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Newsletter SPRING 2018

How Sex Discrimination and Pregnancy Accommodation Laws Affect Your Veterinary Practice



Together, there is nothing we can’t accomplish

Veterinary Specialists & Emergency Services 825 White Spruce Blvd., Rochester, NY 14623 WWW. VSESROCHESTER. COM


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(585) 424-1277 Genesee Valley Veterinary Medical Association

How Sex Discrimination and Pregnancy Accommodation Laws Affect Your Veterinary Practice

page 8

IN THIS ISSUE: 5 Letter from the President 6


What Can We Learn From Millennial Staff Members? Register Now for NYS-VC Spring May 4-6 in Tarrytown

13 News to Use 13 Upcoming Events 14 2018 GVVMA Executive Board

SPRING 2018 Newsletter Editor: Stephanie Quirini (800) 876 -9867 Advertising: Stephanie Quirini (800) 876 -9867 Publication address: GV VMA Newsletter NYSVMS 300 Great Oaks Blvd., Ste. 314 Albany, NY 12203

GVVMA Newsletter is published quarterly by the Genesee Valley Veterinary Medical Association, NYSVMS, 300 Great Oaks Blvd., Ste. 314, Albany, NY 12203 Opinions expressed in articles and editorials of GVVMA Newsletter are those of the authors and are not necessarily those of the GVVMA.

14 Classifieds Genesee Valley Veterinary Medical Association Genesee Valley Veterinary Medical Association

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Register now at

NEW YORK STATE SPRING VETERINARY CONFERENCE May 4-6, 2018 Westchester Marriott Tarrytown, NY



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Greetings All!

Joseph DVM ChrisWilder, Brockett, DVM GVVMA President

I hope you are all doing well and survived another long northeast winter. As our thoughts turn to spring, think about giving back to the veterinary community. We are looking for some new members for the board.

get to know your colleagues. All that have served over the years have gotten so much out of their service and have enjoyed it. You may contact any member of the board for more information (listed on Page 14).

We have several open positions including: education chair, president-elect and board members. I am staying on another two years as president, but will be stepping into the past president role after that. It’s a great opportunity to get involved in the veterinary community and

Be sure to check out our list of upcoming CE events on page 13. We have several exciting programs including March 29 IDEXX will discuss cytology and April 26 Ray Rudd, DVM, ACVS, VCA Braelinn Village Animal Hospital, will discuss working dogs. There are no CE events

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over the summer but we kick things off again September 27 with Dennis Slade, DVM, ACVIM, Animal Medical Center, who will discuss GI issues. Registration is still open for the NYS-VC Spring May 4-6 in Tarrytown. Online registration at ends April 23. Happy Spring!

Joe Wilder, DVM GVVMA President



What Can We Learn From Millennial Staff Members? The characteristics of each generation are a result of their upbringing and environment. Some have experienced wars; been parented by a single mother working two jobs; subjected to a parent losing a job due to an economic crisis, etc. All of these experiences shape an individual and can become a consistent group of characteristics for a generation. While no one wants to be painted with a broad brush, it is true that different periods in time give rise to people with different characteristics. Often, gen X-ers and baby boomers complain about

millennials, the fastest growing segment in the workforce,1 but with some understanding and observation, there are some lessons the older age groups can learn to help them manage better. 1. Embrace change. This tech-savvy generation is accustomed to the rapid changes in technology where old devices are consistently replaced with new devices and features. Millennials are the first adopters of these new technologies. They are always looking for innovative tools and new ways of doing

things better. They question processes or systems that do not make sense and show older generations how it can be done more efficiently. In their quest to welcome change, it pushes the boomers and gen X-ers to do the same to keep up with the pace of change. 2. Collect experiences, not things. Most boomers and gen X-ers work to live to afford things or luxury items. The 20-to 33-year olds care more about experiences over owning things like a fancy car or a house. The older

population has a tough time understanding this simpler approach, but scientists have proven how people feel more rewarded when they travel to a new country, attend a dance class or go to a concert instead of buying something new.2 3. Establish a work-life balance. Millennials realize how important it is to have a work-life balance. They look to work smarter, not harder. This could be their motivation to look at processes and how they could be done easier. Preferring more autonomy in

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the workplace, the younger generation likes to have more control over their time and more flexibility with their hours. They value the time they have away from work and know it contributes to their overall happiness. 4. Continue learning. As an age cohort, the millennials continue to invest in themselves to get ahead in the workforce. By using YouTube videos and online tutorials as resources, they continue to learn new skills without it costing a cent. They have leveraged what is available to them on the internet, something the older population can participate in. Millennials are open to learning new things and continually improving themselves. 5. Be recognized. Recognition is valued by many age groups

but especially millennials. They want to be recognized for their achievements and may need feedback periodically. The feedback allows them to learn their strengths and areas where they need to improve. Their desire for open communication is something from which all ages can benefit. 6. Social responsibility. After living through a major recession, millennials are often eager to help those in need. They have also witnessed the impact of extreme weather events, understand climate change and how their behaviours can impact the environment. They are conscious of their choices and motivated to reduce their carbon footprint. While all of these may be great lessons for gen X-ers and boomers to apply in their

own lives, what is the best way to manage millennials? Carve out time to provide ongoing feedback on a regular basis. They’re not looking for an indepth performance review, just a quick check-in that says you notice they exist. Embrace their sociable nature and their need to interact and bond with their colleagues by providing a few social staff outings each year. Accept that they value a work-life balance, which means sticking around beyond their scheduled shift is a big deal and should not happen often. Home, family and spending time with friends are priorities, so you have to accept it or risk losing them. They have a hunger for instant gratification and tangible outcomes, which means they are outcome driven. They want to know what you want them to do, and they want you to get out of their way so they can get the job done.

Terra Shastri, Manager of Business Development, Ontario Veterinary Medical Association References 1. Meister Jeanne C. & Karie Willyerd. (2010). Mentoring Millennials, Harvard Business Review, 88 (5), 68-72. 2. Howell, Ryan T. & Paulina Pchelin. (2012). The preference for experiences over possessions: Measurement and construct validation of the Experiential Buying Tendency Scale

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Current figures estimate that roughly 55% of American veterinarians are women.1 Further, with female enrollment at U.S. veterinary colleges currently over 80%, women are projected to comprise over 70% of the veterinary profession by 2030.2 As such, it has never been more necessary for practitioners to be familiar with the rights and protections afforded to women veterinarians in the workplace.

Sex and Gender/ Pregnancy Discrimination At the federal level, the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, prohibits employers with 15 or more employees from engaging in workplace discrimination based upon sex and pregnancy status.3 The federal Americans with Disabilities Act (“ADA”) similarly bars unlawful discrimination against pregnant women. While pregnancy itself is not considered a disability, certain pregnancy related conditions are treated as such by the ADA, which prohibits employers with 15 or more employees from firing, refusing to hire, segregating or harassing an employee based upon the employee’s real or perceived disability.4 Importantly for veterinarians in the State of New York, the New York State Human Rights Law also prohibits workplace discrimination based upon sex or pregnancy status.5 Specifically, state law prohibits employers with four or more employees from considering the sex or pregnancy status of their employees when determining: • Hiring; • Compensation; • Disciplinary action; or • Any conditions or privileges of employment. These state and federal laws also prohibit employers from

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retaliating against an employee that opposes unlawful workplace discrimination, files a complaint in good faith, or assists in a related investigation or proceeding. Finally, state law prohibits employers from compelling a pregnant employee to take a leave of absence, unless such pregnancy prevents the performance of her job duties. For veterinarians in the City of New York, the New York City Human Rights Law provides prohibitions on workplace sex/ gender discrimination that largely mirror those of state law.6

Pregnancy Accommodations— What is Required? In addition to prohibiting unlawful discrimination on the basis of sex, pregnancy and certain pregnancy-related conditions, federal, state and local laws also require that many employers to provide certain accommodations to pregnant women. The federal Family Medical Leave Act mandates that employers of 50 or more employees must provide eligible employees with up to 12 weeks of unpaid leave related to the pregnancy or care of a newborn child.7 The ADA also requires that employers of 15 or more employees must provide “reasonable accommodation[s]” to employees with a pregnancyrelated disability, meaning accommodations that do not amount to an undue hardship (i.e., a significant difficulty or expense).8 Such accommodations might include extra bathroom breaks, breaks to drink water, or an adjusted schedule. The bottom line is that employees with pregnancy-related disabilities must be provided reasonable accommodations under the ADA. Veterinarians must also provide accommodations to pregnant employees under state law as well. Pursuant to the New York Human Rights Law, employers


of four or more employees must provide “reasonable accommodation(s)” to employees with a “pregnancy-related condition,” which is defined as a “medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques.”9 Such conditions are, however, “limited to conditions which, upon the provision of reasonable accommodations, do not prevent the [pregnant employee] from performing in a reasonable manner the activities in the job or occupation sought or held.”10 For veterinarians in the City of New York, the New York City Pregnant Workers Fairness Act also requires that employers of four or more employees

must provide reasonable accommodations to pregnant employees, even if they do not have a pregnancy related condition that counts as a disability. Such employers must provide reasonable accommodations to pregnant employees which are broken into four categories: • Minor accommodations, schedule modifications, and alternative positions/ assignments; • Leave related to childbirth, followed by reinstatement to the employee’s original job or to an equivalent position; • Accommodations related to lactation/expressing breast milk; and • Accommodations related to abortion, miscarriages, and fertility treatments.

Takeaway There are a number of federal, state and local laws aimed at preventing sex and pregnancy discrimination, and otherwise require employers to provide reasonable accommodations for certain pregnancy-related disabilities. These laws can be a lot to keep track of. From a workplace standpoint, virtually every decision is subject to these laws. As is often the case in the context of compliance issues regarding workplace discrimination and accommodation, it’s important to routinely audit operational procedures with an eye toward not just intentional discrimination, but more nuanced, unintentional practices that stand to violate the law just the same. Should your veterinary practice require

further guidance, the attorneys at Jackson Lewis P.C. can be reached at (518) 512-8700. Frank Fanshawe, Esq. Nicholas V. Brdar, Esq. Jackson Lewis, P.C. Albany, NY Larkin, Malinda. “Women Leaders Continue to Build Their Ranks.” Women Leaders Continue to Build Their Ranks, 31 May 2017, JAVMANews/Pages/170615c.aspx. 2 “Veterinarians.” Data USA, datausa. io/profile/soc/291131/.; Kelly, Greg. “Veterinary Medicine Is a Woman’s World.” Veterinarian’s Money Digest, 7 May 2017, veterinary-medicine-is-a-womans-world. 3 88 P.L. 352, 78 Stat. 241 4 See, AMERICANS WITH DISABILITIES ACT OF 1990, 1990 Enacted S. 933, 101 Enacted S. 933, 104 Stat. 327 5 See, N.Y. Exec. Law § 296 6 See, NYC Administrative Code 8-107 See, FAMILY AND MEDICAL LEAVE 7 ACT OF 1993, 1993 Enacted H.R. 1, 103 Enacted H.R. 1, 107 Stat. 6 8 See, AMERICANS WITH DISABILITIES ACT OF 1990, 1990 Enacted S. 933, 101 Enacted S. 933, 104 Stat. 327 9 N.Y. Exec. Law § 296(3) 10 N.Y. Exec. Law § 292(21-f) 1



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Register Now for NYS-VC Spring May 4-6 in Tarrytown The 2018 NYS-VC Spring, hosted jointly by NYSVMS and Cornell University College of Veterinary Medicine, will be held at a new location, the Westchester Marriott, Tarrytown, N.Y. May 4-6. This conference will offer 87 hours of continuing education from four tracks during the three-day event with a maximum of 22 hours CE credit per person. The breakdown of credit hours per day are: Friday-8; Saturday-8 and Sunday-6. Continuing education seminars include: • Daniel Smeak, DVM, DACVS, will give in a series of presentations designed to help you learn if how you are doing surgery is actually in keeping with current research, revised recommendations and best practices. • Kevin Fitzgerald, PhD, DVM, DABVP, will present seminars on a range of topics from 10 Emerging Poisons, Marijuana Intoxication in Dogs to Hospital Associated Infections.

• Albert Jergens, DVM, MS, PhD, DACVIM (SAIM), will bring his current research and clinical experience in upper and lower endoscopy, inflammatory bowel disease and host-microbiota interactions to his series of lectures. • Elizabeth A. Rozanski, DVM, DACVIM (SAIM), DACVECC, will draw from her experience both as an internist and a criticalist and will explore both the old and the new with sessions on the geriatric pet in the emergency room and new recommendations for fluid therapy. She will also present respiratory disease with sessions ranging from the brachycephalic upper airway to distressed cats, coughing dogs, and pleural space disease. • Melissa Bain, DVM, DACVB, DACAW, MS, will give a series of lectures to explore some of the most common behavior issues we face in practice, from separation anxiety to how to be successful with

• Gwendolyn Levine, DVM, DACVP (Clinical Pathology), • Mariana Diel de Amorim, sessions are designed to DVM, DVSc, DACT, sessions take advantage of active will take you through what learning principles for a more you need to know about meaningful and memorable theriogenology in general continuing education practice. From the building experience. Work through blocks of estrus detection in challenging cases with your the bitch to advanced breeding colleagues while receiving techniques and detection, support from an expert. Saturday’s sessions are Learn what to do when you designed to give you a solid receive the dreaded equivocal foundation of knowledge to cytology result, how to bring back to your practice. minimize non-diagnostic On Sunday, the focus shifts samples and maximize the to problem cases you may quality of the samples you encounter even if the only submit. reproductive medicine you • Matthew T. Antkowiak, DVM, think of doing are spays and will share his experience of neuters. opening and growing a perioperative rest and care.

Thanks to our sponsors:

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companion animal practice with his friend and colleague in a northeast neighborhood of Washington, D.C. During this interactive session, you will explore the unique challenges and rewards of operating an urban practice.

Scenes for last year’s NYS-VC Spring

There is also a controlled substances seminar and classes for LVTs. The exhibit hall will include over 55 vendors giving you the opportunity to explore new products and services throughout the event. A new event will be held Friday evening—laugh along with Kevin Fitzgerald, PhD, DVM, an accomplished standup comic and former star of Animal Planet’s series Emergency Vets. Saturday evening will be the annual Purple Party and Wine Wall where you can socialize and network with colleagues and exhibitors and also buy a high quality bottle of wine! Register now at: www.nysvc. org. Online registration closes April 23, 2018. All events will be located at the Westchester Marriott, 670 White Plains Road, Tarrytown. To reserve your hotel room, call (800) 882-1042 and use the Group Code: NYS Spring Vet Conf. Hotel rooms will sell out so be sure to make your reservations before April 10, 2018 to receive the discounted conference rate of $155 (plus applicable taxes) per night. Complimentary parking is available.

Photos by Rene van Ee, DVM


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News to use

Important Phone Numbers and Contacts

New York State Education Department

Drug Enforcement Agency

Board for Veterinary Medicine

(518) 474-3817, Ext. 210

New York State Division

License Registration/Renewals

(518) 474-3817, Ext. 410


(518) 474-3817, Ext. 250


Office of Professional Discipline

(800) 442-8106

Albany Headquarters

(800) 882-9539

(800) 876-9867

New York State Department of Health

NYSVMS Affinity Partners

Bureau of Narcotic Enforcement

(866) 811-7957

Care Credit

(800) 300-3046, Ext. 4519

Communicable Disease Questions

(518) 474-3186


(877) 770-3372


(866) 652-6500

USI Affinity

(210) 524-2030

New York State Department of Agriculture and Markets Rabies Lab

(518) 869-4526

Rabies Certificate Questions

(518) 457-0707


Upcoming Events Tuesday, March 20 Executive Board Meeting

Tuesday, Sept. 18 Executive Board Meeting

Thursday, March 29 Association Meeting and CE IDEXX will discuss cytology

Thursday, Sept. 27 Association Meeting and CE Dennis Slade, DVM, ACVIM, Animal Medical Center, will discuss GI issues

Tuesday, April 10 Executive Board Meeting Thursday, April 26 Association Meeting and CE Ray Rudd, DVM, ACVS, VCA Braelinn Village Animal Hospital, will discuss working dogs Tuesday, June 12 Executive Board Meeting

Tuesday, Oct. 16 Executive Board Meeting Thursday, Oct. 25 Annual Association and CE

All Executive Board meetings have lunch included, start at 12:30 p.m. at VSES.

All Association Meetings will be at the Duncan Center preceding the CE at 1:15 p.m.

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2018 GVVMA EXECUTIVE BOARD President Joe Wilder VSR/AES (585) 424-1277

Immediate Past President Kristin Browne TheraVet Acres Rehabilitation and Fitness (585) 872-3791

Ethics Chair Kristin Browne TheraVet Acres Rehabilitation and Fitness (585) 872-3791

Treasurer Andrew Newmark Rochester Animal Services (585) 428-7008 Andrew.Newmark@

Secretary Annette Jones Bayview Animal Hospital (585) 671-3120

State Board Representative Charles Fleming (585) 471-1947

Board Member Johnny Lamb VSR/AES (585) 424-1277

Continuing Education Chair Kathy Collins Veterinary Surgical Services, PLLC (585) 455-8736


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GVVMA Spring 2018 Newsletter  
GVVMA Spring 2018 Newsletter