Discrimination, Medical Records

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on 2/5/2020

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Washington Law Restricts Employers’ Access to Medical Records in WLAD Cases

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/15/2018

Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June...more

New Washington State Law Restricts Permissible Discovery of Plaintiff's Medical Records in Discrimination Lawsuits

Littler on 4/27/2018

A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff’s medical records in litigation brought under Washington’s Law Against Discrimination (“WLAD”). The law will become effective on June 7, 2018....more

Sixth Circuit Signs Off On EEOC Subpoena In UPS Disability Discrimination Case

Seyfarth Shaw LLP on 6/15/2017

Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide...more

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

CMS Proposes Updates to Hospital Conditions of Participation

King & Spalding on 6/27/2016

CMS recently published a proposed rule to update certain of the hospital and critical access hospital (CAH) Medicare and Medicaid conditions of participation (CoPs). With its goals of modernizing hospital and CAH CoPs,...more

The EEOC’s New One-Way Street: Providing Position Statements to Charging Parties

Genova Burns LLC on 2/25/2016

Effective February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) will uniformly allow employees bringing unlawful discrimination claims to gain access to the employer’s Position Statement submitted in...more

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

Sherman & Howard L.L.C. on 7/15/2013

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more

What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment

Bracewell LLP on 12/31/2012

The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential...more

Loose Lips Do Not Always Sink Ships—Seventh Circuit Rejects EEOC’s View on ADA Medical Records Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2012

In EEOC v. Thrivent Financial for Lutherans (issued on November 20, 2012), the Seventh Circuit Court of Appeals, which is the federal appellate court covering Illinois, Indiana, and Wisconsin, ruled that a company did not...more

Discrimination › Medical Records

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