.

[blue neen]

9. UPMC also does not pay any property taxes.

They have tax-exempt status. The city of Pittsburgh has taken them to court to challenge the tax exempt status. UPMC is the largest private property owner in Allegheny County.

Non-profit? Their CEO made 6 million dollars. Hmmm.

[niyad]

10. k and r

[ebbie15644]

12. My area hospital, unbelievable!

[ebbie15644]

13. This is my area hospital too and I find this totally unacceptable!