News & Analysis as of

Americans with Disabilities Act (ADA) Protected Health Information

Foley & Lardner LLP

EEOC Issues Updated Technical Guidance on COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws

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The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on...more

Sullivan & Worcester

Winter 2023 Employment and Benefits Updates

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SECURE 2.0 Act - As part of a large year-end piece of legislation, the provisions known as SECURE 2.0 Act of 2022 (“SECURE 2.0”) were enacted into law. SECURE 2.0 represents a broadly bipartisan piece of legislation that...more

Constangy, Brooks, Smith & Prophete, LLP

Is faxing a reasonable accommodation?

Remember faxes? I don't. A 70-year-old home health care nurse (RN) has sued her employer under the Americans with Disabilities Act and the Age Discrimination in Employment Act....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tractor Supply Company for Disability Discrimination

Employer Disclosed Employee’s Confidential Medical Information, Harassed Her, Retaliated Against Her and Fired Her for Complaining, Federal Agency Charges - BIRMINGHAM, Ala. – Hattiesburg, Mississippi-based Tractor Supply...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

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As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

Foley Hoag LLP

HHS OCR Issues Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace

Foley Hoag LLP on

On September 30, 2021, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR)issued guidance to help the public understand when the Health Insurance Portability and Accountability Act of 1996...more

Jackson Lewis P.C.

OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace

Jackson Lewis P.C. on

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more

Holland & Hart LLP

Employee Vaccine Information: Privacy Concerns

Holland & Hart LLP on

Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to...more

Schwabe, Williamson & Wyatt PC

Healthcare Employee Data Privacy during the COVID-19 Pandemic

The COVID-19 pandemic has presented many novel challenges and questions for employers, from administration of Families First Coronavirus Response Act (“FFCRA”) leave to managing performance of remote workers. For healthcare...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Farella Braun + Martel LLP

Coronavirus and the Workplace: Guidance for Employers Resuming Operations

As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more

Pullman & Comley - Labor, Employment and...

EEOC Issues More Guidance on ADA and the Coronavirus

The EEOC has, yet again, revised its guidance on the ADA and the Coronavirus in the workplace. In an expanded Q&A, the EEOC provides further guidance designed to protect employees’ medical information and prevent...more

Holland & Knight LLP

COVID-19 Guidance for Institutions of Higher Education

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The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more

Cozen O'Connor

How Boards and Property Managers Should Prepare for COVID-19 in New York

Cozen O'Connor on

Click here to read more on the coronavirus According to the Centers for Disease Control and Prevention (CDC), the immediate risk of being exposed to COVID-19 (aka, the coronavirus) is thought to be low. While the virus is not...more

Holland & Knight LLP

Coronavirus and Educational Institutions: Guidance for Healthcare Programs and Beyond

Holland & Knight LLP on

The U.S. Centers for Disease Control and Prevention (CDC) has issued Interim Guidance for Administrators of U.S. Institutions of Higher Education and for K-12 schools and childcare programs, asking them to collaborate and...more

Seyfarth Shaw LLP

Does My Health FSA Cover My Surgical Mask Bulk-Purchase? (and other pressing questions about the intersection of coronavirus,...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Because everything has a coronavirus angle now….this blog post covers various issues and considerations plan sponsors and administrators should keep in mind as the coronavirus outbreak continues to...more

FordHarrison

HIPAA Privacy and Coronavirus

FordHarrison on

With the recent spread of coronavirus (2019-nCoV), it is an important time to examine what information employers may share under HIPAA’s Privacy Rule during an outbreak of infectious disease or other emergency situation....more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2019 #2

Robinson & Cole LLP on

The Federal Bureau of Investigations Internet Crime Complaint Center (IC3) recently issued a public service announcement warning private companies about the increasing numbers of ransomware attacks affecting private industry....more

Spilman Thomas & Battle, PLLC

Back at Square One: The Questionable Status of Employer Wellness Plans

Sponsored wellness plans that include incentives to employees who voluntarily disclose personal health information as part of disability-related inquiries or medical examinations are in legal limbo after the EEOC removed the...more

Bass, Berry & Sims PLC

2018 ERISA Welfare Plan Checklist

Bass, Berry & Sims PLC on

We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What All Employers Need to Know About Protecting Employee Health Information

Employers obtain employee health information in a number of ways—most commonly, in relation to a work-related injury or when an employee requests medical leave or a disability accommodation. Most employers understand that...more

Robinson+Cole Data Privacy + Security Insider

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Chapter 21 of the Texas Labor Code Does Not Incorporate ADA’s Prohibition on Release of Confidential Health Information

Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However,...more

Troutman Pepper

Leasing to Health Care Tenants: What You Need to Know

Troutman Pepper on

Commercial office building landlords frequently find themselves leasing to health care provider tenants. A landlord may not consider doctor’s offices or diagnostic labs as specialty uses, but there are several lease...more

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